Jump to content
Silver12

Visiting US whilst I-130 is in process?

By Silver12 in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

18 posts in this topic

Recommended Posts

CJKylie Community Regular

CJKylie   161

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
On 5/15/2018 at 6:56 AM, Silver12 said:

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. 

 

 

Capture.PNG

The advice posted in the screenshot you posted is BS.  You can definitely continue to travel to the US. 

 

I travelled to the US around 5 times while my I-130 was processing.  Each time I carried proof of:

 

•pending I-130

•flat lease in uk

•job in uk

 

Was never asked for any of them :)

ROC Timeline

Service Center: California

90 Day Window Opened.....08/03/17

I-751 Packet Sent................08/04/17

NOA Dated...........................08/07/17

NOA Received......................08/09/17

Check Cashed......................08/09/17

Biometrics Letter Rcvd........08/26/17

Biometrics Appointment......09/07/17

Approval................................08/05/19

 

Naturalization Timeline

Field Office: Santa Ana, CA

90 Day Window Opened.......08/03/18

N-400 Filed (Online)..............08/03/18

Receipt Notice.......................08/03/18

Biometrics Letter Rcvd..........08/20/18

Biometrics Appointment.......09/07/18

Interview Letter Dated...........07/01/19

Interview Letter Rcvd............07/08/19

Interview................................08/05/19

Approval................................08/05/19

Oath.......................................08/22/19

 

Mr&Mrs G. Proficient

Mr&Mrs G.   903

Posted
Filed: IR-1/CR-1 Visa Country: Ireland
 Timeline
Posted

I spent 9 weeks in the US just before my I-130 was approved. We actually decided to bring our dog over early so when going through preclearance at Dublin airport they showed photo's of our luggage and asked if they were ours. The dog was looking out the cage in the photo and we just said the dog was immigrating :whistle:

 

The officer just wished us well and let us go on our way.

Mar-15-2017 - I-130 Mailed to Chicago Lockbox

Mar-21-2017 - NOA1 Priority date & Case assigned to Nebraska Service Center 

Dec-15-2017 - NOA2 I-130 approved

Jan-08-2018 -  NVC received

Jan-17-2018 - Received DS-261 AOS bill

Jan-17-2018 - Paid DS-261 AOS bill & submit 

Jan-26-2018 - Received IV bill

Jan-27-2018 - Paid IV bill

Feb-10-2018 - Send IV package

Feb-13-2018 - Scan Date

Feb-27-2018 - NVC Case Complete

Mar-17-2018   Receive interview date for April, St Patrick's Day good day to be Irish

Apr-17-2018    Interview at Dublin Embassy 

Apr-17-2018    Interview completed now in AP pending submitting other paperwork

Apr-25-2018    Additional information provided as requested 

May-09-2018   Visa approved, CEAC status changed to "Issued"

May-11-2018   Passport returned along with envelope for border control. 

Sep-18-2018    Entry through US Precleance Dublin, no problems at all.

 

Aug-27-2021   N400 for citizenship based on 3 year rule filed electronically

Aug-27-2021   NOA1 application received

Oct-02-2021    Notification of biometrics date

Oct-26-2021    Biometrics 

Jul-27-2022     Interview Raleigh NC, passed and same day oath

 

Bethany123 Explorer

Bethany123   56

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

I have visited my husband numerous times (currently visiting now) and didn't have any issues. 

  • Service Center: Nebraska Service Center
  • Consulate: Montreal, Canada
  • Marriage: 2017-05-08
  • i130 Sent: 2017-07-07
  • i130 NOA1: 2017-07-12
  • i130 NOA2: 2018-02-15
  • NVC Received: 2018-03-07
  • Case Number Received: 2018-05-10
  • Send AOS Package: 2018-05-23
  • Send IV Package: 2018-07-19
  • Case Completed at NVC: 2018-07-26
  • Interview Date: 2018-10-31 (approved!)
  • Visa in hand: 2018-11-05
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...