Travel during process

[confused2 0]

My lawyer is filing our I-129F and I-130 forms this week. We've been told (more than once) it is not a good idea for my wife, a Dane, to try to visit the US during the processing time. Naturally, not only do we find this tough emotionally but also a ridiculous rule. My question: Is there any type of visa that would allow her to visit here (for any amount of time) without putting her visa application in jeopardy?

I go to Denmark as much as possible, but there is a limit how much time I can spend there due to work.

[payxibka 10,045]

My lawyer is filing our I-129F and I-130 forms this week. We've been told (more than once) it is not a good idea for my wife, a Dane, to try to visit the US during the processing time. Naturally, not only do we find this tough emotionally but also a ridiculous rule. My question: Is there any type of visa that would allow her to visit here (for any amount of time) without putting her visa application in jeopardy?

I go to Denmark as much as possible, but there is a limit how much time I can spend there due to work.

Her visa application (when she actually gets to apply) will not be in jeopardy because of lawful US visits.

Your spousal petition (I-130, I-129F) will not be in jeopardy because she has visited or is visiting.

Her physical entry into the USA could be denied at the border, if the officer suspects immigrant intent on that visit.

This situation is very different than a visa in jeopardy, and I am not aware of any common visa (other than the IR(CR)1 or K-3 that you have begun the process for) that she could, get that would help increase her chance of entry.

Edited September 22, 2008 by payxibka

[Big Papa Zone 93]

Why would she need a visa to visit you when Denmark is a participating country in the VWP scheme?

[confused2 0]

Why would she need a visa to visit you when Denmark is a participating country in the VWP scheme?

because, as the previous reply noted, immigration fears she might be trying to stay here permanent before she receives her visa.

[Big Papa Zone 93]

Why would she need a visa to visit you when Denmark is a participating country in the VWP scheme?

because, as the previous reply noted, immigration fears she might be trying to stay here permanent before she receives her visa.

Well I can only tell you the score from my own personal perspective, and that was that I had absolutely no issues whatsoever going to and from America whilst applying for my visa. Many other VJ'ers have also come and gone with no issues at all. Do you or your wife feel that U.S. immigration should have any particular reason to suspect that she'll try and stay? If not, I'd respectfully suggest that you've nothing to worry about, provided that you follw a few simple ground rules:

1) Make sure that she only visits for a few weeks at a time

2) Leave at LEAST

[Big Papa Zone 93]

Why would she need a visa to visit you when Denmark is a participating country in the VWP scheme?

because, as the previous reply noted, immigration fears she might be trying to stay here permanent before she receives her visa.

Well I can only tell you the score from my own personal perspective, and that was that I had absolutely no issues whatsoever going to and from America whilst applying for my visa. Many other VJ'ers have also come and gone with no issues at all. Do you or your wife feel that U.S. immigration should have any particular reason to suspect that she'll try and stay? If not, I'd respectfully suggest that you've nothing to worry about, provided that you follw a few simple ground rules:

1) Make sure that she only visits for a few weeks at a time

2) Leave at LEAST 3 months before she attempts to visit again, and try not to use the VWP any more than twice a year.

3) When she does visit, tell her to make sure she's got plenty of evidence tying her to her home country (letter from employer, rental agreement, mortgage statement etc...)

Contary to popular myth, immigration at point of entry have no idea that you're applying for a K3 (or any other visa) so quite frankly, there's nothing to worry about.

[Fernanda O. 0]

I think that's really stupid too, I mean, if you're going through all this process, it means you wanna do things right and not just go and stay ilegally, right?

I'm not married yet, we're going through the K1 process and I went to visit twice, with no problems whatsoever. But I did not mention my fiance and I was not asked about him, so I supposed they didn't know about the process. It's really up to you, when I went I knew that was a possibility I'd be denied entry, but since I knew it wouldn't jeopardize my K1 I just took my chances, cause we couldn't deal with the distance. The worst that'll happen is loosing your plane ticket.

[payxibka 10,045]

Contary to popular myth, immigration at point of entry have no idea that you're applying for a K3 (or any other visa) so quite frankly, there's nothing to worry about.

Tell that to the multitudes who have experienced a denied entry....

[Big Papa Zone 93]

I think that's really stupid too, I mean, if you're going through all this process, it means you wanna do things right and not just go and stay ilegally, right?

I'm not married yet, we're going through the K1 process and I went to visit twice, with no problems whatsoever. But I did not mention my fiance and I was not asked about him, so I supposed they didn't know about the process. It's really up to you, when I went I knew that was a possibility I'd be denied entry, but since I knew it wouldn't jeopardize my K1 I just took my chances, cause we couldn't deal with the distance. The worst that'll happen is loosing your plane ticket.

Precisely. And the worst won't happen if the OP's wife follows my simple ground rules.

[confused2 0]

Why would she need a visa to visit you when Denmark is a participating country in the VWP scheme?

because, as the previous reply noted, immigration fears she might be trying to stay here permanent before she receives her visa.

Well I can only tell you the score from my own personal perspective, and that was that I had absolutely no issues whatsoever going to and from America whilst applying for my visa. Many other VJ'ers have also come and gone with no issues at all. Do you or your wife feel that U.S. immigration should have any particular reason to suspect that she'll try and stay? If not, I'd respectfully suggest that you've nothing to worry about, provided that you follw a few simple ground rules:

1) Make sure that she only visits for a few weeks at a time

2) Leave at LEAST 3 months before she attempts to visit again, and try not to use the VWP any more than twice a year.

3) When she does visit, tell her to make sure she's got plenty of evidence tying her to her home country (letter from employer, rental agreement, mortgage statement etc...)

Contary to popular myth, immigration at point of entry have no idea that you're applying for a K3 (or any other visa) so quite frankly, there's nothing to worry about.

Thanks for the feedback. I was hoping someone with firsthand experience would comment. My lawyer says it is not a good idea for her to try. No, not illegal, but it could muck things up. She (my lawyer) is very cautious. No, my wife has not done anything illegal. She has made a number of visits over the past couple of years but always left before her tourist visa ran out. Last time she arrived immigration told her that they thought she had visited quite a bit and 'recommended' that she did not try again for a while. They did not define 'a while'. This all led to us getting married and now the visa application.

[payxibka 10,045]

Thanks for the feedback. I was hoping someone with firsthand experience would comment. My lawyer says it is not a good idea for her to try. No, not illegal, but it could muck things up. She (my lawyer) is very cautious. No, my wife has not done anything illegal. She has made a number of visits over the past couple of years but always left before her tourist visa ran out. Last time she arrived immigration told her that they thought she had visited quite a bit and 'recommended' that she did not try again for a while. They did not define 'a while'. This all led to us getting married and now the visa application.

It will NOT 'muck' up your visa process (either the petition or visa application).

Frequency and purpose of visit could "muck" up her entry attempt.

Even a denied entry will NOT 'muck' up your process.

[Big Papa Zone 93]

Contary to popular myth, immigration at point of entry have no idea that you're applying for a K3 (or any other visa) so quite frankly, there's nothing to worry about.

Tell that to the multitudes who have experienced a denied entry....

You're not listening, payxiba - I never said that people weren't denied entry, I said that point of entry immigration officers had no information on people's K visa applications on their airport terminals. And they don't.

The "multitudes" to whom you refer were denied entry for a whole host of reasons I'm sure (including misuse of the VWP) but that doesn't alter the fact that K visa application information is not available to POE immigration officials on their airport terminals.

Edited September 22, 2008 by Damian P

[confused2 0]

Contary to popular myth, immigration at point of entry have no idea that you're applying for a K3 (or any other visa) so quite frankly, there's nothing to worry about.

Tell that to the multitudes who have experienced a denied entry....

Out of curiosity, what do you base the word "multitudes" on? Do you have some statistics you can quote?

[payxibka 10,045]

Contary to popular myth, immigration at point of entry have no idea that you're applying for a K3 (or any other visa) so quite frankly, there's nothing to worry about.

Tell that to the multitudes who have experienced a denied entry....

Out of curiosity, what do you base the word "multitudes" on? Do you have some statistics you can quote?

No statistic just simple math. There are several individuals here on VJ that have experienced this and since VJ is a microcosm then it is not difficult to make this presumption.

[payxibka 10,045]

You're not listening, payxiba - I never said that people weren't denied entry, I said that point of entry immigration officers had no information on people's K visa applications on their airport terminals. And they don't.

The "multitudes" to whom you refer were denied entry for a whole host of reasons I'm sure (including misuse of the VWP) but that doesn't alter the fact that K visa application information is not available to POE immigration officials on their airport terminals.

I understand completely and agree with what you said but there is no listening problem. To close your sentence with "there's nothing to worry about" is incredibly "blanket" in nature and could be easily misunderstood.