Entering the US while I-130 approved

[Gambiman 0]

Hi all,

The topic of entering the US while I-130 is approved has been discussed before, however I did not find anything giving the attitude to have in front of Border Police when trying to enter with I-130 approved.

Here is the thing:

I won the DV lottery in FY 2014, got offered a job and moved to the US. We got married with my wife AFTER the visa issuance(first mistake) so we had to go through F2A consular processing. When I first came here my wife entered with the VWP. We passed together(second mistake) in front of the officer and of course red flag (me LPR and her tourist) so they took us in the office and asked us a bunch of questions. Finally the officer understood that our intent was not to do anything illegal so he let her enter (btw he told us it was because he was in a good mood, and if it were one of his colleague in a bad mood he could have sent her back. It is totally dependent on the good will of the officer).

We filled for I-130 and got approved while she was here. After her 3 months stay (she did not overtstay) she went back home in France waiting for the PD to become current. She wants to try and visit me under the VWP again (it will be 10 month since she last left). She found a job in France in the meantime and can support herself. I read here as well that apparently the officers at the border do not have the information that an I-130 case is ongoing. She surely doesn't have the intention to overstay her VWP as this would just bring problems to the I-130 case, but if she can stay 3 months here legally then why not right?

My questions are:

- Is the fact that they don't know if an I-130 was filled true? In that case, she would just need not to mention it at inspection unless they precisly ask about it.

- Does the fact that last time she entered the US(with me) we were taken in "the room" for further questionning be some kind of red flag for the officer? Do they even know about it now because in the end it turned out fine.

- Do they now know that we are married? And in that case would they ask about a possible I-130?

Basically what should she tell the officer? What should be her attitude? Should she say she is visiting me her husband working in the US or just visiting a friend? If she says she is visiting her husband they will probably ask her more question. She will bring proof of work, proof of residence, bank account statement, return ticket etc... But if this can be avoided..

If anyone was in this situation and succesfuly entered the US with an approved I-130 a feedback would be appreciated

Thank you !

[Manent modest 5]

Hi gambiman iam actually french and my husband is an LPR iam under f2a. When i met my husband he was already an LPR we got married in 2010 but knew each other since 2008 today we have 2 kids. We started this process july 2014 iam actually current now waiting for interview.

All this to say i been travelling in us while i was under process and working in France. It happened i went thru their office once or 2 at the airport ( at the beginning) but not after i allways clearly explain my situation at the officer and it was okay. It s not illegal she have esta visa for a peroid of 2 years which allowed 3 months maximum stay.

Hope this help...

[Gambiman 0]

Thank you!

How many times did you travel to the US while you were waiting for the PD to become current? For me it is logical as well that since you have a case ongoing that you will not overstay your visa. It's like shooting yourself in the foot right? But apparently the officer at the border tolds us to not do it, unless being able to provide solid proof that she will not overstay. So you would recommend saying she is coming to visit her husband? Did you bring it up the first time or did they ask you the question about the I-130?

Merci pour la réponse

[Gambiman 0]

Thank you!

How many times did you travel to the US while you were waiting for the PD to become current? For me it is logical as well that since you have a case ongoing that you will not overstay your visa. It's like shooting yourself in the foot right? But apparently the officer at the border tolds us to not do it, unless being able to provide solid proof that she will not overstay. So you would recommend saying she is coming to visit her husband? Did you bring it up the first time or did they ask you the question about the I-130?

Congrats on the PD becoming current!

Merci pour la réponse

[Manent modest 5]

Sorry I didn't be notify of your message.

So I went 4 times but my husband came too .... They never asked me proof but in case I did have proof with me about my works (contract ) and I always have my kids id in my wallet I could use too to say that I never plan to abandon my kids and 10 days it s already too much. But I allways went for short stay 10 days wAs the max but my husband him came for a month or 2 weeks... We have kids on top of job so it s very difficult.

You allways have to say the true to the officer yes she came to see you while you process it s on and she don't plan to overstay they have the adress where she attend to stay so.... She can explain your plan that s all if you have work proof or anything can proof your good faith...

[April21 0]

Hello VJ,

I am a child of LPR and I fall under F2A category. My Priority date is June 09, 2015, which is likely to become current in November 2016.

I may be eligible for Adjustment of Status in January 2016 under the new filing system, but also I will be turning 21 in April 2016. If I file for adjustment of status under F2A in Jan 2016 and convert to F2B in April 2016, do I still qualify for adjustment of status, and can I continue to live in the US until my priority date becomes current in the F2B category?

I need to clarify my doubt to determine whether I should continue with the consular processing or file for adjustment of status.

Thank you.