Visiting US whilst I-130 is in process?

[Silver12 9]

Dear all VJ users,

 

I am new to this site and am in need for some advice please

My husband (USC) and myself(British Citizen) have put in an application for I 130 which is in process and according to the VJ timeline this might be approved around end of August 20018 to begi8ning of September

 

My question is that I really want to go and visit him around mid June for about 10 days, would I be denied entry be denied entry by the customs officer? And can this have a bad effect on our petition?

 

I am not sure how true this is but I have heard that if the officers find out that you have a petition in process they will deny you entry and can even possibly ban you coming for ten years or until your petition gets approved? - If this is the case then  I really don't want to risk this and would rather wait - though its terribly hard.

 

I have previously been to U.S twice (6 weeks and on second visit 10 days) on ESTA but this was before us putting the form I 130.

 

[shumway1756 304]

Lots of people visit successfully on ESTA even with a pending I-130 application. You would need to present convincing evidence to the customs officer that your visit is indeed temporary, as the existence of an I-130 does show "immigrant intent". So be prepared to show return tickets, your UK employment status, etc. to establish that you don't intend on immigrating during this particular trip.

 

Of course, it is the officer's discretion. I've read lots of VJ posts on this subject and I've seen successful entries, and some denied entry by withdrawing their application (meaning you aren't banned, you just get get denied and sent home without entering and without penalty). Those who have actually been banned almost always did something stupid like lying to the customs officer, which can definitely make that happen.

 

Also checkout this posting which has some useful info: http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/

 

Edited May 2, 2018 by shumway88

[DmytriiD 186]

I visited the US multiple times while I130 is pending.
I even asked border officer if they can see I am currently processing for other type of visa. They said no, they can not see this information.
So, be open, be honest and you will not get any problems. 

[OET 17]

My wife is the U.S Citizen and I am British, our I-130 is currently being process. We had previously applied for an I-129 but withdrew the application as my wife wished to join me in Cyprus for my last year so the i-130 was the more appropriate route. (currently working here for one year). 

 

I travelled to the U.S approx five times last year whilst the I-129 was being processed and then when we got married in Oct 17 in North Carolina. I had a few questions the first time I visited but no problems any other time. However, I was prepared I had my employment contact, letter from my employer stating I was required to return to work,  copies of my property lease and car insurance e.t.c. In short lots of evidence showing I was going to leave the U.S. 

 

As long as you can show you have every intention of returning to the UK, you should have no problems.  Have a good trip. 

[Silver12 9]

Thank you all so much for the advice and info- really appreciate this!!

 

The only evidence I can provide would be a return ticket, and my work ID card.. not sure if this would be sufficient.

I live with my parents so don't have any property lease or car insurance.

 

 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[geowrian 22,337]

17 hours ago, Silver12 said:

The only evidence I can provide would be a return ticket, and my work ID card.. not sure if this would be sufficient.

I live with my parents so don't have any property lease or car insurance.

A return/onward ticket is required for VWP entry anyway. The carrier shouldn't even provide boarding passes without one (they're liable for return travel if they fail to properly ensure a traveler is eligible to apply for admission to the country and is denied entry).

What about a letter from your work stating when you started and when they expect you back?

 

Your UK passport will be the strongest evidence of intent to return home (low fraud), but anything else you have is always beneficial to bring just in case they ask

Enjoy your visit.

Edited May 3, 2018 by geowrian

[JFH 12,190]

On 5/2/2018 at 1:27 AM, Silver12 said:

Dear all VJ users,

 

I am new to this site and am in need for some advice please

My husband (USC) and myself(British Citizen) have put in an application for I 130 which is in process and according to the VJ timeline this might be approved around end of August 20018 to begi8ning of September

 

My question is that I really want to go and visit him around mid June for about 10 days, would I be denied entry be denied entry by the customs officer? And can this have a bad effect on our petition?

 

I am not sure how true this is but I have heard that if the officers find out that you have a petition in process they will deny you entry and can even possibly ban you coming for ten years or until your petition gets approved? - If this is the case then  I really don't want to risk this and would rather wait - though its terribly hard.

 

I have previously been to U.S twice (6 weeks and on second visit 10 days) on ESTA but this was before us putting the form I 130.

 

I think you mean denied entry by CBP, not customs. Customs are concerned with the items you are bringing and ensuring that nothing illegal or dangerous gets into the country such as drugs or insects. 

 

Of course you can visit. No entry is ever guaranteed to anyone except USCs but statistically speaking you are very unlikely to be denied and unless you have done something that makes you inadmissible you won't be banned. I visited over 40 times on the VWP from the U.K. before I moved, including twice during the I-130 processing. I wasn't even taken into secondary. As always, answer all questions truthfully, never volunteer information that was not asked, carry evidence of ties to the U.K. and your planned return (your ticket and itinerary, letter from your employer regarding your return date to work, lease, car payments, etc) and you should face no issues whatsoever.

 

There are a lot of horror stories on the internet. For every story of someone being refused, there are thousands who are admitted just fine. 

Edited May 3, 2018 by JFH

[JFH 12,190]

On 5/2/2018 at 2:19 AM, DmytriiD said:

I visited the US multiple times while I130 is pending.
I even asked border officer if they can see I am currently processing for other type of visa. They said no, they can not see this information.
So, be open, be honest and you will not get any problems. 

Previously they couldn't because the passport number of the beneficiary was not required for the I-130. The "system" only knew who you were when you got the NVC stage and provided the passport copy. But the new version of the I-130 that has been around for a year or so now asks for the beneficiary's passport number. There's a reason for that...

[Silver12 9]

On 03/05/2018 at 1:48 AM, Ryan H said:

Moved from Progress Reports to Process & Procedures.

Dear JFH and Geowrian, 

 

Thank you ever so much for the useful information!

 

My only question is that when I visited the states for the first time around May last year my ticket was initially booked for one month but due to a family wedding coming up I changed my ticket to stay for another 2 weeks. Would this make me look unreliable that if i extended my ticket last time they might think I might do the same this time and not let me in at the POE? Do they have access to that information? As when they first asked how long i am here for I said four weeks, do they make a note of this on the system?

 

On the other hand though I did visit USA again in december 2017 but went to another state and stayed for 10 days though that time they did not refer to my last visit and how long i was there. SO I have only been to usa twice on ESTA

 

any advice and info would be highly apprciated!

[geowrian 22,337]

16 hours ago, Silver12 said:

My only question is that when I visited the states for the first time around May last year my ticket was initially booked for one month but due to a family wedding coming up I changed my ticket to stay for another 2 weeks. Would this make me look unreliable that if i extended my ticket last time they might think I might do the same this time and not let me in at the POE? Do they have access to that information? As when they first asked how long i am here for I said four weeks, do they make a note of this on the system?

They will know when you entered and left. They may or may not have noted if you said a shorter time at POE then decided to extend it. Either way, an extra 2 weeks on a scheduled month trip doesn't jump out at me as something they will care about IMO.

[Bethany123 56]

I went back and forth a few times during the process. I made sure that I had my i-130 receipts and proof that I'm in the process, as well as my return flight information. Good luck! 

[Silver12 9]

Thanks for your advice Bethany123,

 

May I ask, did you get a lot questions at POE as you why you are visiting and how long you are staying? Or was it just a smooth entry? 

 

Thanks once again!

[Silver12 9]

Hi everyone,

 

I was just doing a bit of research and I came across this website: https://www.avvo.com/legal-answers/can-i-stay-in-usa-while-my-i-130-is-processing--3188703.html

 

Not sure how accurate this information is but it just got worried me after I read the info below:

 

1. 'You should avoid travel to the U.S. if you are the beneficiary of a pending Form I-130 filed by a spouse. You rush being found to be an intending immigrant and denied entry. You could also be subject to expedited removal proceedings, which will complicate your return.'
2.  
3. 'Like my colleagues have explained, your entry could be interpreted as fraudulent intent to stay, which you are not allowed to do with your ESTA. Because of this, CBP may not even allow you to enter, even with valid tourist visa or ESTA. You can only move to the US after your visa has been processed'

 

That was posted by one of the attorneys and this is also not an old post its from 2017  ... this is so worrying ... if I can't go as my husband also can't come here due to his new job and not having nay leave so our only option was for me to go and visit for about 2 weeks. 

 

 

[geowrian 22,337]

They aren't technically wrong. You absolutely can be denied entry, or even (very rarely) issued an expedited deportation. But at the the same time, the vast majority of travelers in those situations won't have any issue. The pending (or an approved) I-130 alone is very unlikely to be a cause of being denied entry...it just raises the bar slightly higher - if even questioned about it - to show that you intend to return home. All visitors should always carry evidence of their ties to return home anyway.