Short visit while I130 is pending | please advise

[Sinalun 1]

Hello, 

 

I have submitted my wife's I130 application since Jan 2020, and we are still waiting for the approval. My wife does have a travel visa (to US, she got the travel visa before we got married) which is still valid till Nov 2020. Does anyone know if she still eligible to enter US for a visit?

 

IF she really gets decline on entering US,  will that affect our application (against the USCIS or NVC process)?

[arken 4,197]

With the existing visa, your wife can definitely travel to the US but the entry depends on the CBP officer. She could be let in or sent back. If sent back without prejudice, it won’t affect your existing immigrant petition.

[INF 96]

The borders are closed to most travelers due to Covid-19. Please keep this in mind. 

[HRQX 4,145]

38 minutes ago, Sinalun said:

My wife does have a travel visa (to US, she got the travel visa before we got married) which is still valid till Nov 2020.

ESTA or B-1/B-2 visa? I assume she is a national of Taiwan: https://www.visajourney.com/forums/topic/737889-apply-for-master-degree-program-while-waiting-for-the-cr1-spouse-visa-merged/

[geowrian 22,338]

2 minutes ago, INF said:

The borders are closed to most travelers due to Covid-19. Please keep this in mind. 

Only land borders.

[Duke & Marie 1,389]

Travel is valid if she hasn’t changed her name post marriage. just be mindful if she took your name post marriage she may need a new passport, with a new passport comes a new visitor visa.. 

[Sinalun 1]

Hello everyone, yes, she is a Taiwanese, and now she is having her ESTA visa (valid till Nov 2020). She does not have her name changed.

For this  visit, she is planning to travel the US for ~ 1-2 months.

We would like to prepare her certificate of employment just in case if the travel is possible. 

 

 

 

[Naomi1984 12]

55 minutes ago, Duke & Marie said:

Travel is valid if she hasn’t changed her name post marriage. just be mindful if she took your name post marriage she may need a new passport, with a new passport comes a new visitor visa.. 

I used my old passport with my visa and my new married passport and had no issues. I also took my marriage certificate to make the connection.

[geowrian 22,338]

4 minutes ago, Naomi1984 said:

I used my old passport with my visa and my new married passport and had no issues. I also took my marriage certificate to make the connection.

Yup, that is a valid combination.

[Sarah&Facundo 599]

Covid restrictions aside, yes you can travel to the US for a short trip. My husband did that more than once on the B2 visa he already had . Of course no non-citizen is guaranteed entry so they are subjected to the same questioning. (In my husband's case, no questions other than how long are you staying?)

Edited May 11, 2020 by Sarah&Facundo

[Duke & Marie 1,389]

3 hours ago, Sinalun said:

Hello everyone, yes, she is a Taiwanese, and now she is having her ESTA visa (valid till Nov 2020). She does not have her name changed.

For this  visit, she is planning to travel the US for ~ 1-2 months.

We would like to prepare her certificate of employment just in case if the travel is possible. 

 

 

 

Why would she need a certificate of employment if travel is possible?

[Sinalun 1]

As we are worry about if the COB office would suspect her intent of the visit, we are thinking that we would like to prepare the return flight ticket info and certificate of employment (from her workplace at Taiwan) showing that she still has strong tie to Taiwan, and will go back to Taiwan as scheduled.

[geowrian 22,338]

A COE is fine. That or just a letter from the employer stating they have been employed there since [x] and are due back for work on [y] date.

A return ticket is suggested...the lack of one may be a sign of immigrant intent. At the same time, having one doesn't mitigate immigrant intent...nearly every person that entered by air and either overstayed or adjusted status had a return flight when they entered.

Edited May 11, 2020 by geowrian

[HRQX 4,145]

4 hours ago, geowrian said:

A return ticket is suggested

Not suggested. It's required for VWP travelers per 8 USC § 1187(a)(8): https://www.law.cornell.edu/uscode/text/8/1187 She is going to attempt entry with ESTA:

19 hours ago, Sinalun said:

yes, she is a Taiwanese, and now she is having her ESTA visa (valid till Nov 2020).

 

Edited May 11, 2020 by HRQX

[geowrian 22,338]

15 minutes ago, HRQX said:

Not suggested. It's required for VWP travelers per 8 USC § 1187(a)(8): https://www.law.cornell.edu/uscode/text/8/1187 She is going to attempt entry with ESTA:

 

Sorry, missed that post. I only saw the original post that said "My wife does have a travel visa".

Yes, it is required for VWP travelers.

 

@OP

An ESTA is a travel authorization for Visa Waiver Program (VWP) travelers. It is NOT a visa. There are some very material differences between the 2.

Edited May 11, 2020 by geowrian