Travel Restrictions with a Pending I-130

[Eaglo 0]

I applied for a CR-1 for my wife and the I-130 is currently being processed.  Under what conditions can she travel to the United States?  Some background:  She is a citizen of Italy; the I-130 was received in February, 2017.

 

Thanks for the help.

[ASMS 86]

You can start by reading this post:

It has good information about what you are asking.

She can travel to the U.S, but if she is able to get in, is discretional of CBP, so they have the final decision.

It might help she traveling with all her documents, and proving enough ties to her home country.

Edited May 1, 2017 by ASMS

[bcking 3,157]

If she has a job and rents an apartment/owns proprety, bring evidence of both when travelling.

 

They will almost for sure be screened in "secondary". They will ask her questions, and she will need to demonstrate "ties" to Italy to prove she is going back. Even that may not be enough. 

 

Most likely she will get through, but she may not. She should be prepared for that. 

[Boiler 46,248]

She might be sent to Secondary, pretty unusual and nothing to suggest she would.

[bcking 3,157]

9 minutes ago, Boiler said:

She might be sent to Secondary, pretty unusual and nothing to suggest she would.

In our experience as soon as the primary person knows you are visiting a spouse they send you to Secondary. They didn't even ask my wife any questions, or ask for any evidence, before sending her to Secondary. They just said "They'll talk to you about it there".

[LaurenAndBrent 61]

I travelled to the US a few weeks ago for a 2 week visit and had zero problems at the airport. I went through pre clearance at Dublin airport and when asked what the purpose of my travel was I said I was visiting my husband for 2 weeks. Nothing about the i-130 even came up and I was allowed straight through, very few questions asked. I think it largely depends on what kind of CBP officer you get and MAYBE what stage of the process you're at. I'm still sitting waiting at USCIS right now, but when I visit over the summer I should be at NVC and potentially then I may face a little more scrutiny. Not sure if "the system" will ever show my visa intentions. 

 

Long story short - lots of people travel into the states with very little issue. 

Edited May 1, 2017 by LaurenAndBrent

[bcking 3,157]

Just now, LaurenAndBrent said:

I travelled to the US a few weeks ago for a 2 week visit and had zero problems at the airport. I went through pre clearance at Dublin airport and when asked what the purpose of my travel was I said I was visiting my husband for 2 weeks. Nothing about the i-130 even came up and I was allowed straight through, very few questions asked. I think it largely depends on what kind of CBP you get and MAYBE what stage of the process you're at. I'm still sitting waiting at USCIS right now, but when I visit over the summer I should be at NVC and potentially then I may face a little more scrutiny. Not sure if "the system" will ever show my visa intentions. 

 

Long story short - lots of people travel into the states with very little issue. 

Wow we had the exact opposite experience with Dublin. We went through there because we thought it would be nicer to be "prescreened" before the flight.

 

That was where the "primary" person behind the window said literally nothing and sent us immediately to secondary. Then we were harassed individually for about an hour. Horrible experience (and ruined what was otherwise a nice 2 day stop over in Dublin).

[LaurenAndBrent 61]

1 minute ago, bcking said:

Wow we had the exact opposite experience with Dublin. We went through there because we thought it would be nicer to be "prescreened" before the flight.

 

That was where the "primary" person behind the window said literally nothing and sent us immediately to secondary. Then we were harassed individually for about an hour. Horrible experience (and ruined what was otherwise a nice 2 day stop over in Dublin).

Oh no!! That's terrible, how long ago was that?? I always fly via dublin (I live in northern Ireland) and I've never had any trouble there. That's a real shame you had such a bad experience

 

I reallllyyy hope that doesn't happen in the summer when I fly out again... I have basically zero ties to northern Ireland so that is worrying. 

[JessieABC 159]

My husband and I have been visiting each other on a monthly basis. He usually flies direct from Manchester but has also had connecting flights in Dublin. 

 

So far he's probably flown over three or four times within 7 months with no issues or additional screening.

 

if your wife has never been rejected at the border and has never overstayed, just bring proof of ties to Italy (e.g., lease, employment letter stating her expected return to work, home ownership , etc.) and she should be fine.

[bcking 3,157]

1 hour ago, LaurenAndBrent said:

Oh no!! That's terrible, how long ago was that?? I always fly via dublin (I live in northern Ireland) and I've never had any trouble there. That's a real shame you had such a bad experience

 

I reallllyyy hope that doesn't happen in the summer when I fly out again... I have basically zero ties to northern Ireland so that is worrying. 

That was back in September.

 

We were flying together, which is the only significantly different thing I could say from most people's experience. We had just finished a 3 month trip in Indonesia, and she was coming with me to Texas for a few weeks.

 

The "primary" screening person literally asked zero questions, just took our passports. We tried to give him paperwork (apartment information, evidence of ties etc...) and he waved his hand and said "They deal with it in secondary". Then the office in secondary was a jacka**.

 

We have an n of 1 though, since my wife never tried visiting again after that. We don't have a great opinion of immigration officers.