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paulzxc

Can my Daughter travel while waiting for her i-130 approval ? ( U.S Citizen )

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Filed: Citizen (apr) Country: Russia
Timeline

Need more detail of the situation.  People can come and go into the US as long as they have valid documents for US entry even with an I130.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Travel from where? For how long? How old is she? Does she already have a valid B-2? Is she from a VWP country? 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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6 hours ago, Dashinka said:

Need more detail of the situation.  People can come and go into the US as long as they have valid documents for US entry even with an I130.

But always subject to CBP discretion on entry, and (if daughter over 21) possibly subject to travel ban due to country of origin/residence/transit 

 

Also it is not actually clear to me from OP if daughter is outside US (as previous comments assume) or in it at the moment (in which case has 485 been filed and AP required?)

Edited by SusieQQQ
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44 minutes ago, paulzxc said:

She is 20 years old from Philippines . She still in Philippines and we still waiting for her approval of i-130 as well. She does not have any Visa as of now.

To answer your question, it is technically possible for her to travel to the US. But a young Filipina has a high chance of being refused a visitor visa. It is very very difficult for young Filipinos to get a visitor visa to the US, especially if they are already showing they want to immigrate to the US (having a pending I-130).

 

But the only way to know is for her to apply and see. She may get lucky.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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12 hours ago, Unlockable said:

To answer your question, it is technically possible for her to travel to the US. But a young Filipina has a high chance of being refused a visitor visa. It is very very difficult for young Filipinos to get a visitor visa to the US, especially if they are already showing they want to immigrate to the US (having a pending I-130).

 

But the only way to know is for her to apply and see. She may get lucky.

What is the best thing we should do ? 

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2 hours ago, paulzxc said:

What is the best thing we should do ? 

Best thing for you to do is to inform her to apply. The best thing she can do is apply. there is nothing that you can for her for a visitor visa. The B2 visitor visa process is different than a I-130 immigrant visa. There is no sponsoring a visitor visa. So your daughter has to apply on her own. She has to show that she has strong ties to her home country.

 

Most successful B2 applicants from there showed that they are stable, with souse and kids, owning houses and successful businesses, working a stable high level job, and have traveled to other countries successfully. But some people don't have these things so they can't show what they don't have. The harsh reality of it is that some people never get approved for a visitor visa no matter how many times they apply. But sometimes people get lucky and get approved. So all she can do is try. 

 

If she gets denied, at least she will still be able to immigrate later via your I-130 petition.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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13 hours ago, paulzxc said:

What is the best thing we should do ? 

 

Nothing you can do right now but to wait until the US embassy in Manila resumes routine B1/B2 visa services.  Then your daughter can apply on her own.  But set your expectations low.  With a pending I-130 petition, it will be difficult for her to overcome the presumption of immigrant intent.

 

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