Travelling on tourist visa whilst waiting for I-130

[AnnaCa 63]

23 hours ago, TedsGirl said:

Thank you kindly! I’m hoping to go soon for a longer visit than my last, in June when we got married🌻

Just remember to bring all required documents and it should be fine! Enjoy your time together 😊

[TedsGirl 192]

On 9/8/2021 at 2:09 PM, AnnaCa said:

Just remember to bring all required documents and it should be fine! Enjoy your time together 😊

I arrived last night and was permitted 90 days stay. I'm SO thankful!! 

 

I was nervous these last few days and couldn't find ANYWHERE online where someone visited their spouse this long on an ESTA. The Customs Officer was very gracious. I answered her questions truthfully. 

[Kokomo 2]

18 hours ago, TedsGirl said:

I arrived last night and was permitted 90 days stay. I'm SO thankful!! 

 

I was nervous these last few days and couldn't find ANYWHERE online where someone visited their spouse this long on an ESTA. The Customs Officer was very gracious. I answered her questions truthfully. 

That’s so great! I’m actually gonna visit my husband on ESTA next month, do you mind telling me what airport was your point of entry and what questions did they ask you? I’m sooo nervous to go as well! 

[TedsGirl 192]

On 9/11/2021 at 10:00 AM, Kokomo said:

That’s so great! I’m actually gonna visit my husband on ESTA next month, do you mind telling me what airport was your point of entry and what questions did they ask you? I’m sooo nervous to go as well! 

Thank you☺️
 

I departed from Vancouver airport and pre-cleared US Customs there in Canada. 
 

She asked me a few questions:

 

How long was I visiting for? How come for so long?
 

Who was I visiting?

 

How will I support myself while there?

 

Do I live in (the name of the city) I live in and have a place there to return to?

 

When was I last in America?

 

She then advised me about being careful not to spend too much time in America than outside, as that could jeopardize my immigration process. 
 

She also asked how we met and her and her other female colleague were saying “Oooh and awww” as I explained and how we want this to be my last big visit before, hopefully coming back permanently.

 

A very professional and gracious officer. I was indeed blessed!

 

I truly hope your experience is a good one too and you get to visit your husband next month🌻

 

Remember, answer truthfully and concisely. 

 

I hope this helps🙏🏿

 

[Kokomo 2]

4 hours ago, TedsGirl said:

Thank you☺️
 

I departed from Vancouver airport and pre-cleared US Customs there in Canada. 
 

She asked me a few questions:

 

How long was I visiting for? How come for so long?
 

Who was I visiting?

 

How will I support myself while there?

 

Do I live in (the name of the city) I live in and have a place there to return to?

 

When was I last in America?

 

She then advised me about being careful not to spend too much time in America than outside, as that could jeopardize my immigration process. 
 

She also asked how we met and her and her other female colleague were saying “Oooh and awww” as I explained and how we want this to be my last big visit before, hopefully coming back permanently.

 

A very professional and gracious officer. I was indeed blessed!

 

I truly hope your experience is a good one too and you get to visit your husband next month🌻

 

Remember, answer truthfully and concisely. 

 

I hope this helps🙏🏿

 

That went so well I’m so so happy for you! Hopefully it’s the same for me, thank you so much for telling me, have a great trip 🤩🤩

[rightsided 4]

Hello,

I am probably going to take the ESTA route for my spouse since the NVC has requested for further evidence on my case (which I assume means another 2-3 month wait after I submitted my documents).

My wife does not work at the moment, and our apartment lease in Japan will be expiring in November. I am in the U.S. now.

My questions:

How can my wife show an intent to return to her country (strong ties) if she doesn't work because she's caring for a newborn?

Also, on the same subject, I thought about buying her a round-trip ticket to show she will return, but I am worried about the Customers Officer giving her less time than  I would anticipate. Any way around this?

Thanks!

[AnnaCa 63]

On 9/20/2021 at 7:32 PM, rightsided said:

Hello,

I am probably going to take the ESTA route for my spouse since the NVC has requested for further evidence on my case (which I assume means another 2-3 month wait after I submitted my documents).

My wife does not work at the moment, and our apartment lease in Japan will be expiring in November. I am in the U.S. now.

My questions:

How can my wife show an intent to return to her country (strong ties) if she doesn't work because she's caring for a newborn?

Also, on the same subject, I thought about buying her a round-trip ticket to show she will return, but I am worried about the Customers Officer giving her less time than  I would anticipate. Any way around this?

Thanks!

Hi there,

 

while visiting the US on a visitor visa (like the ESTA), you should always have a return ticket, the CBP would think anything else is very suspicious. And I suppose your wife will return when her 90 days are up, so why not just book a flexible ticket?

 

Also where is she going to keep her things when she is vising you? Wherever she keeps them (if it is friends or family), maybe they can draw up a lease for her? Having proof of intent to return is hard when you are planning on moving, but having some evidence and just being honest at the border usually gets you a long way 😊

[Jens79 64]

On 9/20/2021 at 7:32 PM, rightsided said:

Hello,

I am probably going to take the ESTA route for my spouse since the NVC has requested for further evidence on my case (which I assume means another 2-3 month wait after I submitted my documents).

My wife does not work at the moment, and our apartment lease in Japan will be expiring in November. I am in the U.S. now.

My questions:

How can my wife show an intent to return to her country (strong ties) if she doesn't work because she's caring for a newborn?

Also, on the same subject, I thought about buying her a round-trip ticket to show she will return, but I am worried about the Customers Officer giving her less time than  I would anticipate. Any way around this?

Thanks!

Not only is a return-ticket a good idea when travelling on ESTA, it's a requirement. Without a return-ticket (or ticket out of the US) she will not be able to board the plane. It's not an option, it's a must-have.

While shortening the allowed stay from the normal 90 days is legally possible for the CBP to do, it's very uncommon that they do so. They can do it in some cases where they think it's a big risk of over-stay, but for 99% of travellers entering on ESTA, you're given 90 days regardless of how long you are planning to stay. The date on the stamp they use is set to whatever date 90 days in the future is and they don't fiddle with it for every passport they stamp.

Also, your wife is arriving from Japan, which in this case definitely is considered a low risk country. Most probably they won't ask more than one or two basic questions and that will be it. 

[JD2 71]

Has any beneficiary from a third world country (like India) successfully visited?  Beneficiary already has a B1/B2 visa

[JD2 71]

On 10/4/2020 at 1:19 AM, KrishnaBanana said:

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.

Did you carry any documents with you to prove non-immigrant intent?  if so, what kind? thanks

[Kelhec 0]

It is possible, but be careful.  My daughter’s fiancé racked up 5 months cumulative and had a return ticket prior to 6 month limit, a letter from the immigration attorney that they were waiting to file i130, and proof he was enrolled in university in Colombia.  They cancelled his visa and forced them to start the i130 process sooner than hoped.  The CBP officer tore everything up and was determined he was lying and had either worked in the US while here or was trafficking drugs.  We were later informed by our new attorney that they start getting crazy after about 3-4 months of visit time in a year.  Note, we have a new attorney because our last one didn’t warn us of this and now they have a visa cancellation to deal with during the process 

[rightsided 4]

Another question:

What happens if/when my wife's visa interview is scheduled while she's in the states? Is it possible for us to conduct the interview in the U.S. or will she need to return to her home country, interview, then come back to the U.S.?

[Chancy 6,241]

5 hours ago, rightsided said:

will she need to return to her home country, interview

 

^ This.

 

[JD2 71]

12 hours ago, Kelhec said:

It is possible, but be careful.  My daughter’s fiancé racked up 5 months cumulative and had a return ticket prior to 6 month limit, a letter from the immigration attorney that they were waiting to file i130, and proof he was enrolled in university in Colombia.  They cancelled his visa and forced them to start the i130 process sooner than hoped.  The CBP officer tore everything up and was determined he was lying and had either worked in the US while here or was trafficking drugs.  We were later informed by our new attorney that they start getting crazy after about 3-4 months of visit time in a year.  Note, we have a new attorney because our last one didn’t warn us of this and now they have a visa cancellation to deal with during the process 

Thank you for the info.  Did your daughter's fiancé carry any documents to prove non-immigrant intent?  We genuinely want to do it the right way.  She doesn't want to use her visitor visa to stay in the US and adjust status.  She literally can't due to work and we want to be able to travel internationally so we can't wait for advanced parole.  She only to visit me and meet my US friends but also for some professional conferences she wants to attend.

[Kelhec 0]

Yes he had a letter from the attorney stating he was returning to Colombia and they would wait to file later, a document from his university proving he was enrolled and had to return, and a return plane ticket.  It was a very traumatic experience and caused a lot of problems.  We learned it was mainly because he has been here 5 month before in the year so just watch cumulative time.  A good immigration attorney will advise you on this.  Ours never asked how long he had already been in the US this year so despite the fact it would have been under 6 months for the year he was flagged and the CPB officer wasn’t buying that he wasn’t planning to stay despite the evidence the contrary.  He even had the invitation to the wedding reception he was here to attend but nope.