Not being able to visit the USA during the I-13O process?

[Hotter Otter 1,211]

I haven't had a problem even when asked what I was doing and I said visiting my wife. It's frustrating these charlatans will take peoples money and not know what they are talking about! The only time you'd have a problem is if you lied and were held up for further questioning and they found out that your sightseeing holiday you lied about was actually visiting your spouse. I tell them that I'm visiting for leisure and if I questioned further I say visiting my wife and explain about the CR1.

[Alexandra22 0]

My husband is coming here from Ireland on Saturday on business visa for some business meetings. Our I-130 was aprroved while ago. I am worrying a little bit that they are not going to let him in. I asked on avvo.com, and nearly all attorneys told me that probably he will be refused entry, but from what I am reading on forums it will look like they will let him in. Anyway, we will find out on Saturday and I will let you know he has return ticket, letter from work( why he is coming to US, that they are covering all expenses and insurance, and also when he is coming back). Also he has positive history of flying out on time. So I can't believe that he will have any problems coming in..

[JBW 0]

There is no official rule that you cannot visit the US while I-130 is pending. My wife is currently resident in the US, and is petitioning for me to join her. I am currently at the waiting-for-interview stage with NVC. I visited my wife in December, on the VWP. When asked at immigration why I was visiting the US, and how long for, I stated that I was visiting my wife, who is a permanent resident for 2 weeks. The immigration officer then stamped my passport with thee standard 3 month visa and let me through. He didn't even mention my pending application, which presumably was shown on his screen.

If you have a valid ESTA, and can provide reasonable evidence of your intention to return to your current home country (if asked to do so), there is no reason why you should not go. It is only if they have a reasonable suspicion that you may attempt to stay illegally that they could deny you entry.

[islandbabes 12]

When asked where I was staying, I told him with my mom-in-law (which was true). Answer only what is asked. I have been here twice or thrice since beginning the process.

[mango85 3]

Like others have said, your spouse can visit while you are waiting for the I-130. My husband came over without any problems.

Each time I returned from visiting my husband in his country, I asked the immigration officer whether he could come over during this process. Each time I was told, "just make sure he has proof he will return." The caution I ever received was to be careful that he doesn't stay too long to avoid looking like he's abusing his tourist visa.

Part of the confusion is that it is sometimes difficult to acquire a tourist visa while an I-130 is pending, and people sometimes think that means no spouse can enter the country during processing. There is a difference between using an existing visitor's visa and applying for a new one while in process. The customs officer always has the right to refuse entry, but that's true of anyone trying to enter the country (even if they are not in process for an immigrant visa).

[mtlguy 59]

Yet another proof that immigration lawyers are useless.

Was in the US for winter break. never had a problem.

Go visit your beloved and call it a day.

[Sylea 30]

I've never heard that it influenced the i-130 process at all. Of course, you may be refused permission to visit - that's in the hands of the Customs person to whom you speak, and sometimes they refuse. But that refusal doesn't affect your process, unless you lied or misrepresented yourself and the purpose of your trip. Which you wouldn't do, right?

I was told at customs in September when I flew to Michigan for my wedding, that if I planned to travel back and forth to see my husband, what I needed was proof of 'ties and equities' to Canada. I have letters signed by my bosses along with employment verification letters and utility bills, and update them for each period of travel. I always feel if I'm honest and have nothing to hide I have no reason to be turned away.

[JnRMo 16]

I dont see how it could! He explained to my wife that it could delay the process because they might be worried that I would trying to stay illegally (How I don't know because I've already filed for the legal way in and anyone would be stupid to break immigration rules at this stage)

You should be fine if, just don't lie about anything, and I wouldn't push close to the 90 day limit or go back every time you're eligible.

[Angela256z 30]

My husband is here on the VWP. Our I-130 was approved while he was here on his vacation. He returns home on Monday. He did not have any problems.

[Exocet 88]

As far as I know, all lawyers say this. They are there to give you the "best possible" legal advice. That's what you are paying them for. It doesn't have anything to do with whether they are smart or not. The best possible advice is to not do anything that could even have a remote possibility of affecting your case.

Lawyers give advice.. that's all. I have travelled to the US a number of times now with I-130 pending, and I have not been refused. Just be intelligent and respectful when you cross.

[TimandAna 37]

I read that most people have no troubles.. Wasn't their a story while back about a person in process of I-130 getting denied at POE and getting a US ban which added a waiver at the end? Maybe that is what worries the lawyer?

[Hotter Otter 1,211]

I read that most people have no troubles.. Wasn't their a story while back about a person in process of I-130 getting denied at POE and getting a US ban which added a waiver at the end? Maybe that is what worries the lawyer?

As far as I was aware denial at POE does not adversely affect the I-130 unless you provide false information and get found out which results in a ban for misrepresentation?

[TimandAna 37]

As far as I was aware denial at POE does not adversely affect the I-130 unless you provide false information and get found out which results in a ban for misrepresentation?

I have no clue. I just remember reading the beginning part of the story. If I remember correctly the person was trying to enter the US and at the POE was given two options. One: Jail time Two: Sign a paper resulting in a ban. They could have tried to enter with 10 bags and a one way ticket or could have been a normal entry. I am not sure why the person was flagged at the POE which resulted in this. I did not follow the story completely but someone else might have. But this could be a reason the lawyer gave advice not to enter. As Exocet said... "They are there to give you the "best possible" legal advice. That's what you are paying them for. It doesn't have anything to do with whether they are smart or not. The best possible advice is to not do anything that could even have a remote possibility of affecting your case."

[Neonred 3,562]

My step daughter, from a non VWP country, was able to get a tourist visa with an I-130 in process. She required an interview at the embassy, and they knew about the I-130. There were no issues getting the visa, entering the country even though she had few ties to Russia, and no effect to her I-130.

[Bella8 4]

Of course she can visit you. It won t affect your Green Card application in case she ll be send back home. My travel did not work out although I had a return ticket and strong ties to Germany with me. I actually got married in the USA on a B2 visa and left the USA after the wedding because we wanted to do it the legal way. It depends on the officer....Good Luck to you!