Traveling While i130 is Pending

[LaceyAdam 12]

3 minutes ago, Meisha&Jake said:

Dont forget to make sure he books a return ticket! they will ask when his return flight is, make sure he has a print out of the booking showing the return flight details/date

Yes! We always book the outgoing flight the same time we book the incoming flight just to make sure!

[geowrian 22,337]

Just as a note, a return or ongoing ticket is actually required for all VWP travelers.

[LaceyAdam 12]

4 minutes ago, geowrian said:

Just as a note, a return or ongoing ticket is actually required for all VWP travelers.

I wasn't aware of that but we always book both at the same time. Good information to have for sure! Thank you!

[DGF 730]

I'm sorry for the not so nice answers you've received. A lot of questions get asked repeatedly here and it irritates some members. There was a stickied post about visiting up until recently, but it looks like it was moved to the visitor's visa forum. Here's a link so you can check it out and read about other's experiences! 

 

 

[LaceyAdam 12]

5 minutes ago, DGF said:

I'm sorry for the not so nice answers you've received. A lot of questions get asked repeatedly here and it irritates some members. There was a stickied post about visiting up until recently, but it looks like it was moved to the visitor's visa forum. Here's a link so you can check it out and read about other's experiences! 

 

 

Thank you! That was exactly what I was looking for! 😊

[JFH 12,191]

I visited more than once from the UK while the I-130 was pending. Not a problem at all.

[TenderHearted 39]

44 minutes ago, JFH said:

I visited more than once from the UK while the I-130 was pending. Not a problem at all.

JFH, would you elaborate on how you prepared, and what you got together, in order to make visits you made? I feel that would be pertinent to this thread, but also would be just good practice to follow, especially for those of us getting ready to go through this part of the I-130 process. Since you've already made several successful visits while the I-130 you were being petitioned under, it would give the rest of us some hope Even if it is the same checklists of items already addressed, you've successfully done it, so people are just going to listen closely.

Edited April 17, 2019 by TenderHearted

[Greekwife 58]

Don’t feel bad.I have received criticism because of my nationality in this forum.Who knows how people deal with the stress they have over the visa process.

Just keep on smiling:-)

[JFH 12,191]

44 minutes ago, TenderHearted said:

JFH, would you elaborate on how you prepared, and what you got together, in order to make visits you made? I feel that would be pertinent to this thread, but also would be just good practice to follow, especially for those of us getting ready to go through this part of the I-130 process. Since you've already made several successful visits while the I-130 you were being petitioned under, it would give the rest of us some hope Even if it is the same checklists of items already addressed, you've successfully done it, so people are just going to listen closely.

I could... However, since every situation is different it may not help a huge number of people.

 

Visiting is not illegal, wherever you are from or whatever your situation (unless you are banned for whatever reason). Being engaged or married to a USC is not illegal. There is no magic formula that will guarantee being admitted by CBP. I have seen people from the UK being turned away as it was suspected that they would overstay to be with their love interest. No one, except USCs, is guaranteed admittance. All anyone can do is tell the truth and hope for the best. It's a gamble.

 

I am from a VWP country which helped immensely. I am extremely grateful for this privilege. I don't think I could have maintained a long-distance relationship if I couldn't visit every 6 or 8 weeks. I know some people manage longer separations and kudos to them. But I personally couldn't have done it. Visiting on the VWP is a lot easier. Having a solid travel history also helps. But every case is assessed on its own merits, which is why my experience may not help anyone at all.

 

I didn't specifically prepare for my CBP encounters during the I-130 process. I had a very good history of visits. By the time I got my IR-1 visa I had visited on the VWP over 40 times. I didn't carry any specific documentation and my times to home were actually very weak during the IR-1 process. I had already sold my house, I was living in the spare room of a relative's home. I was a remote worker (worked permanently from home), had no children, no mortgage, no lease, no pets, I had even sold my car. I had a husband in the USA. On the face of it, I suppose I was a classic example of someone most likely to overstay. I was questioned intensively only once. He wanted to know the telephone number of my line manager to see if I "really do have a job there to go back to". He also kept saying "tell me the truth - you are here so that your husband can file and adjustment of status for you, aren't you?" and he questioned me if I knew what AOS was and how it worked. I truthfully told him I was aware that it existed but that we would not be doing that. He snorted. I was questioned for about 30 minutes and then he stamped my passport and sent me on my way. That was at Las Vegas airport and ironically that was my POE with my IR-1 visa and I spotted him at his desk at the airport when I arrived. I really wanted to be seen by him but I was sent to an officer two desks along.

Edited April 17, 2019 by JFH

[BRP2019 5]

Since Feb 2018 I traveled regularly to the USA from Canada . Noa1  for the i130 is May 2018 I never had a problem traveling tell the i130 was approved and it was sent to the Department of state . The boarder Guard asked me are u coming back u sure I think u will come back u wont screw up your I 130 by not coming back and really grilled me if I was coming back lol. He  just about didnt let me across which was super wierd . I been crossing at that boarder crossing since this i130 began one of the same guards to . We had many chats before . Now I got the nvc case number and this traveling back and worth is just about over 

Edited April 17, 2019 by BRP2019

[junkmart 320]

22 hours ago, LaceyAdam said:

Thanks for the kind reply! Definitely not lazy, it's allot of information to look over and review and thought it would be simpler to post a question than continuing searching. I thought this forum was a way for people to get information and share experiences and I don't really understand the negativity.

You're in the right place, and we're here to help. Easier to just block unhelpful people than trying to reply to them.

[Sarah G 179]

I'm travelling to the US next week, for the first time since we filed the I-130. I'm also from the UK. So far I have been visiting for roughly 2-2.5 months each trip, leaving roughly 3.5-4 months between visits. I have been stopped and interviewed two out of three times. So far the only evidence I have been asked to show is my bank balance. But I always carry the following, just in case:

 

A letter from my work confirming the date they expect me to return

 

A letter from the friend who rents me a room confirming the date she expects me to return

 

Evidence of my current bank balance. (So far I have been taking £1000 for each month that I am there and it has been acceptable to CBP, in my circumstances) 

 

Return flight information 

 

This time I will also be taking a copy of the NOA1. 

 

I'll let you know next week whether or not I made it. 

[LaceyAdam 12]

11 hours ago, Sarah G said:

I'm travelling to the US next week, for the first time since we filed the I-130. I'm also from the UK. So far I have been visiting for roughly 2-2.5 months each trip, leaving roughly 3.5-4 months between visits. I have been stopped and interviewed two out of three times. So far the only evidence I have been asked to show is my bank balance. But I always carry the following, just in case:

 

A letter from my work confirming the date they expect me to return

 

A letter from the friend who rents me a room confirming the date she expects me to return

 

Evidence of my current bank balance. (So far I have been taking £1000 for each month that I am there and it has been acceptable to CBP, in my circumstances) 

 

Return flight information 

 

This time I will also be taking a copy of the NOA1. 

 

I'll let you know next week whether or not I made it. 

Good luck! Let me know how it goes 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?

[Ryan H 3,819]

Moved from Progress Reports to Process & Procedures.