Visiting Visa While IR1-CR1 Is Pending

[ykowalski 11]

Canadian Citizen here. I want to visit the US while an ongoing i130 petition so I guess I have to present proof of ties when seeking entry. 

I work in Canada and would like to get a letter from HR to show that I work in Canada but the question is "What should the letter say?"

 

EDIT, we have not filed yet, we're still in the process of preparing i130 package. Will be filing sometime this month or next month. 

Edited August 16, 2018 by ykowalski

[MissMyHusband 22]

You must be very truthful at all times with CCP officers, but they denied my husband access once he told the we were married. Said we had to wait until process was complete. 

[Michael2017 368]

14 minutes ago, MissMyHusband said:

You must be very truthful at all times with CCP officers, but they denied my husband access once he told the we were married. Said we had to wait until process was complete. 

It seems this happens more often at land-boarders rather than airports.

[MissMyHusband 22]

We were denied at the airport

[Bethany123 56]

On 8/16/2018 at 8:48 AM, ykowalski said:

Canadian Citizen here. I want to visit the US while an ongoing i130 petition so I guess I have to present proof of ties when seeking entry. 

I work in Canada and would like to get a letter from HR to show that I work in Canada but the question is "What should the letter say?"

 

EDIT, we have not filed yet, we're still in the process of preparing i130 package. Will be filing sometime this month or next month. 

You can get a letter from your supervisor, too. As long as the letter says something about how you work for them, and are returning to work at a specific date, that will be fine. Also, have your return flight information handy. Whenever I crossed I made sure I also had any immigration paperwork that I had on me (such as receipt of notice for the petition) to show them I was in the process. They just want to know if you're doing it the right way. Good luck!

[MissMyHusband 22]

Last week my husband and I received our I 130 approval...yay! I was in Canada visiting him. He is a Canadian citizen, I am USA.

As I was coming home yesterday, I asked the USA CBP officer if my husband could come and visit me, that we would be able to show that he would need to be back in Canada to conduct medical and interview. He said he wasn't sure, so he was kind even to leave his booth and walk me over the his supervisor. His supervisor said he would not be admitted because he would be considered an undocumented immigrant. 
So, anyone can try it, but that is more than likely the response you can get. 

[Crazy Cat 41,985]

4 minutes ago, MissMyHusband said:

Last week my husband and I received our I 130 approval...yay! I was in Canada visiting him. He is a Canadian citizen, I am USA.

As I was coming home yesterday, I asked the USA CBP officer if my husband could come and visit me, that we would be able to show that he would need to be back in Canada to conduct medical and interview. He said he wasn't sure, so he was kind even to leave his booth and walk me over the his supervisor. His supervisor said he would not be admitted because he would be considered an undocumented immigrant. 
So, anyone can try it, but that is more than likely the response you can get. 

If the officer said those words, he misspoke.  Actually, it would be at the discretion of the CBP officer, since it could be seen as your husband entering the US via a non-immigrant route with intent to stay.

[MissMyHusband 22]

Almost all of them "misspeak". My husband was denied once. I asked again, they said no. We have decided to wait. Anyone is free to try it if they want to. Hopefully, their will be a knowledgeable person at the booth. I understand that there is no law that states that they cannot come. But will they let them? 

 

I am stating my experience. 

[TennMike7 8]

My wife applied for a tourist visa after having gotten the notice that the NVC received our case. She showed the NVC letter and proof of employment in her home country and was approved for a tourist visa on the spot. She came to visit until we got the notice of an appointment at the embassy for the greencard. Flew her back to her home country and she is currently visiting the embassy medic waiting for her appointment later this week. 

 

If if you have employment and are going about it the right way, yes you can visit. 

[MissMyHusband 22]

Happy it worked for you! Like I said, I am only speaking from my own experience. Try it. All they can do is turn you back. Good luck everyone!

[Boiler 45,767]

Most Canadian, people who can use the VWP, those with existing B's visit without issue as this thread proves.

 

Getting a B may be difficult in process but not impossible.

[Jon & Cha 5]

Hi everyone I am a Taiwanese national, and my husband is USC. We have a pending I-130, our PD is March 30th... Looking at the approval in Sep/Oct (hopefully...yayyyy!)

 

He came to visit me previously, we had a wonderful time together. I also plan to visit him in the states next week, Really looking forward to the trip and hopefully everything goes smoothly . I have read lots of your experiences in this thread,  thank you all for sharing and that I decide to make this trip!

 

I quit my overseas job previously and back to my home country to do the CP, so of course no job and back to my lovely childhood house..but I will prepare my bank statement, insurance bills, and return tickets. I am indeed anxious a little, I will try not to faint and give my shiniest smile...and be honest and polite... I also want to grab the chance to prepare the documents for next stage while we are together, so my little silly question here is, if I bring documents (related to the NVC stage) with me, will they lift their eyebrows and give me hard time? Any advise or personal experience? Thanks a million!

 

[Salt and Pepper 19]

Hi ,

 

just a few comments and my own experience:

 

1. Every case is different and so is the basis for entering the USA.

2. In addition to my timeline infos I am also using Global Entry.

3. I visited the USA quite often over the last decades

 

Last year we decided that I will apply for the Green Card. Presently I am waiting for the NVC case number.

We decided that I would visit my wife in the USA. Yesterday I arrived in the USA and had no problems or any questions were asked by the CBP officer. I got my receipt out of the Global Entry Kiosk and just dropped that receipt at the immigration. He took my passport looked at the passport and wished me a good day.

 

In case of questions being asked I had several papers along:

1. return ticket

2. lease of my apartment in Germany

3. letter of my freelance activities for an US based company

4. some bank account statements

5. last years tax return

 

I did not need any of it. 

 

Don't know whether it was just luck but everything worked out well for me.

 

 

 

 

[Jon & Cha 5]

Hi there,

 

That is a great news!! 😎🎉 Thanks for replying. I will be also entering the states with ESTA visa, and have the return ticket, bank statement, insurance bill with me just in case (not too much strong ties, but well...here we go..). We hope to complete the NVC package as much as we can while we are together, so really hope the CBP officer would understand... Well, I guess honesty is the best policy, if the questions are being asked.

 

Have a wonderful time there, and hope you get your NVC case number soon 😊☀️

 

 

[saladboye 166]

Anyone here experience visiting with pending I-130 in F2A category.

 

My wife is visiting for interview. My case is complex as it is:

 

N-400 July 2017, Dallas FO (Mine LPR to USC based on 5 years rule)

Filed with aid of Lawyer (paper), Processing time are 13 to 17 months.

ETA for this is Q4 2018, there have also been reports of Dallas FO picking up pace, recently people with may 2017 PD have been getting interview scheduled letter, so it might be sooner too but who knows with holiday season approachuing.

 

Dec 2017 - married in India

March 2017 - Filed taxes as MFJ, got my wife an ITIN number.

 

I-130 - June 2018, Filed as F2A (for my wife)

Went to CSC, processing times are 22 to 24 months for F2A. 
Based on this ETA would be Sept 2020 (+/- 4 months for NVC)

 

// I know I got late but we were banking on me having my citizenship by this time. 

 

B-2/DS-160, July 2018 (for wife to visit)

Applied, as wife has mandatory vacation time off for 3 weeks , worst we get denied and we are out of USD 200, She will have to fly back for consular processing as we elected for it. 

 

 

 

Edited August 23, 2018 by saladboye