Tips for Spouse Beneficiary entering US while I-130 is processing.

[Biabarida 7]

Hello,

 

We submitted our I-130 in March, and we have our NOA1. 

 

My wife is planning on visiting in a few days. We chose for the visit to be 10 weeks.

 

Currently she is unemployed but she has been accepted into a long term sub position (she is a teacher) starting in September.

 

This is a list of documents that she is bringing.

Round Trip plane ticket

Bank Statement of 7000 Euros

Translated acceptance of employment starting in Sep. 2018

Car Title + Insurance in her name

Proof of health insurance

Copy of NOA1

She has entered the US 5 times and left legally and has never overstayed. Last exit was in Sep. 2017 (before we were engaged or married)

 

She lives with her parents so there is no property or lease for her to use.

 

She is entering in Denver and taking a bus to Moab UT where I live. 

 

What advice does anyone have for what she should carry with her or say to CBP? It seems that their first question is going to be what is the purpose of her visit. I imagine that she should say "pleasure" instead of "going to visit my husband". 

 

Any advice, beyond "be truthful" which she absolutely will be, is appreciated.

[Crazy Cat 41,857]

I think she has some good evidence. Good luck!!

[*Snowdrop* 604]

That's a great list of evidence. 

 

I used to say I'm here for a vacation when visiting my boyfriend, and same when he became my fiance and then I visited him about 4 or 5 times while the spouse visa was processing and I wasn't always asked for purpose - sometimes the first question was "how long are you staying for" - so make sure she has a confident reply on a date about that. 

 

With a good history of legal visiting and a return ticket - she will probably not have to even use the rest of the evidence. And even if she gets pulled into secondary as long as she stays calm and is confident about her travel plans I think she should be fine. You can get a grumpy officer who seems a bit mean sometimes but it's not always about you! 

 

I used to visit every 2 months or so over a 3 year period before moving for good** - mostly 5 day to 2 week stays and had no hassle. For ten weeks they might be a little more curious but it should be fine. 

 

**(and yes Boiler, I had a job which really did let me have that much vacation time - vacation leave was one of my shocking wakeup calls about moving to the USA!)

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Biabarida 7]

Hey, I just want to update everyone and let you know that she got in. In the end we went for 85 days and they didn't even bat an eyelash or ask her any questions about being married.

[Mr.Jose 64]

2 hours ago, Biabarida said:

Hey, I just want to update everyone and let you know that she got in. In the end we went for 85 days and they didn't even bat an eyelash or ask her any questions about being married.

Good to hear. Thanks for the update.

[KapiDan 1]

On 12/04/2018 at 7:18 AM, Biabarida said:

Hey, I just want to update everyone and let you know that she got in. In the end we went for 85 days and they didn't even bat an eyelash or ask her any questions about being married.

Hi Biabarida,

 

Thanks for the update. Just one question, did she mention the reason as "Vacation" when asked or you suggest that I mention "Visiting spouse". I am traveling in June and my spouse has not yet submitted the petition. Thanks..

[Biabarida 7]

When she approached the Officer they asked her "Are you on vacation?" She said "yes",  and then he asked "until when" then stamped her passport.

[KapiDan 1]

5 minutes ago, Biabarida said:

When she approached the Officer they asked her "Are you on vacation?" She said "yes",  and then he asked "until when" then stamped her passport.

Thanks a lot

[Biabarida 7]

Hello everyone. I have an update on my wifes travel to and from the states while we wait for our NOA2.

 

After staying 85 days in the States in Utah she spent 7weeks in Spain. She returned to the States August 18th to stay for another 6 weeks before we head together back to Spain for the winter.

 

She flew direct from London Gatwick to Denver. Upon arrival at Customs in Denver she was sent to secondary inspections. When they asked her why she was traveling for a second time she explained that she was coming to visit me but was planning on leaving the country with me in mid October. She had all her paperwork for her finances,  the job that she does (substitute teacher) while coming and going from Spain, our NOA1, a car title and insurance in her name in Spain, even her dogs ownership identification from Spain. 

 

After a 10-15 minute conversation they let her through.

 

All these things were an attempt to provide enough evidence to overcome natural suspicions of the officer. In the end my wife said that the guy doing secondary inspections was more polite, professional, and understanding than the woman officer who initially sent her to secondary inspections. So don't give up hope just because you get sent to secondary. 

 

This whole process of visiting is a giant catch 22. You have to show enough documentation to prove that while YES you do plan on moving to the US, you have documents showing that you are an intending immigrant, NO you are not attempting to immigrate to the US on THIS visa. Having a translated work document was immensely helpful. Also my wife speaks English well, so that helped her interact with the officer. 

 

Also, we had an official bank statement, not a copy off the internet. That probably didn't hurt.

 

Good luck everyone! This system is bonkers, but visiting is possible.

 

 

[Eric-Pris 1,606]

15 minutes ago, Biabarida said:

This whole process of visiting is a giant catch 22. You have to show enough documentation to prove that while YES you do plan on moving to the US, you have documents showing that you are an intending immigrant, NO you are not attempting to immigrate to the US on THIS visa.

I always found that to be incredibly dumb also.  My wife had already gotten citizenship and we were considering bringing over her older kids (19 and 18), but we wanted them to come on a tourist visa first and see if they'd like it.  They really weren't crazy about moving here.  But they were curious.  

 

They were denied. After he told us his decision, I asked the IO if he knew that my wife (as USC) can file a 130 for them and they'd be in the US within a year legally, so why does he think that we would choose this route where they could never be legal?  He just had a stupid look on his face like the lightbulb went on.

 

I wish they would use common sense too, besides the law. 

 

In the OP's example, if he has a case pending and they want to see each other, why would they choose to throw all that away and have her stay illegally on a tourist visa where she could never be legal, never travel outside the US, etc.  That makes no sense, and is just dumb.

 

Edited September 12, 2018 by Eric-Pris

[Diachka 66]

On 4/7/2018 at 12:23 AM, Biabarida said:

Hello,

 

We submitted our I-130 in March, and we have our NOA1. 

 

My wife is planning on visiting in a few days. We chose for the visit to be 10 weeks.

 

Currently she is unemployed but she has been accepted into a long term sub position (she is a teacher) starting in September.

 

This is a list of documents that she is bringing.

Round Trip plane ticket

Bank Statement of 7000 Euros

Translated acceptance of employment starting in Sep. 2018

Car Title + Insurance in her name

Proof of health insurance

Copy of NOA1

She has entered the US 5 times and left legally and has never overstayed. Last exit was in Sep. 2017 (before we were engaged or married)

 

She lives with her parents so there is no property or lease for her to use.

 

She is entering in Denver and taking a bus to Moab UT where I live. 

 

What advice does anyone have for what she should carry with her or say to CBP? It seems that their first question is going to be what is the purpose of her visit. I imagine that she should say "pleasure" instead of "going to visit my husband". 

 

Any advice, beyond "be truthful" which she absolutely will be, is appreciated.

Thank you for sharing your experience. It's really helpful. I'm also thinking of visiting my spouse (the petitioner) in the USA for Thanksgiving, just for about a week or so. I have a valid visa but it's on my maiden name. Was it the same for your wife? Or in Spain they have some other traveling document? I'm just curious if I can visit with a visa on my old last name.