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wiglet

Filed I-130 last month - can I still travel to US for Christmas?

By wiglet in IR-1 / CR-1 Spouse Visa Process & Procedures

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wiglet Rookie

wiglet   0

Posted
Filed: Timeline
Posted

Hello!

My wife and I recently sent the I-130 petition for relative form to Chicago for processing. We received the receipt number a few days ago and I can see that it is currently at the "Initial Review" stage. Very excited!

Only problem is though, I have been reading up the info here and under the "Minuses" section it reads: "The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

This is slightly worrying, as we are both due to fly to the USA for Christmas to spend the week with her family and now i'm worried that I may not be allowed into the country because we have already started the process.

Can anyone clarify this for me please or advise what has happened to them in the past? Should I even be worried? Is there anything I can do to make sure that I dont have a problem at immigration?

Thanks in advance! :)

Wiglet

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kmg617 Enthusiast

kmg617   26

Posted
Filed: Citizen (pnd) Country: Israel
 Timeline
Posted

If you already have a visitors visa you can visit. Just bring proof that you do not intend to immigrate. My husband came with no issues in Sept. Just bring proof of employment, car registration, residence, flight back etc..

12/30/2012 Got married!

02/01/2013 Sent I-130 via Priority Mail USPS

02/05/2013 NOA1 Priority Date

04/09/2013 Called USCIS-informed by Tier 2 officer that my case was transferred to Washington D.C. on March 13

09/05/2013 NOA2

09/27/2013 NVC received case

Submitted DS-261

Paid AOS bill

10/16/2013 Paid IV bill

10/19/2013 Submitted DS-260
10/21/2013 Mailed AOS and IV packages overnight

11/15/2013 IV package accepted/Checklist for AOS

11/26/2013 New AOS documents received at NVC

12/19/2013 Case Complete

12/27/2013-Received Interview letter

01/26/2014-Husband's Medical Exam

02/13/2014-Interview- Approved, but the consular officer did not see I-864 joint sponsor documents, and sent my husband home with the packet of all the original documents, and told him to mail it in when he gets it. My husband realized that the "missing" documents had been there all along. Husband immediately mailed it back.

02/26/2014-Consular office received "missing" documents and gave it to CO for review

03/17/2014-Visa Issued!

03/20/2014- Received Visa

03/21/2014- POE!

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Angela256z Collaborator

Angela256z   30

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

If you have a visa to travel or they are from a country with the VWP they can travel. My husband is currently here in the US for xmas now and we filed six months ago.

* 21 APR 2016 - 90 Days before husbands conditional green card expires

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ustrack Rookie

ustrack   3

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Filed: IR-1/CR-1 Visa Timeline
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It could prove difficult if the i130 is not yet approved. i would becarful and bring enough evidence to prove that i dont intend to stay. (i believe that they think that if u get denied on i130 u will not leave the state.) just mythought.

It could prove difficult if the i130 is not yet approved. i would becarful and bring enough evidence to prove that i dont intend to stay. (i believe that they think that if u get denied on i130 u will not leave the state.) just mythought.

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Angela256z Collaborator

Angela256z   30

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

My husband did bring extra stuff. He retunr ticket information, a letter from his employer showing his return to work date, print out of financials showing he had money for the holiday. He never ended up needing it. His POE was Salt Lake City and they were nice and just asked why he was here he said to wpend the holidays with me and family.

there is always a chance of a turn away.

* 21 APR 2016 - 90 Days before husbands conditional green card expires

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saddlepatch Enthusiast

saddlepatch   6

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

As long as you bring return ticket, proof of employment in your home country, proof of bill payments that are on going, you will be fine...

Think about it, why does it make sense for your husband/wife to visit you in your country but not in theirs...it makes no sense. Don't worry I thought the same thing.

Really in the end, it's up to the BCO at the time of entry to decide if you can visit the US. They can deny you for anything now a days. I was denied back in 2009 (the first time I went to see my wife actually as her best friend originally) cause I didn't have a job and I wasn't going to school, regardless of my flawless entry record before hand.

Whether the US Boarder patrol can actually SEE that you have applied for residence in the US is debatable. Some say, yes, the USCIS puts a big red flag on your passport and others say no, they don't even know unless you bring it up....which they usually do because you're more than likely gonna say "I'm visiting my spouse" and I know I always get asked. "When do you plan to live together, if you're not already? And where?"

I would just be honest, answer only the questions they asked, have proof that you're returning and that you're not gonna stay and be polite :) They BCO's bark is worse than their bite, really!

The Path to Finding My Soul Mate ❤️

2008 - Met on deviantART.com
2009 - Visited each other for the first time as best friends.
2010 - Realized we were meant to be more than friends ❤️
Christmas of 2011 - Engaged!

July 5, 2013 - MARRIED!!
July 18, 2013 - DOMA IS STRUCK DOWN!!!

Waiting on IR-1 Visa to be approved then will celebrate with the beach ceremony/reception of our dreams ❤️

My Visa Journey for IR-1

11/21/2013 - I-130 Package Sent to Phoenix Lockbox

11/26/2013 - Package Arrived in Phoenix!! Waiting on NOA1!

12/02/2013 - NOA1 received VIA Email! Waiting on Hard Copy!

12/04/2013 - Hard Copy Arrived, waiting on approval!!

06/26/2014 - E-Request sent, Security Check still pending. Still waiting on Approval.
07/05/2014 - Our first marriage anniversary!
08/17/2014 - Still awaiting approval. Planning on sending 2nd E-Request in September
10/09/2014 - I-130 APPROVED, NOA2 Received by E-Mail, waiting for package in the mail!! 311 days later, wow!
12/05/2015 - NVC Received. Assigned Case # and Will be Going to Montreal!
12/11/2015 - AOS and IV Bill paid!!!
05/13/2015 - AOS and IV Package sent!
07/05/2015 - Happy Two Year Anniversary!
08/27/2015 - Interview Confirmed on September 25, 2015 at 8am! WE'RE GOING TO MONTREAL! Fingers crossed!! (one day before my birthday!)
09/08/2015 - Medical Done in Toronto with Dr. Lyndon (Highly recommend! Easy to get too via the subway). All clear there! Waiting for it to come in the Mail
09/25/2015 - Visa APPROVED!

Total Time Taken (Till Interview): 1 Year 10 Months

Point of Entry/Green Card Delivery

09/26/2015 - Back home from Montreal, waiting for LOOMIS delivery to pick up VISA
09/30/2015 - Visa Arrived in London, ON for pick up; Visa in hand!
10/01/2015 - Flight Booked! Moving date is October 7th!
10/07/2015 - POE @ YYZ (Toronto Pearson International). Waiting on Greencard delivery

 

2019 UPDATE : Going Home to Canada. Process for their application took 4 months. Smell ya later USA. Won't miss ya.

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Terry J Enthusiast

Terry J   50

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

Hello!

My wife and I recently sent the I-130 petition for relative form to Chicago for processing. We received the receipt number a few days ago and I can see that it is currently at the "Initial Review" stage. Very excited!

Only problem is though, I have been reading up the info here and under the "Minuses" section it reads: "The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

This is slightly worrying, as we are both due to fly to the USA for Christmas to spend the week with her family and now i'm worried that I may not be allowed into the country because we have already started the process.

Can anyone clarify this for me please or advise what has happened to them in the past? Should I even be worried? Is there anything I can do to make sure that I dont have a problem at immigration?

Thanks in advance! smile.png

Wiglet

Hi there,

We filed the I-130 in late June 2013 and I travelled to the US in August to visit and had no issues. I have a flight planned to the US in a couple of weeks to visit for two weeks during the holidays.

We know that it is completely at the discretion of the office you get at the POE whether to let you in or not. Don't offer information if not asked but answer all questions honestly and concisely.

I travel with a solid packet of proof that I reside in Canada and that I have solid ties/reasons to return to Canada. So far I have never been asked for any documentation but it is important to have it on you just in case. Things like paystubs for the past few months, recent bills in your name with your current country address, bank/credit card statements, proof of ongoing employment/studies/residence etc...

I also carry with me an entire copy of our I-130 petition to show that we chose to go the route of consular processing.

Hope that helps. Travel with confidence and enjoy the holidays! :)

04/25/2009: First Met and not long after began a long distance relationship.

10/27/2012: Married

12/20/2013 Most recent US Entry. Two week visit intended - decided to switch from consular processing to AOS after change in circumstances.

I-130 - See my profile for detailed info

AOS

02/05/2014: I-693 Civil Surgeon Medical Exam

02/28/2014: (00) AOS sent

03/03/2014: (03) AOS received

03/05/2014: (05) NOA date

03/06/2014: (06) Cheques cashed

03/10/2014: (10) Received hardcopy of NOA's

03/17/2014: (17) Received biometrics notice (appt. date 04/07/2014)

03/18/2014: (18) Successful walk-in for biometrics Brooklyn ASC

04/10/2014: (41) AOS E-mail notification status updated to Testing and Interview

04/16/2014: (47) AOS E-mail notification Interview Appointment Notice for May 19, 2014 @ 9:30 a.m.

05/08/2014: (69) EAD card in production e-mail notification

05/14/2014: (75) EAD card mailed and tracking number e-mail notification

05/16/2014: (77) EAD card received and applied for SSN

05/19/2014: (80) AOS Interview at Federal Plaza - approval pending due to I-130 file not transferred to NYC field office from Nebraska!

06/04/2014: (96) Infopass scheduled in order to show approved I-130 notice and attempt to get I-485 approval sped up. IO wasn't at work so left copy of approved I-130 and written case review request.

06/20/2014: (112) Green card was approved.

06/26/2014: (118) Received e-mail/text notification of green card approval and that card was also mailed. Received USPS tracking number at 6:45 p.m. EST.

06/27/2014: (119) Received green card in the mailbox.

ROC

03/22/2016: (00) I-751 package sent

03/23/2016: (01) I-751 package received at CSC

03/28/2016: (07) Rcvd NOA1 that includes 1 yr GC extension

03/31/2016: (10) Rcvd Bio appt notice (appt. date 04/11/2016)

04/05/2016: (15) Early bio walk-in attempt successful

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wiglet Rookie

wiglet   0

Posted
Filed: Timeline
  • Author
Posted

Thanks everyone for your responses! I also emailed the local US Embassy to ask for their advice and was told that yes it was at the discretion of the border patrol agent. They did advise that I had a valid ESTA completed (which i've now done) so i guess all I can do is hope for the best. I'll follow everyone's advice here by bringing with me evidence of employment, proof of return tickets etc and hope for the best.

I'll let you know how I get on :)

Cheers!

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