Visiting Visa While IR1-CR1 Is Pending

[MrsMRB786 4]

Thank you 

[LiddiaJ 11]

Hi folks , I am currently in the US with my husband  (US citizen)  our son (dual citizen) I am leaving for Australia on Easter Monday leaving then both here as my husband is seeking work and my son has started school . We have a pending I - 130 which was submitted last July and isn’t looking like being approved until June ( it just keeps getting longer and longer). I am returning to Australia for my daughters uni graduation and had planned to stay until the entire vida process as complete but it appears that it going to take MUCH longer than first thought so I am wanting to come and visit once more before coming back to Oz to wait for full approval . At the end of this trip I will have been in the US for 7 weeks .i have my NOA1 and my NOA2 will hopefully be granted early June.  I am Wondering how long i should wait before going back to the US ? I don’t want to wait too long as I don’t want to be away from my husband and son for too long but I also don’t want to create suspicion by returning too soon, if you know what I mean. Does anyone have any advice Onhow long would be a reasonable amount of time before visiting again ? TIA F

[Lil bear 4,201]

2 minutes ago, LiddiaJ said:

Hi folks , I am currently in the US with my husband  (US citizen)  our son (dual citizen) I am leaving for Australia on Easter Monday leaving then both here as my husband is seeking work and my son has started school . We have a pending I - 130 which was submitted last July and isn’t looking like being approved until June ( it just keeps getting longer and longer). I am returning to Australia for my daughters uni graduation and had planned to stay until the entire vida process as complete but it appears that it going to take MUCH longer than first thought so I am wanting to come and visit once more before coming back to Oz to wait for full approval . At the end of this trip I will have been in the US for 7 weeks .i have my NOA1 and my NOA2 will hopefully be granted early June.  I am Wondering how long i should wait before going back to the US ? I don’t want to wait too long as I don’t want to be away from my husband and son for too long but I also don’t want to create suspicion by returning too soon, if you know what I mean. Does anyone have any advice Onhow long would be a reasonable amount of time before visiting again ? TIA F

There’s no way to say what will or won’t be “safe”.. there are general thoughts such as twice as long out as you were in.. which would be 3 1/2 months ... but the deeper issue is the need to avoid any appearance of using the ESTA to essentially live on the US while waiting for the process. A shorter intended stay next visit might be a wise choice too 

[WeGuyGal 1,052]

Normally at least the amount of time in the US, but preferably double that. Maybe a late summer trip back to visit the US? 

[AbbyD 10]

Just wanted to let everyone know that my husband's B2 visa was renewed with an I-130 in processing. We put on the DS-160 that his wife was a US citizen and that we had started the IR-1 process and that the I-130 was currently being processed. I was definitely sure they would deny the renewal but wanted to try anyway bc we have a lot of friends' weddings this year and this IR-1 process is taking much longer than we had anticipated, but they approved him! Some background - he received his first B2 visa in 2013 and has been to the US 5 times. He's never overstayed. He's also been to several EU countries and the UK. He has no criminal record and has never broken immigration law, been deported, etc. He is from Ecuador though and they tend to refuse visas a lot. So, just letting you all know even if you do not live in a visa waiver country, it may be possible for you

[crod712 0]

Would you need to submit an amendment to your I-130 packet once this had been done. In my case my wife currently does not have a passport or A # since we have only received the NOA1. If she gets the visitors visa I am assuming they would issue an A# and obviously she would have a newly minted passport. Would I need to file an amendment to my original I-130 packet updating the passport and A# info?

[SusieQQQ 11,586]

1 hour ago, crod712 said:

Would you need to submit an amendment to your I-130 packet once this had been done. In my case my wife currently does not have a passport or A # since we have only received the NOA1. If she gets the visitors visa I am assuming they would issue an A# and obviously she would have a newly minted passport. Would I need to file an amendment to my original I-130 packet updating the passport and A# info?

Why would they issue an A number for a visitor visa?

[crod712 0]

I am completely ignorant of visitors visas, I thought they would issue an A# for a visitors visa.

[Jayface 118]

Hi, 

 

Some helpful advice needed here please. 
 

My i130 application is being processed by USCIS, and hopefully being approved in the next few days. Regardless, my work contract (in a third country) could potentially be coming to an end in the next few weeks. Rather than go back to my home country (UK) I would quite like to go to the states for a couple of months, hang out with my wife and then fly back to the UK to complete the interview stage there. I have a valid current ESTA and I did not overstay, nor have I ever. 
 

As I don’t have any ties to my home country and would have no ongoing work contract, what are my chances of being able to do this? 
 

Thanks in advance