Visiting the US after I-130 approval (but before NVC)?

[welkin 16]

I'm US citizen and my husband is South Korean. I'm in the US, he's in South Korea. Today we just found out that our I-130 has been approved!!!! Which is great, but he was planning to visit me for the holidays (ticket already booked for this Thursday). Will he be able to enter the US normally? I'm happy that we're moving forward in the process, but worried if him trying to come to the US will jeopardize the next steps. Thanks!

 

(I assume because this just happened, they haven't transferred the case to NVC yet.)

[Mike E 11,739]

 

[welkin 16]

4 minutes ago, Mike E said:

 

Thanks, I did see the pinned thread, but most of the posts were about pending I-130, I’m not sure if approved I-130 makes it harder or easier which is why I made this thread.

[dwheels76 5,468]

There's no issue.People travel back and forth through the process all the time.Matters not where in the process they are. Just be honest to the CBP officer and all is well.

And your file is sent within hours to days  so keep eye on your email for  Welcome letter.

[welkin 16]

1 hour ago, dwheels76 said:

There's no issue.People travel back and forth through the process all the time.Matters not where in the process they are. Just be honest to the CBP officer and all is well.

And your file is sent within hours to days  so keep eye on your email for  Welcome letter.

Thanks! That’s great relief, because we haven’t seen each other for so long, would hate to have to abandon this upcoming trip!

[Mike E 11,739]

7 minutes ago, welkin25 said:

Thanks! That’s great relief, because we haven’t seen each other for so long, would hate to have to abandon this upcoming trip!

Non citizens who don’t have LPR status are presumed to have immigration intent. The approved I-130 is strong evidence of intent. The onus is on the non citizen to provide evidence of no intent to file I-485.  That is a high bar.  It is true some, perhaps even most (especially if coming from a visa waiver/ exempt country) people with pending immigration visa processes are admitted under a B-1/B-2 status.  It is also true that some are denied for the reason that they have a pending or approved I-130 or similar petition. 

 

I wouldn’t cancel the trip (but wouldn’t have booked it either).  I’d be prepare to be denied at the port of entry. 

[AAnil 4]

My family was in the same situation earlier this year. They did not have any issues/questioning when they were here to visit me for 3 months (while still awaiting NVC processing). Just for my own comfort and peace of mind, I did give them a letter to carry. It was a letter I wrote addressed to the CBP officer. In the letter I explained the situation and attempted to help the officer understand the intent was only a short visit. In addition, I ensured that my family knew everything about the process so that they can convince the officer that there is absolutely no motive to violate any B1/B2 restrictions. And in fact there were every reason to return to host country.

 

In theory, the CBP officer can deny entry, but for most part they are reasonable and will accommodate genuine cases. I think they have many years of experience and over the years see many travelers with all sort of intent. So, they have pretty good instincts to identify a genuine case. 

 

I am sure it will all be fine. I wish you quality time with your husband and a very happy thanksgiving.

 

Anil

[welkin 16]

Update: my husband passed through the customs in JFK just fine! They didn’t give him any hard time at all. Thanks to all and happy Thanksgiving!

[thinpea 32]

On 11/23/2021 at 10:26 AM, dwheels76 said:

There's no issue.People travel back and forth through the process all the time.Matters not where in the process they are. Just be honest to the CBP officer and all is well.

And your file is sent within hours to days  so keep eye on your email for  Welcome letter.

Hi! I have a question regarding travelling with a pending I-130. We have only got the NOA1 thus far and I am wondering if CBP is notified at this early stage that we have filed an I-130? I am planning on travelling to visit my husband in the US in 2 weeks and I am worried about the scrutiny. Of course, I would be transparent with the officer when asked questions but I was just curious if they are aware of the I-130 at such an early stage. I currently still live with my parents and work from home so I wouldn't quite need to return in order to work so I'm not sure if my boss will write a letter saying I need to return by a certain date. I'm worried about proving my ties to Canada. 

[Mike E 11,739]

CBP can look up his record and see that there is a pending I-130