Travelling on tourist visa whilst waiting for I-130

[AnnaCa 63]

3 hours ago, Teb&Steb said:

Hi all

I am planning a trip to visit friends and family in the US with my USC husband in late June/early July. As I have a pending i-130, what would the best evidence be to equip myself with at the border if I am questioned? I will use the VWP/ESTA to enter and will have a wedding invitation for July which we are planning to attend, along with a letter from my employer in Australia which states that I am currently a permanent employee. I have no intention on staying on illegally as I don't want to jeopardise our application in any way, we still permanently live in Australia and I also work in the legal industry so I know the importance of following the rules! 

I have travelled several times while my I-130 has been pending, and the only thing I have ever been asked was how long I am staying. I have replied with "My flight home is on the xx xx xx". This always seem to make them content. (I always have copy of lease and student confirmation though as proof)

[Ontarkie 14,218]

~~Hijack post removed~~

[intothelight2021 19]

On 6/10/2021 at 7:00 PM, EKT said:

I haven't read through the entire thread, but does anyone have experience travelling to the US together as a couple (USC and spouse beneficiary) or family for a short stay while spouse is going through the IR process? We live overseas and would really like to visit my family in August or Sept 2021 as I have not been able to see most of them since 2018. We are still at NVC stage awaiting DQ so might have an interview date by then or maybe not. We would stay with family in the US for 3-4 weeks and then hopefully move permanently early 2022 if green card has been issued by then. We would book return tickets and still have jobs, house and kids enrolled in school here, etc to show we intend to go back... just curious if we are likely to have difficult time at the border. Also would he go for ESTA or apply for a B-2? Thanks

Hi EKT,

 

Did you travel in the end?

 

Curious because we are in a similar situation (both abroad thinking about visiting family in the US).

 

Anyone else in this situation who travelled to the US recently?

 

Also, while my own ties are not very strong (we moved to a third country for my wife's job; I am not allowed to work so I am running the household, volunteering), as a family we have good ties (my wife's job, daughter enrolled in school; I am on the lease; we have a car etc.). Wondering how this would be viewed by CBP. Thanks!

[Teb&Steb 3]

On 4/24/2022 at 8:14 PM, AnnaCa said:

I have travelled several times while my I-130 has been pending, and the only thing I have ever been asked was how long I am staying. I have replied with "My flight home is on the xx xx xx". This always seem to make them content. (I always have copy of lease and student confirmation though as proof)

Hi AnnaCa

My I-130 has now been approved (YAY) and still planning a trip in a couple of months - would this change anything? I'm in the process of filling out my DS-260.

[AnnaCa 63]

41 minutes ago, Teb&Steb said:

Hi AnnaCa

My I-130 has now been approved (YAY) and still planning a trip in a couple of months - would this change anything? I'm in the process of filling out my DS-260.

Congratulations! I don’t think so, it hasn’t for me at least, but I’ve only travelled once since it was approved 😊 just be honest about the process 

[prtzelle 9]

Hi all, hoping to get some help also! 

 

I have a very similar case. I want to travel to the US using my tourist visa but is very close to my CR1 interview appointment date. 

 

We have a family wedding that was on the books prior to us receiving out appointment date, however I fear it is too close. 

 

My appointment is August 23rd, the plan is for me to to take vacations and join my husband and his family for the wedding from July 23rd to July 31st. 

This would be third time this year I've gone into the US. First time in February (for a concert but stayed for an extra couple weeks, total 3 weeks), and then in May for an emergency doctor appointment for my mom (stayed 2 weeks). 

 

On top of that, my biometrics appointment is this Friday, and my friend who went through the same process showed me her passport and they add a sticker to it. 

 

I want to believe that bringing an employment letter,  my interview letter, and a copy of my ticket back home they will see that I'm indeed not planning to stay and I'm hoping I can go through. 

 

Any thoughts or experiences?

[Emilia2117 0]

Hello! My husband is French and I am American. He wants to visit our new nephew who will be born in a couple weeks for about a month. He doesn't really have strong proof of ties to his country and we filed the I-130 a couple months ago. He doesn't have a lease or anything because he takes care of his mom at her house. She is old and needs the help especially since she recently recovered from cancer. His brother will help her during his travels. But he also only uses the train so he doesn't have a car. Trains in France are way more convenient where he lives and much more economical. He has is his bank account, a frail mother to get too, and the money he gives his family to help support them. He has friends he visits very regularly. But these aren't really strong ties? He will have a return ticket to, but it is required anyways. He would leave through Paris and arrive in Atlanta. 

 

Is there any chance he would be accepted to visit to meet his newborn nephew? If he is denied will our I-130 get canceled? Someone told me there is a 0% chance he will be accepted and they could cancel our I-130, he get deported and banned from entry for three years and it has me so scared to even try. What are the odds he could get in? 

[Rocio0010 5,579]

6 hours ago, Emilia2117 said:

Someone told me there is a 0% chance he will be accepted and they could cancel our I-130, he get deported and banned from entry for three years and it has me so scared to even try. What are the odds he could get in? 

Whoever told you that is spreading fear.

There is certainly a chance of rejection, because a tourist visa is a non- immigrant one, but with the I-130 he has shown immigrant intent. That being said, there are couples who have successfully done it! 
He is not going to get deported and banned if he’s honest about it…. All you can do is try!

[JD2 72]

6 hours ago, Emilia2117 said:

Hello! My husband is French and I am American. He wants to visit our new nephew who will be born in a couple weeks for about a month. He doesn't really have strong proof of ties to his country and we filed the I-130 a couple months ago. He doesn't have a lease or anything because he takes care of his mom at her house. She is old and needs the help especially since she recently recovered from cancer. His brother will help her during his travels. But he also only uses the train so he doesn't have a car. Trains in France are way more convenient where he lives and much more economical. He has is his bank account, a frail mother to get too, and the money he gives his family to help support them. He has friends he visits very regularly. But these aren't really strong ties? He will have a return ticket to, but it is required anyways. He would leave through Paris and arrive in Atlanta. 

 

Is there any chance he would be accepted to visit to meet his newborn nephew? If he is denied will our I-130 get canceled? Someone told me there is a 0% chance he will be accepted and they could cancel our I-130, he get deported and banned from entry for three years and it has me so scared to even try. What are the odds he could get in? 

If you connect in Dublin, rather than flying direct, they have Preclearance there.  Just have him bring as much proof of ties to his country as possible, most importantly his job.

Edited June 24, 2022 by JD2

[maybeariadne 3]

I have my interview scheduled, but my spouse is flying to the US a week before it because he's starting a new job there (we are both currently living overseas). I'm planning to go with him and help him move in and assemble furniture and stuff, and I'll have the interview schedule confirmation and my lease and employment verification and all that jazz. My main question is, can we go through immigration together or do we have to line up separately? 

[AnnaCa 63]

On 6/23/2022 at 11:38 PM, Emilia2117 said:

Hello! My husband is French and I am American. He wants to visit our new nephew who will be born in a couple weeks for about a month. He doesn't really have strong proof of ties to his country and we filed the I-130 a couple months ago. He doesn't have a lease or anything because he takes care of his mom at her house. She is old and needs the help especially since she recently recovered from cancer. His brother will help her during his travels. But he also only uses the train so he doesn't have a car. Trains in France are way more convenient where he lives and much more economical. He has is his bank account, a frail mother to get too, and the money he gives his family to help support them. He has friends he visits very regularly. But these aren't really strong ties? He will have a return ticket to, but it is required anyways. He would leave through Paris and arrive in Atlanta. 

 

Is there any chance he would be accepted to visit to meet his newborn nephew? If he is denied will our I-130 get canceled? Someone told me there is a 0% chance he will be accepted and they could cancel our I-130, he get deported and banned from entry for three years and it has me so scared to even try. What are the odds he could get in? 

Hi there, 

I have visited 4 times while we’ve been in the process, and never been denied entry. Today I got really basic questions, like how long we’ve been married, how far along in the process we are, how good I am at skiing (I am from Norway, and apparently the CBP officer knows that we ski a lot haha) and if I’m returning because of work. It is always a little scary and I feel interrogated, but I think that’s just how it is. It usually works out fine 😊

 

I have never shown any evidence of ties, just confirmed when I am returning to Norway! 
 

Good luck 🍀  

[JD2 72]

On 6/24/2022 at 7:32 AM, maybeariadne said:

I have my interview scheduled, but my spouse is flying to the US a week before it because he's starting a new job there (we are both currently living overseas). I'm planning to go with him and help him move in and assemble furniture and stuff, and I'll have the interview schedule confirmation and my lease and employment verification and all that jazz. My main question is, can we go through immigration together or do we have to line up separately? 

Most POEs are separate.  I know some preclearance sites are together like Abu Dhabi but most POEs have separate for citizens and non-citizens.

[intothelight2021 19]

On 6/24/2022 at 6:32 AM, maybeariadne said:

I have my interview scheduled, but my spouse is flying to the US a week before it because he's starting a new job there (we are both currently living overseas). I'm planning to go with him and help him move in and assemble furniture and stuff, and I'll have the interview schedule confirmation and my lease and employment verification and all that jazz. My main question is, can we go through immigration together or do we have to line up separately? 

Do you normally go through together or separately?

 

We always go as a family and use the non-citizen line. Granted, we also have small children so we prefer to go together. We have not yet travelled to the US since we submitted the I-130 but I think we would still go together, using the non-citizens line.

 

The reasoning: some border officers may find it funny (i.e. question your partnership) if you go separately. Having the US citizen right there may alleviate some of their concerns and would also allow the border officers to ask him/her questions, should they have any. It would also allow your US citizen partner to corroborate your statements. I do not really see any downside to this approach (but maybe I have a blind spot there, if so, let me know lol).

 

The reason we use the non-citizen line is that some border officers do no appreciate if non-citizens are in the line for citizens (since they technically should not be there), even if they are part of the family. We have experienced that and were also told the same by one or two officers. Yes, it will probably be a longer wait but it may be worth it. Some border officers in the past were appreciative that we chose the non-citizen line "even if you did not have to".

 

Just my two cents.

  

[GuidoArizona 13]

Next week - My fiancé is coming to the USA for a two-month visit (on ESTA from Europe).  Obviously he will not overstay!  Our I-130 is approved and we are waiting for the NVC to give us DQ status.  We would never do anything to mess that up. He has a copy of his return ticket, his job contract and his apartment lease from back in Europe to prove that he has a compelling reason to return. I also had my lawyer write him a letter to give to the Immigration People when he comes through the gate (in case he gets hassled).  Cross your fingers! 

 

[intothelight2021 19]

33 minutes ago, GuidoArizona said:

Next week - My fiancé is coming to the USA for a two-month visit (on ESTA from Europe).  Obviously he will not overstay!  Our I-130 is approved and we are waiting for the NVC to give us DQ status.  We would never do anything to mess that up. He has a copy of his return ticket, his job contract and his apartment lease from back in Europe to prove that he has a compelling reason to return. I also had my lawyer write him a letter to give to the Immigration People when he comes through the gate (in case he gets hassled).  Cross your fingers! 

 

Crossing my fingers for you! 

 

What points did your lawyer make in the letter? Wondering if we should do something like that.