Visitor's visas for Intending immigrants

[sooperspryte 0]

My husband and I filed our I-130 through DCF and so of course we are now in no-man's land.

A friend's wedding is coming up in a few months and we would both like to go. I had thought we'd be living in the States by then, so it would be easy to go, but now who knows?

So I thought that even if we couldn't get the visa in time, we could just go back to the US for the wedding and a visit, but now I'm hearing that intending immigrants will be refused entry into the country if they try to come in on a visitor's visa.

How true or likely is this? Is there any way to prevent it?

Thanks!

[dbzman 0]

Hello sooperspryte,

I have been asking the same question. I have been told that it is OK to travel to the USA on a visitor’s visa as long as you do not stay past the 90 days and you have a round trip ticket; even if your I-130 is being processed.

Where did you hear that people would be turned back?

Thanks!

[Kimberley+Dave 0]

Hi,

We submitted our I-130 last July and it was approved in October. We did go home for 10 days at Thanksgiving, Dave just used the Visa Waiver Program as he used to in the past. We did ensure that we had a copy of our return ticket with us going through passport control to prove that Dave was intending to go back to the UK after our visit. We didn't get questioned (entered via Boston).

I found this info on US London Embassy's website

Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?

If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé (e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

Hope this helps.

[john_and_marlene 162]

http://www.visajourney.com/forums/index.php?showtopic=53627

[John and Sonya 0]

Hello sooperspryte,

I have been asking the same question. I have been told that it is OK to travel to the USA on a visitor’s visa as long as you do not stay past the 90 days and you have a round trip ticket; even if your I-130 is being processed.

Where did you hear that people would be turned back?

Thanks!

Read my post about B-2 visa while awaiting for immigrant visa, you will see that my wife got a multi-entry 5 year visa while we sit in no-man land. And also she is from Ukraine where its very tough for woman to get a tourist visa. And its not 90 days, she can stay upto 6 months at a time.

[meauxna 15]

Japan is a VWP country; 90 day maximum stay.

Bs are harder to get from VWP countries.

[sooperspryte 0]

Where did you hear that people would be turned back?

The first I heard of it was from the Tokyo Embassy. I asked if it made sense for us to just go to the US and then apply for a change of visa status from there.

"You may also like to consider that your husband who is an intending

immigrant may be denied entry to the United States if he is trying to

travel on the Visa Waiver Program or with a tourist visa."

But now that I know more, it sounds like they mean he might be denied entry if he can't prove or convince them that he's only doing it temporarily.