Can you travel to visit while i-130 is pending? URGENT

[Ryan H 3,834]

If you have an immigrant visa pending, then it is a violation of your tourist visa to travel using the tourist visa because a condition of this visa is you have no intention of moving to the U.S. however, the decision is ultimately by the immigration officer at your point of entry. They can choose to admit you or choose to deny you entry and you will not know until you arrive. Traveling is a risk because if they accuse you of violating your visa then it can cause loads of problems with your I-130. That is a risk you need to decide if you are willing to take. Also, it is not possible to expedite your I-130 for medical reasons.

The sections of the post above in bold and red is grossly incorrect.

• It is not a violating to use a valid tourist visa to enter the US with an I-130 pending provided that the holder is using it for its intended purpose and not as an end run around the spousal visa process.
• An expedite request under "extreme emergent situation" can be made; however, it's up to USCIS to grant the request. While the odds of a request may not be high, to say it's not possible is just plain wrong.

[NewOrleansJerry 12]

Hi,

My wife went through I-130 / IR1 process. During those two years, she also had a US tourist visa (the embassy granted her one for 5 years when she interviewed for the tourist visa with them). She traveled back and forth on the tourist visa twice for a total period of 4 months while we were waiting for the I-130 to be approved.

Yours truly,

Jerry

[jostjost16 1]

it all depends on the reason like she gor, her husband is in the ICU, i dont think shell stil need tourist visa just to visit her ill husband, all she needs ask for request for expedite since she has already filed for her I-130, ask any of your husbands' relatives there in the USA to work on the doctors' medical report on how ill ur husband is, address it to NVC, im sure ur hubby cant do all these papers to prepare coz hes ill right, hope and pray fo your husbands'faat recovery , just try to make a written request for expedite im sure nvc will grant it but still u must still complete the requirements for medical and interview, i havent through with my expedited process coz even nvc call it expedite granted, embassy still asked me docs that already submitted before so no choice than to redo;()! prayers for u my friend;)!

[Daveadams33 7]

Having been said. We will request to expedite the process. even tho I could take the risk and travel you never know what type of officer can you encounter and if they deny my entry it might cause problems with my pending 1-130 and the less thing I want right now is to dely our process. Damn it sucks, I just wanna be with my husband but guess we will take the expedite option better to play safe. Thank you all very much. your advices were indeed more than helpful!!!!

[Darnell 8,479]

The sections of the post above in bold and red is grossly incorrect.

• It is not a violating to use a valid tourist visa to enter the US with an I-130 pending provided that the holder is using it for its intended purpose and not as an end run around the spousal visa process.
• An expedite request under "extreme emergent situation" can be made; however, it's up to USCIS to grant the request. While the odds of a request may not be high, to say it's not possible is just plain wrong.

Further -

an I-130 in the adjudication queue, not yet approved,

does not connote a pending immigrant visa

What does? IV Fee paid at NVC, at a minimum. What happened prior? I-130 approved, Consular Casefile # Assigned, Consular Casefile OPENED for Document Intake. Just having an I-130 sitting at USCIS waiting to be adjudicated is no 'pending visa status' at all.

To the best of my knowledge, CBP at the POE doesn't see pending I-130s in their system, but they DO see pending Immigrant Visa application status in their system.

*Nota.Bene.: I am not a Lawyer, Nor Do I play one on TV.

[mallafri76 1,012]

To the best of my knowledge, CBP at the POE doesn't see pending I-130s in their system, but they DO see pending Immigrant Visa application status in their system.

*Nota.Bene.: I am not a Lawyer, Nor Do I play one on TV.

In November, I did my usual quarterly trip to the US to visit my husband, this time with a pending I-130. After being cleared at immigrations, I asked to speak to a supervisor who confirmed that it is entirely legal to visit the US during a pending immigration case as long as your reasons for travel met the documentation you're travelling on. E.g in my case, I travel under the visa waiver program, which means I am allowed to come as a tourist, even during the immigration process, as long as I leave the US within 90 days.

The CBP supervisor also confirmed that CBP DO NOT have access to USCIS' system and cannot see if someone has filed an I-130, just like Darnell said.

OP, if you have a tourist visa and your intent is to visit your husband for a short time and then return home, I say go... Hope your husband gets better soon.

Edited January 13, 2015 by mallafri76

[scg1005 1]

mallafri76 - Thanks for your note - I am glad you asked the CBP supervisor for confirmation, as this seems to be a frequent concern expressed by many travelers, including myself. Even my lawyer said it would be a "low chance of success, regardless of the evidence of return travel".

Has anyone else successfully entered the U.S. on a tourist visa for a brief pleasure trip while the I-130 or I-129F were under process? Thank you!

[jostjost16 1]

no harm trying,, a lot of advice from experiences for those who tried,,, but if i were u i am sure uscis gonna listen to your plea,, a request to expedite your I-130, its not pending its just waiting for the time,,, with those complete doctors'certification of how ill ur husband is, explain them with black and white why u need an URGENT processing, no need of applying for tourist still the same becoz u will still need the doctors'letter, ur personal formal letter of request, Gather all the evidence that can convince uscis to fast process ur case im sure they can understand more why u need it a fast action of processing;) God helps:)! just try and you will see,Hope for ur hubbys'recovery;)

[Molly&Akli 0]

My husband has a tourist visa, owns a home here, a rental property, a vehicle... he comea every six weeks for three weeks leave he has from work. He is always honest, saying he is coming to see his wife and will stay in his house. He always comes with a proof of employment and a return ticket prepurchased. Even since filing the i130, and despite his obvious ties here, we had no trouble with his coming to visit on his leave.

[scg1005 1]

Molly&Akli - That is incredible! I am hearing such positive news such as yours and others who are able to enter the US on a tourist visa for a brief trip while the I-130 is being processed. Just out of curiosity what is his port of entry? I know that shouldn't matter, but it would be great to know.

I am yet to come across a single person on these forums who said he/she was declined entry at the port of entry for trying to enter on a tourist visa while I-130 is under process. There sure are a lot of websites / lawyers claiming it is unlikely to work, but evidence seems to be the opposite.

[Imathomeostasis 2]

My wife had visited me 3-4 times during every stage of the process. Only once was she given a hard time, and that was because she mentioned working for her job (in the UK) from the US, they still let her through. Just bring a printout of your return flight and be honest about your visit. Make sure to also bring a lease you're on or something showing your ties to your current country.

[scg1005 1]

Just an update for anyone considering visiting the US on a Visitor's visa while waiting for greencard / spouse visa to be processed: My wife made it through Immigration yesterady on her Visitor's visa while our I-130 is under process by USCIS. She came for a short 4 week visit and plans to go back.

The officer asked: a) the purpose of the visit (to see family and friends), b) duration (4 weeks), and c) what do you do in your home country (she works, and she brought proof but wasnt asked for it). That's it. The thing that may have helped is that she visited US many times before we got married, so she had a track record of entering and leaving the country legally and on-time.

MORAL OF THE STORY: It is 100% possible to visit the US on a visitor's visa as long as your intent is not to migrate. Just be honest about the purpose of your visit, bring evidence (return ticket, and proof of employment if you have it, property documents, etc.) and you will be fine.