Travelling on B1/B2 while I 130 is in process

[Mrsgarg 0]

Hi 

 

I have got my I 130 petition filed in september 2017. Its with Nebraska service centre right now , looking at the processing time lines I sort of got hopeless as it's taking way too long or maybe I was too hopeful in the beginning. Could someone please advise if and for how long travel to is to visit my spouse will be possible, I am currently holding a B1B2 visa. 

 

I am guessing that people like myself would have tried these options , would appreciate if you share your experiences and also if this is a viable option to go for

 

thabks for your help 

[Crazy Cat 39,254]

You can legally visit your spouse during the immigration process..  You must convince the officers at the border that you will return to your country.  Just answer all questions truthfully.

[Mrsgarg 0]

Thanks for the reply ,missileman. 

 

Could you please suggest the longest period that I could stay there , I was thinking for 3-4 months , do you think it's worth planning this long. Logically , I feel if at all they will allow it should be for a short period , for a month maybe? Though I want to stay there longer , i want to 😭

 

Also, I have been told by various attorneys that it's usually not a good idea to visit as it's on the cbp officer discretion and if they send you back because you have a dual intent being I 130 in process, the sending back could impact the I 130 processing. Hence I thought would be best to ask you all as many of you might have thought about availing this option or would already have done so.

 

why does I 130 at Nebraska takes so long , isn't there any hope that they will start processing faster. I don't want to stay away from my husband for so long 😖

 

Thanks Again for all help 

[BuiQuang 95]

u plan to visit or live here waiting for I-130?  visit ok.  live not ok.  what job give u 3-4 months off?  u no want cbp to think u using visitor visa to come live here 3-4 months.  

[Our Journey 73]

35 minutes ago, Mrsgarg said:

Thanks for the reply ,missileman. 

 

Could you please suggest the longest period that I could stay there , I was thinking for 3-4 months , do you think it's worth planning this long. Logically , I feel if at all they will allow it should be for a short period , for a month maybe? Though I want to stay there longer , i want to 😭

 

Also, I have been told by various attorneys that it's usually not a good idea to visit as it's on the cbp officer discretion and if they send you back because you have a dual intent being I 130 in process, the sending back could impact the I 130 processing. Hence I thought would be best to ask you all as many of you might have thought about availing this option or would already have done so.

 

why does I 130 at Nebraska takes so long , isn't there any hope that they will start processing faster. I don't want to stay away from my husband for so long 😖

 

Thanks Again for all help 

Visit for 4 months? Wow ur job is awesome. Ur pd is september 2017? and u dont want to stay away from ur husband? Be prepaire to stay away for 2 years.

[Mrsgarg 0]

I plan to only visit and have a complete intent to come back at home. However , I have travelled a few times to US on business before and was always given an I 94 for 6 months so was thinking if you can by ofcourse telling truth to the CBP office has a chance to be given the I 94 for that long again 

 

I don't want to take any risk , if by people experience , I could only be allowed for a shorter duration , I should only plan for that

 

 

 

[Mrsgarg 0]

4 minutes ago, Jose Michelena said:

Visit for 4 months? Wow ur job is awesome. Ur pd is september 2017? and u dont want to stay away from ur husband? Be prepaire to stay away for 2 years.

That's bad news 😒 I was thinking to quit and go btw . I would just like to stay positive and wish that the processing time get faster for everyone .Thanks for your reply though 

[BuiQuang 95]

2 minutes ago, Mrsgarg said:

That's bad news 😒 I was thinking to quit and go btw . I would just like to stay positive and wish that the processing time get faster for everyone .Thanks for your reply though 

u quit job to go vacation for 3-4 months?  no.  u quit job to move to us, then short trip home for interview, then back to us.

 

people do not quit job to go on vacation.  people quit job to move to us.  

[Our Journey 73]

6 minutes ago, Mrsgarg said:

That's bad news 😒 I was thinking to quit and go btw . I would just like to stay positive and wish that the processing time get faster for everyone .Thanks for your reply though 

U have to be carefully and dont complicate ur case. Just visit for 2 weeks and return to ur country. Look it by this side u have a B2 visa and u can visit ur husband many of us dont have that option.

[Mrsgarg 0]

3 minutes ago, BuiQuang said:

u quit job to go vacation for 3-4 months?  no.  u quit job to move to us, then short trip home for interview, then back to us.

 

people do not quit job to go on vacation.  people quit job to move to us.  

Yeah .. I guess you  are right though my intention is really to come back , quitting job would not be a good idea atleast the Officers will not be convinced that I really want to come back as I will have to be present here for the consulate processing

[Mrsgarg 0]

1 minute ago, Jose Michelena said:

U have to be carefully and dont complicate ur case. Just visit for 2 weeks and return to ur country. Look it by this side u have a B2 visa and u can visit ur husband many of us dont have that option.

Yes, you are right Jose. Which is why I want to have views from people like yourself who must be having first hand experience with the I 130 petition.I am just anticipating things right now hence thought abt the 3-4 month period. Thanks again 

[BuiQuang 95]

1 minute ago, Mrsgarg said:

Yeah .. I guess you  are right though my intention is really to come back , quitting job would not be a good idea atleast the Officers will not be convinced that I really want to come back as I will have to be present here for the consulate processing

no one stupid cuz everyone go back for interview.  that do not matter.  going back for interview no matter.  u trying to live in us on visitor visa is problem.  going back for interview do not mean u no abuse visitor visa to live in us.

[SusieQQQ 11,584]

18 minutes ago, Mrsgarg said:

That's bad news 😒 I was thinking to quit and go btw . I would just like to stay positive and wish that the processing time get faster for everyone .Thanks for your reply though 

Yeah one way to help convince the CBP officer you plan to go back is to have a letter from your company saying you are still employed by them and are on vacation for x weeks returning y date. You arrive at the border supposedly on a visit while I130 in process and CBP officer finds out you just quit your job, s/he gonna be very suspicious indeed about your actual intentions. 

[Mrsgarg 0]

21 minutes ago, SusieQQQ said:

Yeah one way to help convince the CBP officer you plan to go back is to have a letter from your company saying you are still employed by them and are on vacation for x weeks returning y date. You arrive at the border supposedly on a visit while I130 in process and CBP officer finds out you just quit your job, s/he gonna be very suspicious indeed about your actual intentions. 

Thanks for your response. Yes, I guess it's best to stay in a job if I want to visit. What are the other options to prove your intent to go back to your country other than the job. I don't think there are many other options to prove this. 

 

I wonder though why would they suspect ones intention since the petition is already filed

 

i would have gone for a k3 Visa but I have heard it takes as long as the CR 1 processing

[SusieQQQ 11,584]

1 hour ago, Mrsgarg said:

 

 

I wonder though why would they suspect ones intention since the petition is already filed

 

i would have gone for a k3 Visa but I have heard it takes as long as the CR 1 processing

It’s precisely because the petition is filed that they suspect your intentions. You’ve expressed immigrant intent already but a B1/B2 is a non-immigrant visa. You cannot enter on a NIV with the intent to immigrate on that visit. If you’ve quit your job then it looks as though you are planning to enter permanently while using your NIV to do so ...illegal.