Visiting Visa While IR1-CR1 Is Pending

[donic 0]

I know that it's up to CBP officer whether or not to allow/deny entry. But I want to get the experiences of people with similar cases. Was anyone ever denied (that is, acknowledging to the officer that there's an I130 filed and purpose of visit was to visit spouse) entry? or the probability of being denied?

[cd37 229]

Totally upto CBP officer. They can definitely see i 130 in process and can ask that question at port of entry.

[geowrian 22,337]

Yes, some people have been denied.

Most people are able to visit normally using an existing valid visa.

While this is for IR/CR cases, it's basically the same as other cases:

 

[lierre 224]

This thread might be a helpful read: 

 

 

Edit: Didn't realize @geowrian and I posted at the same time.

Edited October 31, 2018 by lierre

[SusieQQQ 11,586]

7 minutes ago, jonicdao said:

I know that it's up to CBP officer whether or not to allow/deny entry. But I want to get the experiences of people with similar cases. Was anyone ever denied (that is, acknowledging to the officer that there's an I130 filed and purpose of visit was to visit spouse) entry? or the probability of being denied?

Are you a citizen or LPR?

Possibly paradoxically, a spouse of a LPR may have an easier time visiting because they are unable to just stay and adjust status the way that the spouse of a citizen can.

[Boiler 45,499]

Hopefully one of put friendly Mods will merge it with the Mega thread.

[JennOnline 3]

1 hour ago, donic said:

I know that it's up to CBP officer whether or not to allow/deny entry. But I want to get the experiences of people with similar cases. Was anyone ever denied (that is, acknowledging to the officer that there's an I130 filed and purpose of visit was to visit spouse) entry? or the probability of being 

Offer the information at customs and tell them you are visiting your husband/wife and are going through the i-130 process. You should not have any problems. 

 

I am Canadian and my husband and I have both visited eachother numerous times (airport and driving) throughout the year our application has been pending and have never had an issue.

 

One time a guy wanted to know what I did for work but other then that no additional questions.

 

I did always bring a letter from my employer, a current utility bill and a letter from my lawyer stating my intention of living in Canada until my visa is approved. This was just as a backup. 

 

Good luck 

[Elrona 101]

17 hours ago, donic said:

I know that it's up to CBP officer whether or not to allow/deny entry. But I want to get the experiences of people with similar cases. Was anyone ever denied (that is, acknowledging to the officer that there's an I130 filed and purpose of visit was to visit spouse) entry? or the probability of being denied?

I'm pretty sure I was almost denied on my last entry on 1st of June. There were red flags that I really agree with. One of them being previous long (but not overtime) stays. I wanted to enter in June but had stayed 90 days on ESTA from October-January and then 3 weeks in the end of March and I wanted to enter for another 3 months. CBP officer asked a lot of questions that I answered completely honestly. He also told me that I should not use ESTA for that long visits, its not meant for that, and that I should apply for spousal visa. I answered that we are in the middle of that process. He did ask to see paperwork and I had my NOA-1 receipt on me that I was more than happy to show. After that I was stamped for full 90 days entry.

 

I think if I hadn't had my NOA-1 receipt with me, I would have been sent into secondary and maybe even denied. Me showing that I am going through the process in legal way was in my opinion what convinced the CBP officer that I don't plan to overstay illegally.

[Michael2017 368]

I have entered the US again while waiting the interview. Over the past 3 years I have now spend about 40% of the times with ESTA in the USA and with my wife.

Here are my key findings:

1. CBP officers do not get alerted that and I-130 has been filed for you. They may not have this information or it does not pop up on their screen. At this stage,

questions are more or less very similar to a visitor that would have no petition pending.

 

2. Once you submit your Ds-260, your passport gets flagged and CBP officers see on their screen a pending petitions.

They do not ask anymore the routine questions, but, to my surprise, ask questions you would expect at the green card interview.

How did you meet your partner, When did you marry etc. It seemed to me that they pre-screen you, because if your relationship is legit,

you will not overstay but go back for your overseas interview. I had no problems answering such questions, but, after the DS260 got submitted,

and I visited so much, questioning became more complex to answer and more detailed oriented. I always was let in without secondary, and the CBPs

wished me good luck with my further immigration.

 

3. You can visit and spend extended times in the US with ESTA, but, make sure that there is enough time in between visits.

I always spend more time outside than inside and all was ok even with extensive visiting over a  3 years period.

Edited November 2, 2018 by Michael2017

[Diachka 66]

Hello everyone! Just wanted to contribute to this topic.

I arrived in the USA yesterday and got very easy entry to the country. I travelled with my new and old passport with tourist visa on my maiden name and was ready to show employment letter/contract in case they needed a proof of ties to my home country. Our petition is already approved and sent to NVC more than a week ago, so I carried NOA2 with me. But nothing was needed. The officer asked two questions - the purpose of my visit and duration of stay. I honestly answered that I'm visiting my husband for two weeks.

So, I was freaking out on my way here but everything went better than I expected.

Good luck to those who are thinking of or planning to visit their loved ones. You can do it!

[hm139 55]

My husband is planning a short visit here for Thanksgiving. His ESTA had expired and he just applied for a new one. It was approved, which I take to be a very good sign. He will show his round-trip ticket and his interview appointment letter -- his interview is scheduled for Nov 30 -- so I think it will be easy to prove he's just coming for the holiday and then will go back to legally finish the process. Plus, he's been in the US three times previously over the last four years, each time for about two weeks, so he has a good track record of short, infrequent vacations here then returning to his country.

 

The only thing that worries me is that he is going to bring our cat. This will free him to bring more luggage when he comes "for real," but I'm worried it will suggest to the CBP officer that he's not planning to go back home again.

[Boiler 45,499]

Can you pick up the cat?

[hm139 55]

10 hours ago, Boiler said:

Can you pick up the cat?

 

No, unfortunately... I don't have enough time off work to travel again and we haven't seen each other since July, which is why we really need this visit now even though his interview is soon. I have my fingers crossed that the CBP officer will see him with literally one small backpack plus a cat and will believe him that he is just dropping off the cat with me, eating some Thanksgiving turkey, and then flying back for his interview. I will update in a few weeks, perhaps we will be able to edit the thread title to "Yes, you (and pets!) can visit."

[kellyschwan 4]

On 11/1/2018 at 9:46 PM, Michael2017 said:

2. Once you submit your Ds-260, your passport gets flagged and CBP officers see on their screen a pending petitions.

They do not ask anymore the routine questions, but, to my surprise, ask questions you would expect at the green card interview.

How did you meet your partner, When did you marry etc. It seemed to me that they pre-screen you, because if your relationship is legit,

you will not overstay but go back for your overseas interview. I had no problems answering such questions, but, after the DS260 got submitted,

and I visited so much, questioning became more complex to answer and more detailed oriented. I always was let in without secondary, and the CBPs wished me good luck with my further immigration.

I'm hoping we will have submitted our Ds-260 by the time my husband needs to be in the USA next April for a short visit. Should he apply for an ESTA now while we're still in the I-130 stage?

 

And based on what you're saying, we should prepare for a much lengthier questioning if we are on the Ds-260 stage. Any questions throw you off guard? Guess it'll be good practice for the interview

 

He wants to come stay for about 2 months, but I think that's too long to prove to the CBP officers that he's not planning on overstaying. Any thoughts? 

[Elrona 101]

1 hour ago, kellyschwan said:

I'm hoping we will have submitted our Ds-260 by the time my husband needs to be in the USA next April for a short visit. Should he apply for an ESTA now while we're still in the I-130 stage?

 

And based on what you're saying, we should prepare for a much lengthier questioning if we are on the Ds-260 stage. Any questions throw you off guard? Guess it'll be good practice for the interview

 

He wants to come stay for about 2 months, but I think that's too long to prove to the CBP officers that he's not planning on overstaying. Any thoughts? 

I've entered US twice with the intention to stay max that ESTA allows (90 days so basically 3 months). First time doing it no questions, second time CBP officer asked a lot more questions (legit reasons as I already had one really long visit, one short visit and not too much time between). Just make sure he has documents showing the legal process he is going through. I had my NOA1 letter and that was enough.