Travelling on tourist visa whilst waiting for I-130

[maybeariadne 3]

Just to update everyone, I sailed through US immigration last week with an approved i130. I was flying with my spouse, and we went through the non-citizen line together, and I was asked when my return flight was, and why I wasn't staying with my spouse--to which I answered that I will once I get through the immigrant visa application process. The CBP officer seemed quite happy with that and gave me the standard 6 months entry even though I told him I was only there for a quick visit. They didn't ask for any documents, and gave me the full 6 months entry stamp even for my quick trip. For the record I am a resident of a """low fraud""" country but a citizen of a """high fraud""" one.

[welkin 16]

Also to add a data point: my husband had I130 approved, waiting on NVC. We passed together through US custom preclearance  (in Calgary, Canada) without any trouble.

[BLC 112]

19 minutes ago, welkin said:

Also to add a data point: my husband had I130 approved, waiting on NVC. We passed together through US custom preclearance  (in Calgary, Canada) without any trouble.

These comments make me hopeful. We just submitted our petition this month and my husband is coming through Dublin preclearance at the end of September for a 3 week visit. We are really hoping he has no issues and CBP lets him through.
I honestly would think that having a petition submitted would give CBP more reason not to think there would be immigration intent during said visit. I look at it like this—if someone were planning on “bypassing” and either going an illegal route or AOS once in the country, they wouldn’t have spent all this time putting the package together and paying the fee, just to immigrate illegally. But I guess that’s just my thought process!

[intothelight2021 19]

On 7/19/2022 at 3:12 AM, maybeariadne said:

Just to update everyone, I sailed through US immigration last week with an approved i130. I was flying with my spouse, and we went through the non-citizen line together, and I was asked when my return flight was, and why I wasn't staying with my spouse--to which I answered that I will once I get through the immigrant visa application process. The CBP officer seemed quite happy with that and gave me the standard 6 months entry even though I told him I was only there for a quick visit. They didn't ask for any documents, and gave me the full 6 months entry stamp even for my quick trip. For the record I am a resident of a """low fraud""" country but a citizen of a """high fraud""" one.

Thanks for this update!!! Much appreciated and great to hear!

[8130093Bo 5]

Any new updates or experiences? My wife is a Canada PR, Indian Citizen. She has a B1 but never traveled to USA. We submitted i-130 4 months ago, still pending. 

[JD2 71]

8 minutes ago, 8130093Bo said:

Any new updates or experiences? My wife is a Canada PR, Indian Citizen. She has a B1 but never traveled to USA. We submitted i-130 4 months ago, still pending. 

B1 but not B2?  Canada has a lot of preclearance sites.

[8130093Bo 5]

I meant she has B1/B2, a tourist visa

[prtzelle 9]

Hi all! I have a quick update.

 

My CR1 consular interview is set up for August 23 and I went to the States on a B1/B2 visa on 7/21 and returned 7/31. For my own comfort I brought a bunch of paperwork in case I was questioned:  a copy of the interview letter, vacation form from my job, paystubs that clearly show I'm still employed. 

 

I traveled to the US to JFK airport from Dominican Republic.

 

I'm happy to say I could go in no trouble at all! I want to add I'd already traveled to the statea 2 times earlier this year prior to tis visit. They didn't question me or held me.

 

I still recommend you all to bring proof with you about your roots in your home country!

[Cynthia Gabriela 6]

On 7/30/2020 at 9:50 AM, Dags said:

hey guys,

 

i've been reading about travelling on tourist visa or visa waiver during I-130 pending approval and I've seen mixed feedback about it. Has anyone here actually travelled to US on tourist visa whilst waiting for approval? If so, did you get some trouble when entering US borders?

 

Thanks! 

Hi! I have been traveling with my tourist visa with no issues, I entered the US on June, came back on late July, and before that I came in December. Just always tell the truth if they ask, and have your ticket back ready to show.

[intothelight2021 19]

Also an update from our side:

 

Went through without any issues. Were not asked about GC process or pending I-130. Had a folder ready but was not needed.

 

Stage: Awaiting our I-130.

Travel: Entered in SFO. First time since filing of I-130

Waiting line: We used to the non-citizen line and went together as a family.

 

Good luck to everyone else!

 

 

 

[8130093Bo 5]

Also an update on our side:

Wife Indian Citizen, Canadian PR. 

Absolutely no issues or concerns by border patrol coming to USA on her visitor visa. They did ask how is the petition going, and wished her a speedy processing. 
This was also her first time entering on a USA Visitor Visa. 

[cphilipp 12]

I went through preclearance in Dublin with an approved I-130 and interview date in October without any issues. 

The officer did not mention the pending application at all and just asked me how long I was staying and where I was going. 

[Micam 32]

On 7/28/2022 at 3:32 PM, BLC said:

These comments make me hopeful. We just submitted our petition this month and my husband is coming through Dublin preclearance at the end of September for a 3 week visit. We are really hoping he has no issues and CBP lets him through.
I honestly would think that having a petition submitted would give CBP more reason not to think there would be immigration intent during said visit. I look at it like this—if someone were planning on “bypassing” and either going an illegal route or AOS once in the country, they wouldn’t have spent all this time putting the package together and paying the fee, just to immigrate illegally. But I guess that’s just my thought process!

Hey, do you have any updates on this?

 

I am considering changing my job to something more flexible so I can take longer breaks to the US (like 3-4 weeks instead of short 1 week ones) but I am concerned if this will be a problem at the borders with an ESTA once I file. Would love to hear what was asked and how this went!

[Chancy 6,241]

1 hour ago, Micam said:

I am considering changing my job to something more flexible so I can take longer breaks to the US (like 3-4 weeks instead of short 1 week ones) but I am concerned if this will be a problem at the borders with an ESTA once I file.

 

Working is not allowed while on ESTA in the US, whether you have an I-130 pending or not.

 

[Micam 32]

1 hour ago, Chancy said:

 

Working is not allowed while on ESTA in the US, whether you have an I-130 pending or not.

 

I wasn't going to work - by flexibility I meant I just wanted to be able to manage my time on projects instead of working 9-5 and having a set schedule. I would much rather work weekends/evenings if it meant I could see my partner more frequently.