Visiting Visa While IR1-CR1 Is Pending

[Ketsuban 1,034]

I am telling you

At the Boston POE, the officers don't permit to get in if you have a I-130 or K3 in progress.

They keep your ESTA (ban of 10 yrs) and let you go back to your origin country on the same day.

It is considered a lie to an officer (federal crime) to pass with an ESTA, having a I-130 or K3 in progress.

This is what the Chief of the CBP of the POE of Boston airport told us.

Then you can say whatever you want, but i trust the chief of the POE.

Have a nice day.

I guess the officer who let me in at Newark broke the law then

[mallafri76 1,012]

Thank you so much for starting this thread. I have been stressing like crazy about whether or not I'd be able to fly over and see my husband during our visa process. I hate dealing with the CBP but at least this thread will calm me down a little.

[mallafri76 1,012]

I am telling you

At the Boston POE, the officers don't permit to get in if you have a I-130 or K3 in progress.

They keep your ESTA (ban of 10 yrs) and let you go back to your origin country on the same day.

It is considered a lie to an officer (federal crime) to pass with an ESTA, having a I-130 or K3 in progress.

This is what the Chief of the CBP of the POE of Boston airport told us.

Then you can say whatever you want, but i trust the chief of the POE.

Have a nice day.

I just got a reply from the US Embassy in Sweden, who handles all visa cases for the Nordic countries and here's what they said about travelling to the US while an application for immigration or fiance visa is being processed:

"If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified. When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration, evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States."

[Rob L 3,811]

I just got a reply from the US Embassy in Sweden, who handles all visa cases for the Nordic countries and here's what they said about travelling to the US while an application for immigration or fiance visa is being processed:

"If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified. When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration, evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States."

I love the clarity of the language. If I were the non-immigrant, I would carry that letter along with "evidence of your residence outside the U.S." sufficient to convince an immigration inspector "that you are a bona fide visitor for pleasure"

[Hotter Otter 1,211]

I am telling you

At the Boston POE, the officers don't permit to get in if you have a I-130 or K3 in progress.

They keep your ESTA (ban of 10 yrs) and let you go back to your origin country on the same day.

It is considered a lie to an officer (federal crime) to pass with an ESTA, having a I-130 or K3 in progress.

This is what the Chief of the CBP of the POE of Boston airport told us.

Then you can say whatever you want, but i trust the chief of the POE.

Have a nice day.

This is untrue, I went through POE at Boston several times while my I-130 was being processed and on one occasion even had a discussion with the CBP officer about how slowly my petition was going. I created this thread so that people would have information and the experience of others at their disposal when planning a visit. Please do not post false information in this thread.

I just got a reply from the US Embassy in Sweden, who handles all visa cases for the Nordic countries and here's what they said about travelling to the US while an application for immigration or fiance visa is being processed:

"If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified. When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration, evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States."

Thank you for posting this.

[axel_e 0]

Unfortunately I'm one of those who got turned away at the border. My wife filed the I-130 in December 2013. In July 2014 I tried to go visit because her mother was dying. She was in Seattle at the time and I was in Vancouver. The officers at the border interrogated me for about two hours before turning me away. They also cancelled my ESTA (I am from France so VWP) and put a big stamp on the back of my passport that says "Entry refused in accordance with INA section 217". I was told that I was denied re-entry into the US pursuant to 212(a)(7)(I)(I) of the INA, as amended, as I am an intending immigrant without a visa. I was refused entry into the United States in accordance with 8CFR section 217.4(a)(1) under the Visa Waiver Program.

I eventually received a B1/B2 visa from the embassy because of the medical emergency my mother-in-law was in. I eventually was able to cross the border, but the officer at the border almost didn't let me in. I really had to insist on the emergency, and he insisted that he shouldn't let me in and that this is an exception.

Frankly, after that ordeal I'm not ready to apply for a B1/B2 again before my IV goes through.

[NikLR 13,231]

Were you flying or driving?

Are you currently residing in Canada or just visiting?

[axel_e 0]

Were you flying or driving?

Are you currently residing in Canada or just visiting?

I was driving (it happened at the Blaine border crossing). And I was visiting.

I was actually residing in the UAE until April, but when my wife and I left our jobs in Abu Dhabi our visas were cancelled, so I don't reside there any longer. Luckily I have property in France, so I guess technically my residence is in Paris - even though I don't actually live there. I'm staying there with friends until my IV is processed.

[nalacandi 11]

Just FYI, it's so important to check the regulations of the country you are filing from when attempting to enter the US during any filing process. There are actually some counties that will allow entry during the process, but there are many conditions and regulations. Last thing anyone wants to do is halt your process, get a denial, and then extend the process dealing with the situation.

I advise all to treat cautiously when dealing with US Immigration. They make the decisions on your future and what happens on your case. My country doesn't allow my husband to visit during the I-130 Filing Process. Just research as much as you can.

MO

[slb1 13]

My wife is from Thailand and we have just started the I-130 visa process, is there a way to bring her over here before the I-130 is completed, maybe a school or any other type of visa as we do not want to be apart for the next 6+ months

[AmandaLane102 3]

Just FYI, it's so important to check the regulations of the country you are filing from when attempting to enter the US during any filing process. There are actually some counties that will allow entry during the process, but there are many conditions and regulations. Last thing anyone wants to do is halt your process, get a denial, and then extend the process dealing with the situation.

I advise all to treat cautiously when dealing with US Immigration. They make the decisions on your future and what happens on your case. My country doesn't allow my husband to visit during the I-130 Filing Process. Just research as much as you can.

MO

I cannot for the life of me find information on regulations for my country. My husband is from Namibia, but South Africa will be processing the immigrant visa. We just submitted the I-130 and have plane tickets to the States for the holiday (I live with him in Namibia, I will be traveling to the States for holiday a week before him because of different leave dates). Can't find ANY information on whether or not there are regulations from Namibia or South Africa - where did you find your information on Nigeria? Thanks in advance.

Edited October 11, 2014 by AmandaLane102

[AmandaLane102 3]

I see on the previous page that you also live abroad with your spouse and assume this is the trip you'll be making together. The two of us have entered at JFK together, but our experience doesn't completely answer your question since we haven't yet submitted the I-130.

In case it helps, though, here's the post where I wrote about it, along with how we go through immigration together and what evidence we bring: http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/?p=6849607

Thanks for the response. Situation a bit more complicated because although I do reside abroad with him, I am entering the United States a week before him as we have different work leave dates!! So it makes me super nervous that he will have to enter the border on his own without me. We are however traveling back together. I think I will have him also bring evidence that I reside in Namibia with him and take a letter from my employer as well stating my leave dates, etc. to show that we are both residing abroad.

[jöni 37]

I entered the US at DTW between the USCIS approval and before the NVC got something from the USCIS.

Like always i told my reason for the trip is seeing my wife and here family and friends. The IO was just interested about my return ticket. At the customs i got "randomly" selected for future inspections after i told them my reason for the visit. At the closer inspection there was more interested about my insted of my suitcase. He wants to know when we got married, why we life in different places, how our future will be, what my profession is and if i still work there (and my boss know that i will move to the US). Also some questions about some papers i had with me (for the NVC / IV). But he saw, that i know the rules and the photo from our NOA2 gave him the profe that we will do it on a legal way.

So after that i was fine and good to go.

[nalacandi 11]

I cannot for the life of me find information on regulations for my country. My husband is from Namibia, but South Africa will be processing the immigrant visa. We just submitted the I-130 and have plane tickets to the States for the holiday (I live with him in Namibia, I will be traveling to the States for holiday a week before him because of different leave dates). Can't find ANY information on whether or not there are regulations from Namibia or South Africa - where did you find your information on Nigeria? Thanks in advance.

I found this information:

QUOTE

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

http://www.amcits.co...sa_relative.asp

The US Citizen is always free to travel to foreign country to visit.

I am trying to find additional information for you, at this time. But, typically if you are in process of an I-130 petition travel into the US by the intending immigrant is not possible and could affect your case at the time of interview, as they consider this fraud. I would be very careful before allowing him to enter the US.

DISCLAIMER: Please note that all information provided is conditional and varies based on individual circumstances. I am not an attorney or an official representative and all information I provide is based solely on either my experience, or research I have done to assist myself and others. Always do your own individual research and make sure that read and verify any documents that you receive regarding your case, to ensure that you are doing exactly what is being requested of you in your personal case.

[dwheels76 5,468]

Just FYI, it's so important to check the regulations of the country you are filing from when attempting to enter the US during any filing process. There are actually some counties that will allow entry during the process, but there are many conditions and regulations. Last thing anyone wants to do is halt your process, get a denial, and then extend the process dealing with the situation.

I advise all to treat cautiously when dealing with US Immigration. They make the decisions on your future and what happens on your case. My country doesn't allow my husband to visit during the I-130 Filing Process. Just research as much as you can.

MO

The bold statement is not true. I know of many men and women beneficiaries who traveled during the process. As every country you have to show strong ties to your country.

It's a BIG misinformation that Nigerians and their significant others think they can't apply or get a visitor visa Easy NO. Many beneficiary have no jobs, no money, never traveled outside their own states in Nigeria let alone another country their only ties s obvious their spouse in the US. But there are some who have been able to demonstrate string ties.

Also no denied visitor visa is held against you. I fact it would look very red flag if the beneficiary didn't try to attempt to try to visit the petitioner. Can't be a ne way street always on the petitioner.

Can i ask why would a denied visitor visa extend the process? One has nothing to do with an I-130. Just curious where you got that from.