Entering USA with tourist visa as a I-130 applicant

[SusieQQQ 11,586]

2 hours ago, EldestElderSon said:

Okay.

 

If anything goes wrong and she gets detained, is there any way for me to contact her or her to contact me? I just want to have a contingency plan. Is there any procedure at CBP at the airport?

She won’t get “detained” unless she’s done something wrong. She’ll either be let in or sent home.

[FluffyBalls 52]

2 hours ago, EldestElderSon said:

Okay.

 

If anything goes wrong and she gets detained, is there any way for me to contact her or her to contact me? I just want to have a contingency plan. Is there any procedure at CBP at the airport?

There's a whole tread about visiting during the CR1/IR1 process in the other subforum. Don't recall ever seeing anyone have major issues. Keep in mind something like 1 in 1500 or so visitors are denied entry. And some of those have overstays, issues with the law, admit to CBP that they've worked or will work, try to bring in contraband, and so on. You'll be fine.

 

And they may or may not get a chance to contact you. Often times cell phones are confiscated and not returned until the deportee arrive back at their home country.

 

[juineh 4]

5 hours ago, EldestElderSon said:

I am a US citizen and my wife is a Turkish national. She applied and received a tourist B1/2 visa. One month later we submitted an I-130 application for a green card on her behalf and I moved back to the USA. She plans to visit me in the USA on the tourist visa for 2 weeks.

 

I heard this can be a problem, since the green card application signals to the State Department or CBP officers that the visitor intends to stay permanently in the USA in the future. The State Department usually does not approve tourist visas to green card applicants. However, we applied for the tourist visa BEFORE submitting the I-130.

 

During her visit, we have no intent to adjust status or for her to stay permanently.

 

Despite that, will this situation cause a problem at a US port of entry for my wife? What can she do to demonstrate that she is not intending to adjust status/stay permanently to the CBP officer? She is planning to show her return ticket, employment contract, letter from employer, and a letter from me attesting that the visit is temporary to the border agent. Is there anything else we can do?

 

Thanks!

I applied for and received a b1/b2 visa last year prior to submitting the I-130 and then travelled to the US to visit my husband.

I did get pulled up for secondary processing at LAX and was held for hours and interviewed which is always unpleasant. 

It wasn't the first time this has happened as I overstayed on the VWP by a few weeks the year prior so now I get pulled up every time, but this time it was apparantly just because I only had my electronic return ticket and they wanted to see a printed copy. I took plenty of proof of ties to Australia which they weren't even interested in looking at anyway. 

 

I honestly think that having an application processing can work in your favour because if she wanted to travel there just to adjust status, she'd probably wait until she was there before applying for anything. 

[juineh 4]

59 minutes ago, SusieQQQ said:

She won’t get “detained” unless she’s done something wrong. She’ll either be let in or sent home.

I'm not sure this is entirely correct as if they decide to send her home and there are are any issues or delays with the next return flight, then she can be held until the next day or so, and this would involve being searched and held with others who were in the same position. In this case you wouldn't be able to get in contact, but if you are the one picking her up from the airport then somebody will contact you to let you know.

[EldestElderSon 3]

Thanks juineh, maybe I'm overthinking this. We'll prepare some documents to prove strong ties to her home country (lease, job, bank account) and hope for the best, and prepare for the worst.

 

[issea 43]

I can just share my personal experience with OP. I used my B2 visa twice to enter the states after filing I-130: the 1st time when I entered the I-130 was still pending and the 2nd visit was after the approval of the I-130. I stayed for one month for the 1st visit and several days for the 2nd. For the 1st visit at the border, I was asked of a few normal questions such as the length and place to stay. For the 2nd visit, at the border, the CBP officer didn't ask any questions and just stamped my passport and let me in. I think it was because the 1st time I didn't succeed in using the self-service kiosk to complete the inspection related questions and take photograph, but the 2nd time I did it successfully. 

[thatguyuknow 147]

15 hours ago, missileman said:

don't offer any additional information unless asked, imo.  

Best bit of advice in the thread. 

 

Show up and answer the questions clearly and simply. Don't volunteer any additional information unless asked. 

[Ketsuban 1,034]

I entered on the VWP while my case was at NVC. I got a really nice border officer who was really excited by our situation and she was only too happy to let me in. They're definitely not all like that though, most of them are borderline rude. I guess it depends on how they view Turks.

[vidash23 4]

19 hours ago, EldestElderSon said:

I am a US citizen and my wife is a Turkish national. She applied and received a tourist B1/2 visa. One month later we submitted an I-130 application for a green card on her behalf and I moved back to the USA. She plans to visit me in the USA on the tourist visa for 2 weeks.

 

I heard this can be a problem, since the green card application signals to the State Department or CBP officers that the visitor intends to stay permanently in the USA in the future. The State Department usually does not approve tourist visas to green card applicants. However, we applied for the tourist visa BEFORE submitting the I-130.

 

During her visit, we have no intent to adjust status or for her to stay permanently.

 

Despite that, will this situation cause a problem at a US port of entry for my wife? What can she do to demonstrate that she is not intending to adjust status/stay permanently to the CBP officer? She is planning to show her return ticket, employment contract, letter from employer, and a letter from me attesting that the visit is temporary to the border agent. Is there anything else we can do?

 

Thanks!

Hey, I don't think this will be an issue they will see that she currently have and i -130 petition filed for her but the they wont revoked her visa or anything, my mother was in a similar situation, and nothing really happen while she was going through CBP officer.  

[twoworldsonelove 28]

Here is a popular forum on this topic

 

 

[jennylo87 7]

4 hours ago, thatguyuknow said:

Best bit of advice in the thread. 

 

Show up and answer the questions clearly and simply. Don't volunteer any additional information unless asked. 

Agree with this. My husband is Cypriot and entered twice on a B1/B2 tourist visa while at the NVC stage. First time he stayed 2 months, the second time 3 months. The third time he entered, he had his GC. The two times he came with the B1/B2, it was just your 'standard' questions...purpose of visit, where are you staying, etc. He had all our docs to back everything up, but was never asked. All POE's were via JFK. He was also flying with our baby, who is a USC. I thought that would lead to more questions, but nothing was ever asked/said.

 

Good luck!