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balkanboy

Entering US on tourist visa while I-130 is in process

By balkanboy in Tourist Visas

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balkanboy Apprentice

balkanboy   7

Posted
Timeline
Posted

Hello All,

 

I am a US citizen and my wife is going to visit me soon using B1/B2 visa valid for 10 years.

In the past, she entered the USA more than 5 times and never overstayed the date on the stamp.

You will find details about I-130 in my timeline.

She has return ticket and is planning to stay with me for 3 months. After 3 months, she is going back, because of US consular processing.

 

Here is the question:

 

What are the chances of her not being admitted to the USA?

 

The reason I am asking this question is the actual situation:

 

She is entering the USA with B1/B2 visa that assumes no immigrant intent.

She is married to the USA citizen who filed I-130, which is immigrant visa.

 

When immigration officer at POE finds that she is married and applied for immigrant visa, does it mean she will not be admitted to enter the country?

 

Please comment.

 

Regards,

 

Balkanboy

car0593 Enthusiast

car0593   42

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

it doesn't mean she CAN't be admitted... she just has to show strong ties that will prove that her intent is to go back.. I would tell her to take all her NOA's so she can show IF she even gets asked. 

 

My aunt had no problem traveling back and forth here with her turist visa while her I 130 was pending ( her mother is a USC and had petitioned for her) it took over 8 years but she is now living her and is finally a LPR.. it all dependends on the officer

***CURRENT STATUS: US CITIZEN***

N-400 Naturalization Filed in the Texas LockBox (GC Date of 08/05/13)

00 Days- 05/09/16 Package Sent

01 Days- 05/10/16 Package Delivered

***PRIORITY DATE OF 05/10/16***

10 Days- 05/19/16 Received NOA

17 Days- 05/26/16 Received Biometrics Letter For 06/06/16

18 Days- 05/27/16 Biometrics Walk-in

***TRAVEL ABROAD FROM 06/15-06/30***

57 Days- 07/05/16 In Line For Interview :)

64 Days- 07/11/16 Interview Letter Mailed with a Scheduled date of 08/18/16

102 Days- 08/18/16 Interview (L) "Recommended For Approval"

106 Days- 08/22/16 In-Line for Oath :dancing:

117 Days- 09/02/16 Oath Ceremony (L) Officially a US CITIZEN.

121 Days- 09/06/16 Sent EXPEDITE passport application :dancing:

129 Days- 09/14/16 Received Passport :)

I-751 REMOVAL OF CONDITIONS FILED IN THE CALIFORNIA SERVICE CENTER (GC EXPIRATION DATE OF 08/05/15)

00 Days- 05/07/15 Package Sent

01 Days- 05/08/15 Package Delivered

***PRIORITY DATE OF 05/07/15 Even Tho Package Was Delivered On 05/08/15***

19 Days- 05/26/15 Received NOA

40 Days- 06/16/15 Biometrics Done

42 Days- 06/18/15 Stamp On Passport I-551 (evidence of permanent residency for 1 year with expiration date of 06/17/16)

181 Days- 11/04/15 Approved VIA Text Message 8:30 PM Eastern Time!

186 Days- 11/09/15 Approval letter came in from Charleston, SC office!

189 Days- 11/13/15 Greencard Arrived (L)

AOS, I-765, I-130 ADJUSTING THROUGH MARRIAGE (CURRENT IMMIGRATION STATUS: DACA, But came legally with Turist Visa)
00 Days- 05/14/13 Package Sent

01 Days- 05/15/13 Priority Date
08 Days- 05/22/13 Received NOA
14 Days- 05/28/13 Received Biometrics Letter For 06/12/13
16 Days- 05/30/13 Biometrics Walk-in:

36 Days- 06/19/13 Interview & Scheduling

49 Days- 07/02/13 USCIS Online Notification (interview Scheduled For 08/05/13)

63 Days- 07/16/13 EAD APPROVED good.gif

71 Days- 07/24/13 EAD Received

84 Days- 08/05/13 INTERVIEW!!!!!dancin5hr.gif

84 Days- 08/05/13 APPROVED ON THE SPOT BABY!

 

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

All depends on the CBP officer she encounters at the airport. Ultimately it is that officer's decision whether she is admitted or not. I entered over 40 times before I emigrated, including twice during the I-130 process (but I was VWP eligible). No entry is ever guaranteed, except for USCs. 

 

All she can do is hope for the best and be truthful, just the same as any other entry. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

SusieQQQ Grand Master

SusieQQQ   11,587

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
1 hour ago, balkanboy said:

Hello All,

 

I am a US citizen and my wife is going to visit me soon using B1/B2 visa valid for 10 years.

In the past, she entered the USA more than 5 times and never overstayed the date on the stamp.

You will find details about I-130 in my timeline.

She has return ticket and is planning to stay with me for 3 months. After 3 months, she is going back, because of US consular processing.

 

Here is the question:

 

What are the chances of her not being admitted to the USA?

 

The reason I am asking this question is the actual situation:

 

She is entering the USA with B1/B2 visa that assumes no immigrant intent.

She is married to the USA citizen who filed I-130, which is immigrant visa.

 

When immigration officer at POE finds that she is married and applied for immigrant visa, does it mean she will not be admitted to enter the country?

 

Please comment.

 

Regards,

 

Balkanboy

I entered the US a number of times on a tourist visa - and even got it renewed (to another 10 year multiple entry one) on two different “immigrant intent” situations, first while my father had a F3 petition approved for me, and then after I submitted my DS form after DV selection. The only questions I actually got about immigrant intent were at the interview when I renewed my tourist visa. Basically there is a difference between ultimate immigrant intent and what you plan to do “on this visit”. If she can show them that she will return after each visit (proof of ties to home country - letter from employer, own home or rental contract etc) she should be ok, nothing is guaranteed though. Staying with your for 3 months may count against her, it’s quite a long time to be away from home and doesn’t show compelling ties.

Edited by SusieQQQ
  • 3 weeks later...
 
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