i-130 Visitor Visa while pending I-130

[overthesea 0]

Me and my partner are looking for the best way to proceed. I'm from Italy, he's USC.

Since the waiting time is almost the same, we're leaning to get married and proceed with a CR-1 visa, more than picking the K1 path.
Our concern about this is the traveling while the I-130 is pending.

What are the chances of a tourist visa getting denied because of this? Would this be a problem only with a pending I-130 or also with a pending I-129F?
I know for this purpose there's the K3 visa, but the waiting time is the same so there's no point.
We are willing to wait for the whole procedure to go through, but not being able to see each other in the meantime would be crazy.

Thank you for the help!

[Verrou 1,949]

wont suggest K1. K1 is longer to process than CR1. paging @Crazy Cat

i think u can use ESTA if u are from Italy, dont see the reason u need to apply for tourist visa. 

K3 is dead.

Edited January 12, 2023 by Misscloud

[overthesea 0]

1 minute ago, Misscloud said:

wont suggest K1. K1 is longer to process than CR1. paging @Crazy Cat

i think u can use ESTA if u are from Italy, dont see the reason u need to apply for tourist visa. 

K3 is dead.

The tourist visa would allow me to stay longer

My concern is if they would let me in at customs, cause they might be suspicious since I'd have a pending I-130

[Verrou 1,949]

6 minutes ago, Tere&Cami said:

The tourist visa would allow me to stay longer

My concern is if they would let me in at customs, cause they might be suspicious since I'd have a pending I-130

it's at CBP discretion. just be honest. nothing u can do. 

if u can show strong ties with ur home country, u might waltz in easier

Edited January 12, 2023 by Misscloud

[overthesea 0]

4 minutes ago, Misscloud said:

it's at CBP discretion. just be honest. nothing u can do. 

if u can show strong ties with ur home country, u might waltz i easier

Thank you

I'm just worried about multiple entries too, maybe I'll make the first time, not sure if the second or third will work.

Do you know someone who experienced this?

[Crazy Cat 41,291]

5 minutes ago, Tere&Cami said:

The tourist visa would allow me to stay longer

My concern is if they would let me in at customs, cause they might be suspicious since I'd have a pending I-130

Immigrant intent is a factor for a B2.  Immigrant intent is established with either an I-129f or an I-130.  If your B2 is denied, you will, likely, lose your ESTA.  You can legally visit during the immigration process, but as @Misscloud stated, every entry is at the discretion of CBP.  Personally, I would travel for short visits via ESTA/VWP.  Please allow me to throw this in, too.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Yes, you can visit! - K-1 Fiance(e) Visa Process & Procedures - VisaJourney

[overthesea 0]

2 minutes ago, Crazy Cat said:

Immigrant intent is a factor for a B2.  Immigrant intent is established with either an I-129f or an I-130.  If your B2 is denied, you will, likely, lose your ESTA.  You can legally visit during the immigration process, but as @Misscloud stated, every entry is at the discretion of CBP.  Personally, I would travel for short visits via ESTA/VWP.  Please allow me to throw this in, too.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Thank you for putting down all pros/cons

But then my question is, if the time it's the same, why should someone without kids pick K1 instead of CR-1?

[Crazy Cat 41,291]

Just now, Tere&Cami said:

Thank you for putting down all pros/cons

But then my question is, if the time it's the same, why should someone without kids pick K1 instead of CR-1?

There are a few circumstances & some countries which might still warrant a K-1.  However, the introduction of the Utah Zoom marriage has overcome some of those. 

[overthesea 0]

6 minutes ago, Crazy Cat said:

There are a few circumstances & some countries which might still warrant a K-1.  However, the introduction of the Utah Zoom marriage has overcome some of those. 

Ok, last question, thank you for the help so far

I already have the driving license and the ssn because I was in the us with a J1 visa last year (that's how we met) (I entered and left the country when I was supposed, payed my taxes, all legit)
Having previous visa would change something?
Me already having license and ssn would make the k1 a better option?

[Crazy Cat 41,291]

1 minute ago, Tere&Cami said:

Having previous visa would change something?
Me already having license and ssn would make the k1 a better option?

1.  Imo, no.

2.  Imo, no.

[Verrou 1,949]

29 minutes ago, Tere&Cami said:

Thank you

I'm just worried about multiple entries too, maybe I'll make the first time, not sure if the second or third will work.

Do you know someone who experienced this?

many people did this. if u keep it short, and always go back when u need it too, i dont see it's gonna be an issue.

now if u want to stay there over 3 months per visit ( therefore u want the tourist visa), that might be a problem

[Verrou 1,949]

13 minutes ago, Tere&Cami said:

Ok, last question, thank you for the help so far

I already have the driving license and the ssn because I was in the us with a J1 visa last year (that's how we met) (I entered and left the country when I was supposed, payed my taxes, all legit)
Having previous visa would change something?
Me already having license and ssn would make the k1 a better option?

1. no 

2. no. its unrelated 

[carmel34 3,576]

44 minutes ago, Tere&Cami said:

we're leaning to get married and proceed with a CR-1 visa, more than picking the K1 path.
Our concern about this is the traveling while the I-130 is pending.

What are the chances of a tourist visa getting denied because of this?

I agree with others that the best path forward is to use ESTA for the person from Italy to come for short visits (a few weeks max) to the US during the I-130 and CR-1 processes.  Strong ties to Italy would be questioned in a B2 application with the intent to stay in the US for long visits, up to six months at a time.  Most people with strong ties to their home country have a job, own property, etc. which make it difficult to visit for five or six months.  Plus there is the relationship with a significant other in the US that will weaken further their ties to Italy.  The risk with a B2 is if it is denied, the person loses ESTA, so are you prepared to visit your love interest in Italy during the I-130/CR-1 process?

[JamieCO 11]

My son's Italian fiancée has visited 3 times with ESTA in the 1 1/2 years since filing K1.   She always brings proof of intent to return including the paid account at Rapid Visa. She has never been denied entry.   They have a 3 year old who is a a US citizen via CBRA, we are never sure if that helps of is the officer just doesn't want to risk a 3 year old tantrum! 

[Dashinka 24,150]

1 hour ago, carmel34 said:

I agree with others that the best path forward is to use ESTA for the person from Italy to come for short visits (a few weeks max) to the US during the I-130 and CR-1 processes.  Strong ties to Italy would be questioned in a B2 application with the intent to stay in the US for long visits, up to six months at a time.  Most people with strong ties to their home country have a job, own property, etc. which make it difficult to visit for five or six months.  Plus there is the relationship with a significant other in the US that will weaken further their ties to Italy.  The risk with a B2 is if it is denied, the person loses ESTA, so are you prepared to visit your love interest in Italy during the I-130/CR-1 process?

To the OP, don't gloss over this (bolded portion).  Applying for a B2 from a VWP/ESTA country already has a fairly high bar especially when you are already showing immigration intent.  Applying for a B2 and being denied will more than likely jeopardize you ability to use ESTA leaving you out in the cold as to visiting.  Short trips to visit, not bringing all your worldly possessions, etc. is probably your best course.

 

To @carmel34 +1,000!