Questions on visiting the US while I130 is processed

[Jamie & Izzy 98]

Hi, because of the long (and lengthening) processing times, my wife and I are thinking about trying to have her come for a visit, so we at least have a little time together while USCIS gets its act together. She is a citizen of a Visa Waiver Program country, and has been here to visit me several times before, before we submitted the I-130. A couple of those times, she stayed over 80 days, but we were very careful to never exceed the 90 day limit (and then she would stay out of the country for at least 90 days before coming again).

We know the sort of documentation (proof of bank account, job, lease, etc) that helps, and will bring what we can. Unfortunately, she lives with her family (thus does not have a lease of her own) and spends her time looking after her family (so doesn't have a job), so this may leave us on fairly thin ice. Any suggestions on other evidence besides lease/job to convince the border agent she is really just visiting? I think it's a bit ridiculous anyway - if we're already following the legal procedure, why would be jeopardize it by overstaying the 90 day VWP limit? There really seems to be *way* too much paranoia in this whole process... In any case, if we do try it, I will be going to pick her up and will accompany her through the border, which I hope may help.

Our other big concern is what happens if she is turned away? Does she just have to pay the airline the fee to change her return flight, fly back and that's it? Or will it cause actual problems with her I-130? We've heard some suggestions that it may delay processing, but others that it doesn't. Is this just scare-mongering on the part of those who want to force us to follow the procedure they prefer? Or is there a real danger of having the I-130 delayed to an even more ridiculous degree?

[canadian_wife 1,822]

Your flag says Morocco, what country is she from that travels on a VWP?

Yes, if she is refused entry into the US she must take the cost of the return trip. It depends on why she is denied that may or may not result in difficulties moving forward with your 130, if it is a simple denial of entry, then no. If it becomes a misrepresentation or an expedited removal, then yes.

good luck

[Jamie & Izzy 98]

She has dual Moroccan/German citizenship. Since she lives with her family in Morocco, we have to go through the Moroccan embassy. Which is a pity, since I have a suspicion things would be a bit easier with us in Germany.

[Tayri n Tudert 11]

The Moroccan consulate is quite lenient on women in comparison to men. All of the women I've seen on VJ interviewing in Morocco were approved so I'm under the impression most of the women who are petitioned for are approved as long as there isn't obvious fraud taking place on their behalf. It could even possibly be a good thing for you guys.

Edited December 22, 2013 by Tayri n Tudert

[B & G 200]

If she is denied at POE then the most likely scenario is that the airline she travelled on will be the one she is traveling back on. Airline will use her return ticket to accept her on the flight. I work for an airline here in greece. We have plenty of people being denied entry in the US and being sent back. Return ticket is always used. When we have a passenger denied entry here in greece as an airline we are responsible on sending them back. If they have a return flight.. we use that.. if they dont.. we ask for payment.. if they dont have any money.. we charge it to a budget. All airlines have some type of budget for situations such as this.

[B & G 200]

If she gets denied at POE it has no affect on your CR1/IR1 petition. The only thing that will most likely happen is that she is be unable to use VWP to travel again.

Unless you are on the flight with her, unfortunately you will be unable to access the border control area.

My best advice to you is since she has no job or lease in her name, have her carry documents that show her address in morocco. Bank statements, phone bill etc. And travel insurance for the time se there. Also if it can be done, ask if her name can be add to a utility bill at her parents place.

Have a copy of the NOA2 and a print out of the processing times for USCIS. if she is questioned further, her main argument is that the process is taking so long she just wants to spend some time with her husband while you both wait for an approval.

[Jamie & Izzy 98]

If she gets denied at POE it has no affect on your CR1/IR1 petition. The only thing that will most likely happen is that she is be unable to use VWP to travel again.

Unless you are on the flight with her, unfortunately you will be unable to access the border control area.

My best advice to you is since she has no job or lease in her name, have her carry documents that show her address in morocco. Bank statements, phone bill etc. And travel insurance for the time se there. Also if it can be done, ask if her name can be add to a utility bill at her parents place.

Have a copy of the NOA2 and a print out of the processing times for USCIS. if she is questioned further, her main argument is that the process is taking so long she just wants to spend some time with her husband while you both wait for an approval.

Thank you B & G your answers are very helpful ,its good that it will have no effect on our CR1/IR1 but i`m still very afraid of getting denied,according to our timeline it will be until March or so just for our NOA2 so no NOA2 print,I have bank statements showing my address, i will have my return flight and our USCIS pending.

My visit to the US took 2 month, after 3 and half month of being back home i visited my husband again for 85 days ,and then the last visit at the POE they questioned me sending me to this room the officer was not very nice the least i can say but did let me go after 15 minutes,i have not been to the US 5 months now and until i plan to visit again its going to be 7 month ,should i still risk it?

[Jamie & Izzy 98]

If she is denied at POE then the most likely scenario is that the airline she travelled on will be the one she is traveling back on. Airline will use her return ticket to accept her on the flight. I work for an airline here in greece. We have plenty of people being denied entry in the US and being sent back. Return ticket is always used. When we have a passenger denied entry here in greece as an airline we are responsible on sending them back. If they have a return flight.. we use that.. if they dont.. we ask for payment.. if they dont have any money.. we charge it to a budget. All airlines have some type of budget for situations such as this.

Do you know by any chance if any documents/forms will be sent to me after the NOA2 gets accepted ,or will it all be sent to my husband ? sorry for all the questions ,looks like we are on the same boat August Fillers ^^ .

Izzy.

[dlord87 3]

Hi, because of the long (and lengthening) processing times, my wife and I are thinking about trying to have her come for a visit, so we at least have a little time together while USCIS gets its act together. She is a citizen of a Visa Waiver Program country, and has been here to visit me several times before, before we submitted the I-130. A couple of those times, she stayed over 80 days, but we were very careful to never exceed the 90 day limit (and then she would stay out of the country for at least 90 days before coming again).

We know the sort of documentation (proof of bank account, job, lease, etc) that helps, and will bring what we can. Unfortunately, she lives with her family (thus does not have a lease of her own) and spends her time looking after her family (so doesn't have a job), so this may leave us on fairly thin ice. Any suggestions on other evidence besides lease/job to convince the border agent she is really just visiting? I think it's a bit ridiculous anyway - if we're already following the legal procedure, why would be jeopardize it by overstaying the 90 day VWP limit? There really seems to be *way* too much paranoia in this whole process... In any case, if we do try it, I will be going to pick her up and will accompany her through the border, which I hope may help.

Our other big concern is what happens if she is turned away? Does she just have to pay the airline the fee to change her return flight, fly back and that's it? Or will it cause actual problems with her I-130? We've heard some suggestions that it may delay processing, but others that it doesn't. Is this just scare-mongering on the part of those who want to force us to follow the procedure they prefer? Or is there a real danger of having the I-130 delayed to an even more ridiculous degree?

My wife is currently visiting me here in Houston for the holiday season, I am not sure if it's easier because POE is Miami (Lots of latins working in CBP) or she is entering with a visitor B1/B2 Visa, but she's been twice here since we submitted the I-130, the only documents she brought was the NOA-1, round trip flight tickets and proof of a travel insurance for the time while she is here. That's pretty much see provided when interviewed. I recommend to get a travel insurance (it's affordable) for the time your spouse is visiting. http://www.hccmis.com/

Happy holidays

Regards,

D

[mango85 3]

My husband is here now for the holidays. He had a stack of documentation, including a letter from his school stating he is a student, letters from my family asking him to come here for the holidays, a notarized letter stating his intent to visit and return, his return ticket, and a letter from me that stated we are in process and understand that he cannot stay here as it would invalidate the legal visa process.

The officer didn't ask him anything when he went through Immigration. He offered the letter from the university, but the officer said, "I don't need it," and stamped his passport.

You never know what will happen at the POE. Just have everything you can think of to prove that she will return. Be prepared. Hope for the best. Plan for the worst.

[B & G 200]

Do you know by any chance if any documents/forms will be sent to me after the NOA2 gets accepted ,or will it all be sent to my husband ? sorry for all the questions ,looks like we are on the same boat August Fillers ^^ .

Izzy.

Everything will be sent to your husband. The only paperwork that will be sent to you is after NVC has approved the petition and thats a ways off still. Everything before and during the NVC stage will be sent to your husband in the US.

[B & G 200]

Thank you B & G your answers are very helpful ,its good that it will have no effect on our CR1/IR1 but i`m still very afraid of getting denied,according to our timeline it will be until March or so just for our NOA2 so no NOA2 print,I have bank statements showing my address, i will have my return flight and our USCIS pending.

My visit to the US took 2 month, after 3 and half month of being back home i visited my husband again for 85 days ,and then the last visit at the POE they questioned me sending me to this room the officer was not very nice the least i can say but did let me go after 15 minutes,i have not been to the US 5 months now and until i plan to visit again its going to be 7 month ,should i still risk it?

I did mean NOA1 in my previous post. Sorry for the error!

Since you have been through a secondary interview already at POE, do you remember what the CBP officer said to you? Were you warned off? Eg. Dont come back on a VWP have the right visa next time?

I think the fact that you stayed away from the US for 7 months is to your advantage. Of all the denied entries I have heard on vj and at work most where because of back to back 90 days trips or because of no job at home country and a length stay.

How many days are you planning in on staying this time around?

[Jamie & Izzy 98]

Everything will be sent to your husband. The only paperwork that will be sent to you is after NVC has approved the petition and thats a ways off still. Everything before and during the NVC stage will be sent to your husband in the US.

Okay good to know ^^ thanks again!,one less thing to worry about ,i was afraid while i`m visiting i`ll get some kind of paperwork,i will bring my Police/Court translated record just before i leave for the visit,i have read that my husband will need it for the NVC stage?

[B & G 200]

Yes. Your husband will need your police certificate for NVC.

Maybe im being too cautious or overreacting, but I wouldn't take any official documentation with me if I was you. I once had a person sent back because he had his birth certificate with him at POE. In the eyes of the cbp officer, if your plan is only for a visit why do need to be carrying such documents with you?

Im planning on visiting my husband end of jan and have afew such docs I would like to bring with me. But honestly I do not want to give anyone any reason to doubt my intentions of returning back. So im sending everything to him before I fly out, rather than have it on me at POE.

[Jamie & Izzy 98]

I did mean NOA1 in my previous post. Sorry for the error!

Since you have been through a secondary interview already at POE, do you remember what the CBP officer said to you? Were you warned off? Eg. Dont come back on a VWP have the right visa next time?

I think the fact that you stayed away from the US for 7 months is to your advantage. Of all the denied entries I have heard on vj and at work most where because of back to back 90 days trips or because of no job at home country and a length stay.

How many days are you planning in on staying this time around?

Alright i do have that

Yes,he asked if i work or study i said no but i look after my Family and help my father in our shop every now and then (Women Cloth),how long i planned to stay i said 2 and half months,he said my answers were confusing him cause i told him i was with family in Germany before arriving to the US when he asked me about my trip ,so he was like you have Family in Germany now? you just said you live in Morocco with yout parents,i told him i was visiting my Brother and my Grandmother before my flight to the US so i have Family in Morocco and in Germany since i`m half German half Moroccan,he kept on saying wait wait a minute after almost every answer,so he said you have no job no nothing ,you cannot do that! i told him i never over stayed or broke a law,he said i know but you just cannot do that,he did not warn me or tell what specifically i cannot do, when we were almost done i started crying ...he said don`t you cry on me now! i already had someone cry today ...,and gave me a kleenex ,then he said okay and i asked him if i can go,he said yes you can go.

I did not know i was not supposed to visit for almost 90 days and go back and do it again,first time i stayed 2 month but the ticket we first got was about 85 days but my sister passed away one week before the flight so it was 2 month instead of almost 3 :S so now i know why they interviewed me !

I would like to stay 2 weeks around late February to mid March more or less.

And i apologies for my English, after all this time on VJ i`m still learning new things about this Journey every day ... !

Izzy

Edited December 24, 2013 by Jamie & Izzy