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

[geowrian 22,337]

3 hours ago, Pat Stubbs said:

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? 

It's not fraud to visit....many people visit during the process. You cannot stay / adjust status. They may assume you intend to stay with a USC spouse and deny you entry. It's not common from the UK, but can happen. There's a thread here covering this already:

 

 

[Boiler 45,541]

3 hours ago, Pat Stubbs said:

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? 

Harsh and untrue.

[SusieQQQ 11,586]

2 hours ago, Boiler said:

Harsh and untrue.

Indeed. I visited the US a couple of times after submitting my DS260 and waiting for my immigrant visa interview, on a B1/B2 visa. I had no intent to immigrate on either of those individual visits, hence using the B visa was fine, even though I had a longer term intent to immigrate.

[Wuozopo 4,293]

On 10/14/2017 at 8:05 AM, 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?

She could apply for a B1/B2 visitor visa which would give her 6 months instead of 90 days. Bad idea however because those tend to be denied in London when she could easily go on ESTA. Once she has been denied  a visa, she loses VWP privileges. Not worth losing 90 days on the hope of getting 180 days when many have been told No before.

[Nitas_man 3,100]

On October 14, 2017 at 5:32 PM, 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?

ESTA is a huge advantage over the majority of filers on this site.  Most of us waited apart for 8-9 months or had to travel overseas for conjugal visits (LOL)

[Nitas_man 3,100]

On October 15, 2017 at 4:27 AM, Boiler said:

Harsh and untrue.

Wow that is untrue..  

Always a chance of being turned back at entry but does not affect the overall process.

[mcras 9]

I have just been reading over this post...just wanted to say.. I have visited the USA 4 times since our I-130 has been sat on a desk collecting dust in an office somewhere since April😜 

 

I have visited the USA on the ESTA each and every time I go over to visited even before the application went in i always had the thought that they could just turn me away because they can!! I felt like a criminal stood there being questions....why are you here? How long you staying? What's back at home for you? Ect... Even more so once I was married as I became a high risk of not leaving. I couldn't risk getting the ban they can enforce... and knowing my luck they would definatly make an example of me 😂  Not once did i encounter a problem visiting on a ESTA they even say welcome back. 

As long as you have the correct visa then you can visit. Do this all properly.

 

A year or so of stress to get where you want to be is better than trying to cut corners and losing it all. You'll look back eventually when your sat there together chatting about the weather and realise that you made it and how far you've came!!