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

[indiatocali 0]

Hi Darcy

I have the same case!! My PD is 9 jan 2014!! My lawyer told me not to apply for a tourist visa as it would mess the status. Mine one is too a reputed immigration lawyer. he said the process would take 10 months and hence i should wait and not rush for visitors visa. i even posted the same question on lawfaq.com and every single US lawyer asked me not to apply for visitors visa as it would delay the entire process.

My thoughts exactly!

Because I've seen everyone say the same thing that it's ok to travel etc... however he does have a good reputation and he is a specific immigration lawyer. I have followed this question up with him and I'm yet to hear back from him (I just emailed him) but was very surprised when my wife told me!!

[jmack2743 7]

Hi all,

Ok so my wife spoke to an immigration lawyer today for some advise, we have already filed form I-130 and received the notice/receipt.

She did ask weather I would be able to come into the USA on a VWP (Visa waiver program / standard tourist visa which allows a a tourist up to to 90 days to remain in the USA) and he replied and was adamant to say that I should not do that as it could delay / mess up the I-130 process! I have however asked on the forum before and others have stated that they did do so and had no problems.

So my question is has anybody had any problems with this? Of course having a return flight ticket already booked and ties that show your 'need' to return back home is a given.

Thanks in advance,

Darcy

It's a hit or miss, because my husband got deny entry to US because he was married to US citizen and didn't have right visa. He could not use a VWP and he also had a return ticket.

[lynndy38 64]

I visited my husband during the CR1 process, took lots of evidence but wasn't asked for anything. The only thing I was asked was what did my husband do…..I answered then was on my way. I think your lawyer is covering his butt as theres always the chance of denial. But to say it could affect your visa is wrong, you'd be sent home to wait out the rest of the process,providing you have been honest.

You will still need the ESTA, be sure to fill it out honestly.

[No name 88 48]

Here's my take on this. The tourist visa application takes 20 minutes to fill out and costs $160. This visa is soley based on the information in the application, requested documents and interview that last 5 minutes. There is no law that you can't apply for your spouse or you can't apply with an petition for an I-130 on file.

Apply for it! If denied you're only out $160 and it is a dry run for your CR-1 or K-1 interview. Don't lie; if they ask if you have an I-130 on file tell them and make sure your spouse is prepared to show why your they will leave the US once the visa is up.

I would like my wife and my new son to visit my family while we are waiting for the I-130 petition approval. I plan on applying on a tourist visa for the wife next month. If I get denied I'm out $160. I've lost more money on worse stuff than that and it will make me feel better having tried. I don't know why people on here keep saying You Can't Do That! when it's not illegal to try. I see it here a lot on the posts. The worst they can say is denied, have a nice day.

[Sam_Zel 1]

I have asked this same exact question to the USCIS they informed me many different occasions ( I asked everytime I called) that we technically COULD try it however if she was denied for ANY reason her I-130 would be automatically rejected as well , and she would basically be black listed from entering the USA EVER

[shikimo 8]

Exocet has it right: these lawyers aren't stupid or incompetent, they're just being lawyers. Imagine the lawsuit if an immigration lawyer told a client that it would "probably be OK" and something terrible happened! Lawyers can't traffic in "probably" and "usually."

I have a question about the ESTA: having never done one myself (US citizen), I'd like to know if there are questions about immigration status on the online form. Specifically, do they ask if the applicant is involved in a legal immigration process? If not, do the ESTA people verify the applicant relative to any potential immigration procedure? If they (US immigration) know ahead of time that an ESTA applicant is the subject of an immigration process, refusing entry without extenuating circumstances seems highly improbable.

[Neonred 3,664]

I have asked this same exact question to the USCIS they informed me many different occasions ( I asked everytime I called) that we technically COULD try it however if she was denied for ANY reason her I-130 would be automatically rejected as well , and she would basically be black listed from entering the USA EVER

Another case of incorrect information.

[Chris & Trinh 15]

Here's my take on this. The tourist visa application takes 20 minutes to fill out and costs $160. This visa is soley based on the information in the application, requested documents and interview that last 5 minutes. There is no law that you can't apply for your spouse or you can't apply with an petition for an I-130 on file.

Apply for it! If denied you're only out $160 and it is a dry run for your CR-1 or K-1 interview. Don't lie; if they ask if you have an I-130 on file tell them and make sure your spouse is prepared to show why your they will leave the US once the visa is up.

I would like my wife and my new son to visit my family while we are waiting for the I-130 petition approval. I plan on applying on a tourist visa for the wife next month. If I get denied I'm out $160. I've lost more money on worse stuff than that and it will make me feel better having tried. I don't know why people on here keep saying You Can't Do That! when it's not illegal to try. I see it here a lot on the posts. The worst they can say is denied, have a nice day.

Does your son have his American citizenship? Birth abroad and all that? If so, it will make it that much harder for your wife to visit the US with him. They will say your husband is American, your son is American why would you go there, then return to Vietnam?

Not going to happen here in Vietnam.It's a high fraud country and MANY overstay their visa in the US. I Can tell you from first hand experience in almost the exact situation you are. However, like you said you will only be out $160, so might as well try. Let us know if it was successful.

[*Snowdrop* 604]

Because of huge USCIS backlogs our CR1 took over a year from application to completion - about 15 months altogether - I visited a lot during our application process.

I visited the US five times during those 15 months. My visits ranged from a long weekend to a couple of months. I always took the package of evidence of ties - letter from boss, ongoing flat lease, evidence of the CR1 application. I was never asked for anything more than proof of my return ticket and I always said I was visiting my husband.

There's always the chance that they don't believe you will return to the UK - if that happens you will be denied entry but that should have no effect at all on the CR1 process..... UNLESS... they catch you in a lie about your plans etc.

So as long as you're truthful the worst case scenario is you are denied entry.

The most likely outcome is no problem at all

You may face some extra questioning and/or you may get told that this visit is okay but no more until the visa comes through.

A lot will depend on your personal circumstances - how reliable a traveller have you been in the past, whether it looks as though you will definitely return after the trip and a little depends on the mood/experience of the border control officer you get on the day.

[Kate52 5]

USCIS refuses to allow me to visit. Since my husband has now moved all our household belongings back to the USA they will not let me through.

I am a stay at home mom so I don't work and we just sold our house and I am staying with family and therefore do not have a lease. Our friend's spouse who is going through the same process gets grilled each time she crosses. She has been pulled in many times and MUST keep showing at minimum 2 pay stubs and all her other bank info, where she lives etc.

I filed in April so I have at least another 7 months if things keep progressing this slowly. Nice to know that I am being penalized because I chose to stay at home and look after my children. Honestly, anyone of those people who show proof of employment could quit just as easily and remain in the USA. Again, married 20+ years 2 kids both US citizens.

[Rabab-Hussein 4]

Hi all,

Ok so my wife spoke to an immigration lawyer today for some advise, we have already filed form I-130 and received the notice/receipt.

She did ask weather I would be able to come into the USA on a VWP (Visa waiver program / standard tourist visa which allows a a tourist up to to 90 days to remain in the USA) and he replied and was adamant to say that I should not do that as it could delay / mess up the I-130 process! I have however asked on the forum before and others have stated that they did do so and had no problems.

So my question is has anybody had any problems with this? Of course having a return flight ticket already booked and ties that show your 'need' to return back home is a given.

Thanks in advance,

Darcy

Lawyers are no help theyre useless. My husband wanted a lawyer cause he wanted to stay on the safe side of everything being perfect, all they do is take money and dont help as much. You can travel on a vwp as long as you return to ur country

[Hotter Otter 1,211]

Exocet has it right: these lawyers aren't stupid or incompetent, they're just being lawyers. Imagine the lawsuit if an immigration lawyer told a client that it would "probably be OK" and something terrible happened! Lawyers can't traffic in "probably" and "usually."

I have a question about the ESTA: having never done one myself (US citizen), I'd like to know if there are questions about immigration status on the online form. Specifically, do they ask if the applicant is involved in a legal immigration process? If not, do the ESTA people verify the applicant relative to any potential immigration procedure? If they (US immigration) know ahead of time that an ESTA applicant is the subject of an immigration process, refusing entry without extenuating circumstances seems highly improbable.

The form doesn't ask if you are currently involved in an immigration process, the questions are mainly about any criminal history you might have plus have you been denied entry before.

[NikLR 13,232]

I have asked this same exact question to the USCIS they informed me many different occasions ( I asked everytime I called) that we technically COULD try it however if she was denied for ANY reason her I-130 would be automatically rejected as well , and she would basically be black listed from entering the USA EVER

Asking the USCIS is pointless. They have no control over who enters the borders. That is the CBP. Not to mention this is so wrong it hurts my brain. Unless your wife had another reason she couldn't enter the USA, like an overstay, the two are not connected in any way, shape, or form.

[Darcy Grey 1]

Hi Darcy

I have the same case!! My PD is 9 jan 2014!! My lawyer told me not to apply for a tourist visa as it would mess the status. Mine one is too a reputed immigration lawyer. he said the process would take 10 months and hence i should wait and not rush for visitors visa. i even posted the same question on lawfaq.com and every single US lawyer asked me not to apply for visitors visa as it would delay the entire process.

Hey man!

No way that's so interesting thank you for your response. It's good to get the other side of the story and relieving to know that someone else out there is experiencing this.

Can anyone with a background in immigration (law/have studied) shed any light into why lawers are warning against this? As clearly it seems that 99.9% of the VJ community have had no issues and these are all real life experiences and not a 'case'.

Thank you!

[*Snowdrop* 604]

I don't know, but having been on this board for seven years now I have heard so many stories of lawyers giving bad or false advice on every single step of the immigration process. Not just the visiting issue.

I suspect that a lot of lawyers offer immigration forms help but are not immigration specialists so give questions like visiting their 'best guess' or maybe they have had one client who couldn't visit and have made an assumption that it's like that for everyone.