Visiting US on Valid Toursit Visa during I-130 Process

[Matt & Luiza 2]

Hello all!

It took me long enough to discover this website; it would've been very helpful before. But its a good time to ask if anyone on this forum has any advice (sorry if something similar has already been posted).

 

I lived with my wife in Brazil for the past several years but moved back to Chicago in March to start work (FAA air traffic control trainee). We initially filed the I-130 on February 6, 2020. We have subsequently filed the DS-260, I-864, and paid are fees, and are awaiting to be DQ'd (and hopefully receive an interview date shortly after that). My wife is planning on visiting the states for a couple weeks next month. She has previously visited (with me for friends' weddings) twice, on a tourist visa she received two years ago. I reached out to US Customs asking about the Brazil travel ban, and they told me she just needs to bring a copy of our marriage certificate and a copy of my passport to bypass the travel ban. However, they also said they highly discourage current I-130 applicants from visiting the states during the process and she should bring several docs with her (property lease in Brazil, letter from work, round trip ticket, tax returns) to show Customs upon her arrival, but it will still be at the discretion of that officer to allow her entry into the states. I was wondering if anyone has been through this experience, and if we need to worry that she will be denied entry?

 

I hope this goes smoothly, as we will still likely have more bumps in the road after her arrival (figuring out how to test her for coronavirus and quarantining while awaiting the results).

 

Does anyone have any soothing words on the US Embassy situation in Brazil? I've read on here that some countries have begun their visa interviews again, but I imagine Brazil will likely take a while to get started again. 

 

Thanks for reading!

 

Matt

[dwheels76 5,468]

It's very possible. No one can say for sure. I have seen many post they were denied at POE and turned around while others were allowed in. It is a risk.

[Iscir 295]

there is the yes you can visit thread on the K1 forum where you can read other people’s experiences traveling during their immigration process. i visited many times without any problems. but as they told you, it’s a risk because it depends on the cbp officer if they let your wife in or not. no one can say for sure if she will be admitted, but if she has a good travel history, and ties to her country, then the probability of her being admitted are high   but you have to take the risk and hope for the best.  good luck!

[retheem 566]

1 hour ago, Matt & Luiza said:

Hello all!

It took me long enough to discover this website; it would've been very helpful before. But its a good time to ask if anyone on this forum has any advice (sorry if something similar has already been posted).

 

I lived with my wife in Brazil for the past several years but moved back to Chicago in March to start work (FAA air traffic control trainee). We initially filed the I-130 on February 6, 2020. We have subsequently filed the DS-260, I-864, and paid are fees, and are awaiting to be DQ'd (and hopefully receive an interview date shortly after that). My wife is planning on visiting the states for a couple weeks next month. She has previously visited (with me for friends' weddings) twice, on a tourist visa she received two years ago. I reached out to US Customs asking about the Brazil travel ban, and they told me she just needs to bring a copy of our marriage certificate and a copy of my passport to bypass the travel ban. However, they also said they highly discourage current I-130 applicants from visiting the states during the process and she should bring several docs with her (property lease in Brazil, letter from work, round trip ticket, tax returns) to show Customs upon her arrival, but it will still be at the discretion of that officer to allow her entry into the states. I was wondering if anyone has been through this experience, and if we need to worry that she will be denied entry?

 

I hope this goes smoothly, as we will still likely have more bumps in the road after her arrival (figuring out how to test her for coronavirus and quarantining while awaiting the results).

 

Does anyone have any soothing words on the US Embassy situation in Brazil? I've read on here that some countries have begun their visa interviews again, but I imagine Brazil will likely take a while to get started again. 

 

Thanks for reading!

 

Matt

To even have been told all this is actually a blessing. Carry all the evidence and present yourself at POE.

[Hilde 381]

18 hours ago, Matt & Luiza said:

Hello all!

It took me long enough to discover this website; it would've been very helpful before. But its a good time to ask if anyone on this forum has any advice (sorry if something similar has already been posted).

 

I lived with my wife in Brazil for the past several years but moved back to Chicago in March to start work (FAA air traffic control trainee). We initially filed the I-130 on February 6, 2020. We have subsequently filed the DS-260, I-864, and paid are fees, and are awaiting to be DQ'd (and hopefully receive an interview date shortly after that). My wife is planning on visiting the states for a couple weeks next month. She has previously visited (with me for friends' weddings) twice, on a tourist visa she received two years ago. I reached out to US Customs asking about the Brazil travel ban, and they told me she just needs to bring a copy of our marriage certificate and a copy of my passport to bypass the travel ban. However, they also said they highly discourage current I-130 applicants from visiting the states during the process and she should bring several docs with her (property lease in Brazil, letter from work, round trip ticket, tax returns) to show Customs upon her arrival, but it will still be at the discretion of that officer to allow her entry into the states. I was wondering if anyone has been through this experience, and if we need to worry that she will be denied entry?

 

I hope this goes smoothly, as we will still likely have more bumps in the road after her arrival (figuring out how to test her for coronavirus and quarantining while awaiting the results).

 

Does anyone have any soothing words on the US Embassy situation in Brazil? I've read on here that some countries have begun their visa interviews again, but I imagine Brazil will likely take a while to get started again. 

 

Thanks for reading!

 

Matt

Hello. Fellow Brazilian here. I personally would not risk it. But this is for you and your wife to weigh in... I tend to be on the safe side of things, just in case there is a slight chance it won't work. 

As for the Brazilian embassy and consulates... it's anyone's guess. I am hopeful it will open soon - but this seems to be a guessing game, as there is no indication of anything.

 

I hope you get your DQ soon!

 

Boa sorte!

[carmel34 3,633]

1 hour ago, Hilde said:

Does anyone have any soothing words on the US Embassy situation in Brazil? I've read on here that some countries have begun their visa interviews again, but I imagine Brazil will likely take a while to get started again. 

Sorry there are no soothing words to give you right now.  The situation in Brazil is terrible, the virus is spreading very quickly and many hospitals are full.  It just gets worse every day.  The crazy president has tested positive for the virus three times and acts like it's no big deal.  Brazil has the second-highest number of cases in the world and Rio is a hotspot.  Chances are that the US consulate there will not start normal visa interviews for a very long time.  I hope things improve so that you can be together soon.  Good luck!

[Sherb2 1]

On 7/24/2020 at 4:51 PM, retheem said:

To even have been told all this is actually a blessing. Carry all the evidence and present yourself at POE.

what means POE?

[carmel34 3,633]

1 hour ago, Sherb2 said:

what means POE?

POE means Point of Entry, where you formally enter the USA and go through Customs and Border Patrol (CBP) review, where they check your documents and ask the purpose of your visit or entry.  It's usually the first airport where you land coming to the US by air, or in a few select airports abroad they have CBP pre-clearance so you don't have to go through CBP when you land in the US.  These pre-clearance airports are in Dublin and Shannon in Ireland; Aruba; Freeport and Nassau in The Bahamas; Bermuda; Abu Dhabi, United Arab Emirates; and Calgary, Toronto, Edmonton, Halifax, Montreal, Ottawa, Vancouver, Victoria, and Winnipeg in Canada.  After you pass through US CBP at these pre-clearance airports, in the secure area waiting for your fight, it is like you have already entered the US.  If you enter by land, the POE is normally the point where you cross into the US from Canada or Mexico.  If by sea, it is the point of disembarkation in the US.

[Sherb2 1]

3 hours ago, carmel34 said:

POE means Point of Entry, where you formally enter the USA and go through Customs and Border Patrol (CBP) review, where they check your documents and ask the purpose of your visit or entry.  It's usually the first airport where you land coming to the US by air, or in a few select airports abroad they have CBP pre-clearance so you don't have to go through CBP when you land in the US.  These pre-clearance airports are in Dublin and Shannon in Ireland; Aruba; Freeport and Nassau in The Bahamas; Bermuda; Abu Dhabi, United Arab Emirates; and Calgary, Toronto, Edmonton, Halifax, Montreal, Ottawa, Vancouver, Victoria, and Winnipeg in Canada.  After you pass through US CBP at these pre-clearance airports, in the secure area waiting for your fight, it is like you have already entered the US.  If you enter by land, the POE is normally the point where you cross into the US from Canada or Mexico.  If by sea, it is the point of disembarkation in the US.

thank you!

[Matt & Luiza 2]

Really appreciate the responses, thank you and obrigado! We know its a risk, but its a risk we're willing to take. We booked the airfare for a couple weeks from now. My wife knows there's a chance she'll be sent back, so we'll need to make sure she's very well prepared for her talk with Customs when she arrives. In the mean time, she is gathering all the suggested documents and translating a few of them. I'll write a letter for her to bring with her as well, since we don't have an immigration lawyer.

 

Hoping for the best. We'll be so happy if she gets through, and so upset if she gets rejected. Really happy I found this forum.

[Hilde 381]

Keep us posted! Wishing you all the luck!!

[Matt & Luiza 2]

Luiza is through customs at Newark POE and I'll be picking her up in Chicago soon. She had every document imaginable ready to present, but customs only looked at our marriage certificate, the copy of my passport, and a letter I wrote (which Luiza said they didn't even read). Surprised it went this smoothly, but happy for it!