Visit husband with a tourist visa while I-130 is pending

[designguy 1,179]

51 minutes ago, Lucyw said:

Of course, I never said that you could stay with just a visa...

my POE or I-94 has always been for 6months up to a year and I thought it was normal because all my family gets it and friends that I know and that’s how it’s been all my life... maybe is because I live in the border and I have good records, and probably good ties... 

In the other hand I travelled with my J1 and D/S to multiple countries and never had a problem either... maybe i’m just lucky

OP I am sorry but your facts and posts are very confusing and don’t make much sense. 
 

It is not normal to have a b2 Grant you a year stay without some sort of extraordinary reason (even then I believe you have to apply for extra time. It’s not granted at the border) anything more than 6 months would be hard to prove you’re just visiting. 
 

also J1 visas are for the US. You haven’t traveled to multiple countries with that visa. It’s only for the US. D/S means duration of status, it’s nothing you travel with

[Lucyw 2]

34 minutes ago, Boiler said:

I can only think there is a miscommunication.

Maybe, maybe not... I’ll let you guys know about how it went when Im with my husband and with my I-94 valid. Like I said I never had a problem with it, hope I won’t have an inconvenience this time. 
Sorry for my weird english maybe I didn’t explained myself like I wanted to. But thanks for your curiosity and your answers.

[Amadia 711]

As others have stated, your stay in the US may have been much longer than anticipated and lawyering up is probably the best option for you at this time.

Here is what the travel.state.gov states about the BCC:

Qualifying for a Border Crossing Card

• B1/B2 visa/Border Crossing Cards are only issued to applicants who are citizens of and resident in Mexico.
• Applicants must meet the eligibility standards for B1/B2 visas.
• They must demonstrate that they have ties to Mexico that would compel them to return after a temporary stay in the United States.

 

 

[TOtoVA 4]

Hi Lucy, I was in the same situation as you. I called USCIS and I was told that as long as I had an existing visitors visa prior to applying for the i-130 that I could visit the USA while my i130 was pending. I called 2- 3 different times to make sure the information was consistent.  I have since visited about 3 times since then and I have had no issues so far.

 

Good luck!

[geowrian 22,337]

I would just point out that USCIS has no say on the validity of a tourist visa, BCC, etc., nor on CBP's decision to admit somebody into the country or not.

Visas are a DOS responsibility. CBP  is part of DHS as is USCIS, but they are a completely separate agency.

 

Yes, you can visit with an I-130 pending. Many people do this.

But just be aware that anything USCIS says on the matter (which happened to be correct in the above poster's case) is like asking the DMV about SSA policies/processes. They may or may not know, but any info they provide on the matter should be taken with a grain of salt.

[carmel34 3,626]

18 hours ago, Lucyw said:

I lived with my husband

You lived with your husband in the US for ten months on a temporary visit visa.  CBP will see this when you try to enter again and may ask you about the long stay of 10 months, and if you try to enter again now, only four months later, they may think that you are trying to live in the US with your husband on a tourist visa.  How can you show strong ties to Mexico with a ten-month recent stay on your record?  With a US husband?  Are you using the BCC to travel to Michigan?  Having a current I-130 petition may help your case since you're doing it the legal way, but it may also cause more scrutiny and questions at the border.  Do you have a job in Mexico?  Do you own property?  Answer honestly and hope for the best.  If they don't let you in, your husband can go and visit you in Mexico.  Good luck with your spousal visa process!

[Lucyw 2]

13 hours ago, carmel34 said:

You lived with your husband in the US for ten months on a temporary visit visa.  CBP will see this when you try to enter again and may ask you about the long stay of 10 months, and if you try to enter again now, only four months later, they may think that you are trying to live in the US with your husband on a tourist visa.  How can you show strong ties to Mexico with a ten-month recent stay on your record?  With a US husband?  Are you using the BCC to travel to Michigan?  Having a current I-130 petition may help your case since you're doing it the legal way, but it may also cause more scrutiny and questions at the border.  Do you have a job in Mexico?  Do you own property?  Answer honestly and hope for the best.  If they don't let you in, your husband can go and visit you in Mexico.  Good luck with your spousal visa process!

Hi everyone, I went to ask for a BCC with my B2. No questions were asked besides my husbands address, they issued me an I-94 for 6 months with no problem and they told me to return It before the BCC expired (in July) or return it with my B2 visa if my spousal visa comes first. God works for you when you do good, I prayed for seeing my love and my family soon and he helped me and Im so grateful...

I had no problems at the border or anything else. I booked domestic flight for next Sunday and I’ll be back in March. Thanks all for the answers, my story was kinda confusing but some of you gave me the right answers. 

Edited January 25, 2020 by Lucyw
Grammar errors

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Orangesapples 1,954]

55 minutes ago, Lucyw said:

Hi everyone, I went to ask for a BCC with my B2. No questions were asked besides my husbands address, they issued me an I-94 for 6 months with no problem and they told me to return It before the BCC expired (in July) or return it with my B2 visa if my spousal visa comes first. God works for you when you do good, I prayed for seeing my love and my family soon and he helped me and Im so grateful...

I had no problems at the border or anything else. I booked domestic flight for next Sunday and I’ll be back in March. Thanks all for the answers, my story was kinda confusing but some of you gave me the right answers. 

Thank you for sharing your experience.