Travelling on tourist visa whilst waiting for I-130

[angeljolie 188]

4 minutes ago, Dags said:

Ive got valid b1/2 visa with my maiden name and in my old now passport with maiden name. I’ve been told to carry both passport and marriage certificate and all should be fine 😊

Will definitely do that if and when I travel to the US. Thank you so much! 

 

Another question. Can I visit without my husband? I'm planning to visit my sister with my kids but without my USC husband (he can't take off from work). 

[Ariaren 6]

Hi guys !

 

just reading here that LAX is a hard time flying to (with CBP and stuff) if u have a I-130 pending..

Just wondering if someone could give me more info about it or someone who flew to LAX from Europe? 

 

thanks! 

 

 

[CS_Bradshaw 55]

7 hours ago, Ariaren said:

Hi guys !

 

just reading here that LAX is a hard time flying to (with CBP and stuff) if u have a I-130 pending..

Just wondering if someone could give me more info about it or someone who flew to LAX from Europe? 

 

thanks! 

 

 

I had a layover in LAX last Dec while I was having a pending I-130. The CBP officer asked me in details when he knew that I have a pending petition. He was making sure that I don't have any intentions to stay in the US that way because I am married to the US citizen. So he asked me to show him my return ticket and any valid ID/stay permit from the country where I reside atm. In the end he satisfied with my answers and the proof, so he let me in. 

[Chancy 6,241]

15 hours ago, angeljolie said:

Another question. Can I visit without my husband? I'm planning to visit my sister with my kids but without my USC husband (he can't take off from work). 

 

Yes, of course.  There is no requirement for you to fly in with your husband when you want to enter the US.

 

I live in the Philippines while we're waiting for our petition to be approved.  When I visit my husband in the US, I fly in by myself.  My passport and my B1/B2 visa list my maiden name.  I do carry a copy of our marriage certificate, but I've never been asked for it when I traveled pre-COVID times.

 

[bobjennyhitched 99]

On 7/30/2020 at 8:50 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! 

Yes you can. I did, about 10 times under an ESTA from the UK. Make sure you are prepared for questions, be honest, and as long as you have strong ties and  a return ticket, then you should be good. 

 

To add - I flew twice into Denver, once into Dublin (you can go through immigration there), the rest via Newark. Never had issues, most questions asked at Dublin.

Edited September 8, 2020 by bobjennyhitched
Adding airports travelled through

[angeljolie 188]

On 9/8/2020 at 1:04 PM, Chancy said:

 

Yes, of course.  There is no requirement for you to fly in with your husband when you want to enter the US.

 

I live in the Philippines while we're waiting for our petition to be approved.  When I visit my husband in the US, I fly in by myself.  My passport and my B1/B2 visa list my maiden name.  I do carry a copy of our marriage certificate, but I've never been asked for it when I traveled pre-COVID times.

 

Thanks! My concern was we won't be traveling with him AND he won't be in the US either (he lives with us in the Philippines).

 

But I guess that should not be a problem either. 

 

Many thanks again!  

[Chancy 6,241]

3 hours ago, angeljolie said:

Thanks! My concern was we won't be traveling with him AND he won't be in the US either (he lives with us in the Philippines).

 

Your husband not being in the US is actually better as far as CBP is concerned.  They care more about what would make you return to the Philippines than why you are visiting the US.  Still, bring proof of your other strong ties to home.  Also, I suggest you bring a copy of your NOA1 letter, but don't show it unless CBP brings up talk about you needing a spouse visa.

 

[angeljolie 188]

10 hours ago, Chancy said:

 

Your husband not being in the US is actually better as far as CBP is concerned.  They care more about what would make you return to the Philippines than why you are visiting the US.  Still, bring proof of your other strong ties to home.  Also, I suggest you bring a copy of your NOA1 letter, but don't show it unless CBP brings up talk about you needing a spouse visa.

 

Great advice. Thank you! 

[Angell Beal 4]

On 8/24/2020 at 12:29 AM, PBabz said:

I haven't seen any recent accounts of anyone making a trip to the US from the UK and I continue to be nervous.

I planned to see my husband during September, but work restraints meant I needed to move my dates forward so all plans are in place for me to head to the US via Washington DC this Friday. 

 

We are still at NVC stage with our application, July DQ date with a non-expedited case, so much like everyone else, no estimate for when I might be ready for interview at the embassy, but we thought it maybe best to see each other instead of holding out and waiting for my visa. 

 

I'll be travelling on my ESTA waiver as I don't have a visa, all the trips I've made to see him over the years, I've always gone on my waiver and not bothered for a visa.

 

Happy to update everyone on my journey over the weekend if that's helpful. Fingers crossed for smooth dealings with CBP when I arrive!! 

Hey there! How was your trip? Thanks so much for sharing.

[PBabz 137]

3 hours ago, Angell Beal said:

Hey there! How was your trip? Thanks so much for sharing.

My pleasure, hope it’s been helpful. 

The trip has been great, heading back home on Saturday after four weeks here. 
Uneventful as far as COVID goes, masks just about everywhere but not much social distancing. 
 

Glad to have made the journey and fingers crossed for some more embassy movement for everyone waiting. 

[JPAsp 0]

Hi,

We will get married in January in Spain. My boyfriend is a US citizen and I am Spanish.

Do you think it is possible to travel to the United States with him, stay a couple of months and start the I-130 process during this period of time ?

I have no intention of staying permanently as I am finishing my PhD in Spain, and we want to follow the I-130 process correctly.

 

Thank you

[Troy B 223]

8 hours ago, JPAsp said:

Hi,

We will get married in January in Spain. My boyfriend is a US citizen and I am Spanish.

Do you think it is possible to travel to the United States with him, stay a couple of months and start the I-130 process during this period of time ?

I have no intention of staying permanently as I am finishing my PhD in Spain, and we want to follow the I-130 process correctly.

 

Thank you

 

It is recommended that the i-130 is not filed when you are in the USA.   USCIS sometimes gets confused and thinks you are trying to adjust your status vs going thru the NVC and embassy.   And if they get confused,  that will cause a delay in you process.

[KrishnaBanana 8]

I was in and out of the US for the past 2 years with my tourist visa. Though we filed for the I-130 just last year. The only time I had a problem with reentry was during my last visit, because I've been spending way too much time in the US (probably more than 6 months in a year collectively). But my visits never exceed 6 months, I always leave before then.

 

During my last visit, I got detained for about an hour and was interviewed by an officer and warned me not to stay long. They did decrease my limit from 6 months to 4 months -- this is why I always look at my I-94 to check when I should go back. In the end, I got my schedule for a visa interview, scheduled a flight back to my country (then COVID happened and it got delayed for another 6 months, lol). They revoked my tourist visa, but it had no effect on my CR-1 visa since I never exceeded my stay.

[JPAsp 0]

On 10/2/2020 at 9:07 PM, Troy B said:

 

It is recommended that the i-130 is not filed when you are in the USA.   USCIS sometimes gets confused and thinks you are trying to adjust your status vs going thru the NVC and embassy.   And if they get confused,  that will cause a delay in you process.

Thank you TroyB,

 

We will change our plans and Fill the I-130 after my visit. Your answer has been very helpful

[Dags 134]

It seems to be pretty successful to travel with pending I-130 😊 

 

Did anyone travel to US whilst waiting for visa interview at an embassy?