Visiting Visa While IR1-CR1 Is Pending

[Ketsuban 1,034]

All this stress here. I've visited five times during our relationship and the worst that ever happened was an IO looked at me weird for paying for my own flight (yeah I don't know what that was about either). I've never been to secondary, never been shouted at or abused and have never been denied entry. Yes people do get turned back but this is an extremely small minority. The VWP was designed to allow people to visit family, it even says it on the US travel website.

[dwheels76 5,468]

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.

There is no regulation no rule no fraud if you apply for a visitor visa during I-130 processing. You will not know if he can travel unless you apply. Personally I would do it know this way you know well in advance before your holiday travel if he can come or not.

The only requirement is for hm to be honest about who and where he is gong. Show strong ties to South Africa. Every reason he would come back. I would have his NOA1 since you did file and show jobs, property something Strong. Hopefully he has traveled out the country before somewhere on earth that needed a Visa. That shows other countries can trust hm.

Even if denied its not held against you. I know many with 3,4,5 attempts all denied on visitor visa. And was not an issue at interview. So apply and tell us how it went.

[AmandaLane102 3]

There is no regulation no rule no fraud if you apply for a visitor visa during I-130 processing. You will not know if he can travel unless you apply. Personally I would do it know this way you know well in advance before your holiday travel if he can come or not.

The only requirement is for hm to be honest about who and where he is gong. Show strong ties to South Africa. Every reason he would come back. I would have his NOA1 since you did file and show jobs, property something Strong. Hopefully he has traveled out the country before somewhere on earth that needed a Visa. That shows other countries can trust hm.

Even if denied its not held against you. I know many with 3,4,5 attempts all denied on visitor visa. And was not an issue at interview. So apply and tell us how it went.

Thank you! I have read this thread numerous times and waver between feeling relieved and then fearful again when someone posts something negative (for example the post about Nigeria having policies against visiting during the process). When I saw that, also coming from Africa, I was nervous again.

However, I must say that we actually did apply for a B2 visitor's visa about 2 weeks prior to sending in the I-130 - we timed it this way on purpose to ensure a visitor's visa and he did get one, it is in his passport right now. The CO interviewing him did ask if he intended on ever immigrating to the states, to which my husband replied no (despite my telling him to say "possibly in the future") but that can be argued that we changed our minds after the fact, correct? Or will this "misinformation" ever be held against him? Do you know? I am nervous about that. Do they keep visitor visa interview records? Regardless, Namibia will not be the one processing our immigrant visa since there is no USCIS presence here.

However, with a B2 visa in hand as well as strong ties to Namibia, on top of the fact that I also reside here with him and will supply him with a letter from my employer as well stating my leave dates as well as our lease agreement and bank statements, on top of the fact that it is the holidays, I am confident that he will be allowed entry but will let everyone know once we know for certain December 14.

[Cjax 6]

Thank you! I have read this thread numerous times and waver between feeling relieved and then fearful again when someone posts something negative (for example the post about Nigeria having policies against visiting during the process). When I saw that, also coming from Africa, I was nervous again.

However, I must say that we actually did apply for a B2 visitor's visa about 2 weeks prior to sending in the I-130 - we timed it this way on purpose to ensure a visitor's visa and he did get one, it is in his passport right now. The CO interviewing him did ask if he intended on ever immigrating to the states, to which my husband replied no (despite my telling him to say "possibly in the future") but that can be argued that we changed our minds after the fact, correct? Or will this "misinformation" ever be held against him? Do you know? I am nervous about that. Do they keep visitor visa interview records? Regardless, Namibia will not be the one processing our immigrant visa since there is no USCIS presence here.

However, with a B2 visa in hand as well as strong ties to Namibia, on top of the fact that I also reside here with him and will supply him with a letter from my employer as well stating my leave dates as well as our lease agreement and bank statements, on top of the fact that it is the holidays, I am confident that he will be allowed entry but will let everyone know once we know for certain December 14.

Hi AmandaLane102, I have a South African passport although I am being processes from New Zealand, so don't know how similar a situation that makes it haha. But I got through fine in September past and am at the NVC stage. I took proof of employment etc but they never asked for it. I already had a visiter visa though long before even thinking of immigration and had been before. So hopefully all good and you guys sound very prepared.

[dwheels76 5,468]

Thank you! I have read this thread numerous times and waver between feeling relieved and then fearful again when someone posts something negative (for example the post about Nigeria having policies against visiting during the process). When I saw that, also coming from Africa, I was nervous again.

However, I must say that we actually did apply for a B2 visitor's visa about 2 weeks prior to sending in the I-130 - we timed it this way on purpose to ensure a visitor's visa and he did get one, it is in his passport right now. The CO interviewing him did ask if he intended on ever immigrating to the states, to which my husband replied no (despite my telling him to say "possibly in the future") but that can be argued that we changed our minds after the fact, correct? Or will this "misinformation" ever be held against him? Do you know? I am nervous about that. Do they keep visitor visa interview records? Regardless, Namibia will not be the one processing our immigrant visa since there is no USCIS presence here.

However, with a B2 visa in hand as well as strong ties to Namibia, on top of the fact that I also reside here with him and will supply him with a letter from my employer as well stating my leave dates as well as our lease agreement and bank statements, on top of the fact that it is the holidays, I am confident that he will be allowed entry but will let everyone know once we know for certain December 14.

No that won't be a misrep not at all. Like you said people change their minds all the time. You should have no issue at all. Coming home for the holidays and I would have that NOA1 in hand (who knows maybe you will be approved with a NOA2 in hand) show them you are doing everything the legal right way *(They love that stuff )

Happy Holidays Do come back tell us how it all goes. It helps people reporting good report so others can be confident and try it.

[Molly&Akli 0]

Such good news, here! We actually had a consult with an attorney about two years ago that told us it would be impossible to re-enter once we started the process. My husband has been traveling here almost five years on a b2 visa, and I'm so accustom to having him home every six weeks.

His next flight is the end of November, and the first entry since submitting the I-130. I'll be sure to give an update with feedback on his experience.

[mallafri76 1,012]

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.

What's the website address/link where you found this information because the first sentence doesn't make sense at all?! It looks like different parts have been cut and paste together...

And it doesn't say that you can't enter the US to visit. What it says is that " 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". Which means you can enter the US with a visitor's visa or under the VWP, as long as your intent is to stay for a short period and then return to your home country.

[mallafri76 1,012]

At first I was really stressing about travelling over to see my husband during the visa process, wondering if it's allowed etc, then I got to thinking... We, the foreign spouses, don't put our passport numbers anywhere on the I-130 or the G-325a, so when we come to the border, how would CBP know that we have applied for a visa?! And if we were not allowed to travel under the VWP to visit during the visa process, I am sure USCIS would have made sure that we put our passport numbers down on the I-130, informed us of the consequences of travelling to the US during the visa process and ensured that CBP got a big pop-up window on their screen if we tried to enter on the VWP with our passport. Hence, I take it as it's completely fine to keep travelling under the VWP, as long as I don't overstay and return to my home country.

[Mellylamelle 2]

My husband has visited the US twice since I filed the I-130. He is British, we live together (and also entered the US together) and he has had absolutely no problems so far. I have been nervous both times (was especially nervous the first time as it took 2 hours for his ESTA renewal to clear) but it has been fine both times. We have always entered the border at Chicago.

We will be traveling back to the US at Christmas and I think the one thing I will do is make sure we have a copy of our NOA2 and return itinerary along with us, just to be safe.

I really feel for those from high fraud risk countries who have difficulty with this. I think if you are from a VWP country or low fraud risk country, while you are still at the mercy of the CBP, provided you have proof to indicate your intent to legally visit the US as a tourist and then return to your country of residence, you should be fine.

[ShivaniVivek 6]

Greeting VJ Members

My question is that i would like my wife to visit me (USC) from New Delhi while our i-130 has been filed.She has a valid B1/B2 visa that was issued by her former employer which expires in 2016.Would it be possible her to do so and what would be the right steps to go about it??

Thank you
Vivek

[Ketsuban 1,034]

Greeting VJ Members

My question is that i would like my wife to visit me (USC) from New Delhi while our i-130 has been filed.She has a valid B1/B2 visa that was issued by her former employer which expires in 2016.Would it be possible her to do so and what would be the right steps to go about it??

Thank you

Vivek

Yes it is possible for her to visit since she already has the visa in hand. She should take proof of ongoing employment, lease/deed/mortgage papers to show she has a permanent residence in India and anything else that shows she must go back to India after her visit.

[Rob L 3,811]

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 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.

I think the information you provided is not in context and causing others needless anxiety. There are reasons to be cautious when make travel plans but there is no policy making every petition beneficiary inadmissable. The warning from the embassy helps people understand that they need to be prepared and to be truthful when crossing or applying for a visitor permit.

Edited October 27, 2014 by Rob L

[DaveStephChalm 3]

I've been to the USA four times now on VWP and only once had a slight issue one particular BPO.

Most times I've been on a combo of Long service Leave and Annual Leave from my job. so the last two visits have been almost three months each

Met on line June 2010, fell in love and agreed to be in exclusive relationship.....

Met in person March 2011 when I visited the USA (6 weeks, we flew to vegas, I rented a car and we did a ten day road journey)

September 2011, she came to Australia to meet my family....

March 2012 I returned to the USA and we got engaged, in the following twelve months we planned and organised our marriage and wedding day activities. I returned to the USA in March 2013, we got our marriage licence and got married April21!!!!

I returned to Australia, then back to USA in March 2014 and left the USA on the last day of my VWP ESTA. I've booked to return for 3 months from mid December and back to Australia in Mid March so I can return to work and then start the immigration process, it's a little unorganized sounding but that's the story so far.

we talk on the phone almost everyday and communicate all the time on social media, her children see me as part of their family and we have forged strong bonds all around.

The immigration process seems totally convoluted all I want to do is be with my wife and family. Is it worth doing it yourself or getting an Attorney?

[Rob L 3,811]

I've been to the USA four times now on VWP and only once had a slight issue one particular BPO.

Most times I've been on a combo of Long service Leave and Annual Leave from my job. so the last two visits have been almost three months each

Met on line June 2010, fell in love and agreed to be in exclusive relationship.....

Met in person March 2011 when I visited the USA (6 weeks, we flew to vegas, I rented a car and we did a ten day road journey)

September 2011, she came to Australia to meet my family....

March 2012 I returned to the USA and we got engaged, in the following twelve months we planned and organised our marriage and wedding day activities. I returned to the USA in March 2013, we got our marriage licence and got married April21!!!!

I returned to Australia, then back to USA in March 2014 and left the USA on the last day of my VWP ESTA. I've booked to return for 3 months from mid December and back to Australia in Mid March so I can return to work and then start the immigration process, it's a little unorganized sounding but that's the story so far.

we talk on the phone almost everyday and communicate all the time on social media, her children see me as part of their family and we have forged strong bonds all around.

The immigration process seems totally convoluted all I want to do is be with my wife and family. Is it worth doing it yourself or getting an Attorney?

Seems convoluted = TRU

Is it worth doing yourself? I don't know the particulars of your case and I did not parse all the data about your VWP visits but Yes this is a DIY in general.

We should move the discussion to a new thread though, this is about folks who have started a petition and the beneficiary wants to visit during the petition.

[stevana 5]

Hi. I'm new here. Just wanted to tell you that I'm going to visit my husband next week while IR-1 visa is still pending. I have started this visa journey on April this year. It's been 7 months. This topic made me decide to try going there to see him simply because I miss him so much, which you all would understand. So I'll definitely let you all know about my experience. I'm going to Los Angeles, CA.
I'll be honest and say that I'm here to visit my husband at the board of entry. I have my NOA2 and my flight info ready. I'll be visiting him only for 5 days since he's really busy with his job. I'm really nervous about this but my country is on VWP so I think I should be alright. I've got my copy of ESTA as well. So yea.