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RussAndMel

Can my UK wife travel to the US while I-130 is processed?

By RussAndMel in Working & Traveling During US Immigration

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RussAndMel Rookie

RussAndMel   2

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Filed: IR-1/CR-1 Visa Country: United Kingdom
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Our U.S. home is California. I'm retired Air Force currently residing with my UK wife on visitor status in the UK while we work on her visa. Submitted I-130 to Chicago lockbox on Oct 3, 2017.

 

We have a unique situation as she once was a green card holder from 1969 to 1981 but returned to the UK for a visit and ended up staying. We reconnected 11/2015 and married 05/2017. My visitor status here expires Jan 10, 2018. We plan to return to the U.S. at that time. Is she allowed into the U.S. while her I-130 is being processed? Do I have to apply for or submit anything else for that to be allowed and to where? 

 

Side note: (She actually already has a SSN and we have secured her permanent DoD dependent ID Card with full privileges and is signed up for medical and dental.)

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Boiler Grand Master

Boiler   45,541

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Filed: K-1 Visa Country: Wales
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She should be able to visit. Presumably she has an approved ESTA.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,541

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Filed: K-1 Visa Country: Wales
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No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TBoneTX Grand Master

TBoneTX   45,319

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from K-3 Process forum to the Working & Traveling forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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RussAndMel Rookie

RussAndMel   2

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Filed: IR-1/CR-1 Visa Country: United Kingdom
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Posted

Let me try my question again because I don't think I've been clear enough in what I'm trying to determine. When we go back to the US, does the fact that my wife has an I-130 in the pipeline allow her to enter the country and stay while the processing is taking place (outside the fact that she has a valid ESTA). Is there anything that can be done or applied for to allow that to happen?

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Boiler Grand Master

Boiler   45,541

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Filed: K-1 Visa Country: Wales
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No and No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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RussAndMel Rookie

RussAndMel   2

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Filed: IR-1/CR-1 Visa Country: United Kingdom
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So then are you saying that there is NO way for her to be in the US (other than 90 day ESTA) during the visa process? What might I have read in these forums that would have given me the idea that it was possibility?

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Boiler Grand Master

Boiler   45,541

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Filed: K-1 Visa Country: Wales
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You tell us.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,894

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
1 hour ago, RussAndMel said:

So then are you saying that there is NO way for her to be in the US (other than 90 day ESTA) during the visa process? What might I have read in these forums that would have given me the idea that it was possibility?

Your wife can visit during the process (if allowed to enter by CBP officer).  She can not remain beyond her authorized ESTA visit.  If she visits too long or too frequently, she could be denied entry.  No one knows the definition of "too long".

She is not allowed to remain for the entire process.  She will have to return to her country at the end of her visit and for her interview.......

Good luck from one USAF retiree to another!!!

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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*Snowdrop* Proficient

*Snowdrop*   604

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
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Posted

She can visit while the process continues. She cannot move over and simply wait it out. 

 

She can be denied entry at any time if it looks as though she is trying to live in the USA on her visitor's status - for example people have tried leaving to Canada for a few days and coming back hoping for another 90-day stay. 

 

If you are both retired and financially stable you could have her come over to the US and stay for just under the 90 days. Then you both go back to the UK and (as long as the UK authorities don't think you are also trying to live in the UK on a visitor visa) you spend another six months in the UK. 

 

Or you do some traveling in Europe in between trips etc. 

 

That way you don't have to be apart during the process. Just make sure you both have someone reliable to get your mail in both countries so that you don't miss any important correspondence from USCIS or the Embassy.

 

 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
5 hours ago, RussAndMel said:

So then are you saying that there is NO way for her to be in the US (other than 90 day ESTA) during the visa process? What might I have read in these forums that would have given me the idea that it was possibility?

Correct. We don't know what you read, but a visitor must exit before their I-94 expires.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Pat Stubbs Explorer

Pat Stubbs   10

Posted
Filed: F-2A Visa Country: England
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Posted (edited)
8 hours ago, RussAndMel said:

Let me try my question again because I don't think I've been clear enough in what I'm trying to determine. When we go back to the US, does the fact that my wife has an I-130 in the pipeline allow her to enter the country and stay while the processing is taking place (outside the fact that she has a valid ESTA). Is there anything that can be done or applied for to allow that to happen?

I have an I 130 in progress. I also have a current B1/B2 visa. I have asked 3 different immigration lawyers if I can visit on my B1/B2 whilst my I 130 is being processed? They all said no. They stated that if I declared that I was entering as a visitor it could be deemed as visa fraud because I have already expressed an intent to immigrate. It seems harsh doesn't it? 

Edited by Pat Stubbs
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