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Travel to USA while I-130 pending

#1 Army_Wife

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Posted 29 February 2008 - 10:21 AM

I've checked the guides, and noticed that there doesn't appear to be a distinct answer to the question of ..... Should my Spouse travel to the USA while there is an I-130 pending and on the system?

Sure, I understand that you need to bring strong evidence of ties to the home country, showing that you have to return .... that it's only a visit .... and you're not just going to shirk the system and stay .... but, is there anyone on here that did take strong evidence and still get refused entry ??

I'm really torn between trying it or not ..... I'm enrolled in University at the moment on a specialised subject Engineering Degree (having a change of career) .... I get tons of holidays as opposed to my USC spouse .... and quite honestly, the frustration is getting to me ... as it gets to you guys too.

Sure, I've been advised not to attempt it both by an immigration lawyer and an immigration official .... as it depends on the mood of the immigration officer at POE (did he get his coffee that morning ?? etc) ..... and if I do get refused entry, it will have to be written on forms at the next stage of the process ..... which could look like a black mark .... and more FBI checks.

I've never stayed for the duration of my visa waiver allowance before anyway (allowed 3 months, but only stayed max of 6 weeks in the past) .... and even though I was questioned at the Atlanta POE before .... always going to the same address, is that your boyfriend?? ..... I wasn't married, there was no pending I-130 and quite honesty, the fact I was studying helped.

But this time would be different, as I was never nervous about being refused before.

I've read stories where they grill you for hours in a separate room, and access your email accounts to read personal emails between you and your partner .... before you get put on a flight back at your own expense, but surely not everyone has had that experience ?

So ..... who on here has tried to enter on a pending I-130 and got refused entry ??

Who got through ??

What information did you take with you ??

I'm not saying I'm going to try it, but it's interesting to know your experiences.
  • 0

#2 YuAndDan

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Posted 29 February 2008 - 10:40 AM

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to spousal visas too)

http://www.visajourn...cation.html#4.6
  • 0
OUR TIME LINE Please do a timeline it helps us all, thanks.
Is now a US Citizen immigration completed Jan 12, 2012.


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#3 Army_Wife

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Posted 29 February 2008 - 10:47 AM

QUOTE (YuAndDan @ Feb 29 2008, 03:40 PM) <{POST_SNAPBACK}>
FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to spousal visas too)

http://www.visajourn...cation.html#4.6


Thankyou, but I've read all of that .... and spoken to the US Embassy in London who infact said I can travel .... but was advised against it by an immgration lawyer and official who were in the US.

However .... this section is what I was referring to in my original post:

'Many people visit the US during the Process, but some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process'

Hence why I'm asking for experiences of those who've tried it
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#4 carterlovej

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Posted 29 February 2008 - 10:53 AM

My husband has traveled here twice since we filed our I-130. He did get questioned a lot in Amsterdam (via Minneapolis) but if you are honest, fully prepared, show strong ties to your home country, etc. I think you will be fine.

I know I'm not an immigrations officer, but you would think that my husband's zillion stamps in and out of the US would show that he comes here, stays, and then leaves, and follows the proper protocols. We aren't looking to cheat the system, just see each other every once in awhile.

Honestly, I would go. Be as prepared as possible and as honest as possible, but do be prepared in your heart that there is that *slight* risk of them not letting you in. That wouldn't stop me. It is legal to come here and visit with the petition pending.

My husband brought along such things as his rental agreement on his apartment, his job contract, his (large international computer company) work badge, an email from me showing that I had purchased a ticket for January to Madrid, etc.

Good luck!
  • 0
CR-1 | I-130 Timeline
I-130 Filed: 10/5/2007
I-130 NOA1: 01/09/2008
I-130 NOA2: 03/19/2008
Package 4 Received: 06/12/08
Interview in Madrid: 07/09/08 !!!!!!!!!

#5 Army_Wife

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Posted 29 February 2008 - 11:05 AM

QUOTE (carterlovej @ Feb 29 2008, 03:53 PM) <{POST_SNAPBACK}>
My husband has traveled here twice since we filed our I-130. He did get questioned a lot in Amsterdam (via Minneapolis) but if you are honest, fully prepared, show strong ties to your home country, etc. I think you will be fine.

I know I'm not an immigrations officer, but you would think that my husband's zillion stamps in and out of the US would show that he comes here, stays, and then leaves, and follows the proper protocols. We aren't looking to cheat the system, just see each other every once in awhile.

Honestly, I would go. Be as prepared as possible and as honest as possible, but do be prepared in your heart that there is that *slight* risk of them not letting you in. That wouldn't stop me. It is legal to come here and visit with the petition pending.

My husband brought along such things as his rental agreement on his apartment, his job contract, his (large international computer company) work badge, an email from me showing that I had purchased a ticket for January to Madrid, etc.

Good luck!


This sounds good ..... thankyou x
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#6 crazysamurai

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Posted 29 February 2008 - 11:58 AM

If there is even slight doubt of getting denial at POE and/or doubt of visa application getting more background check resulting in a delay, then I would say US citizen (you) should travel to foreign country to visit their spouse instead of having foreign spouse visit US. I don't think if US Citizen travels abroad to visit their spouse during process, then that wouldn't cause any problems with visa applications. Maybe other posters want to confirm if doing this the "other" way around is better or not.

CS


QUOTE (KipandSarahJayne @ Feb 29 2008, 09:21 AM) <{POST_SNAPBACK}>
I've checked the guides, and noticed that there doesn't appear to be a distinct answer to the question of ..... Should my Spouse travel to the USA while there is an I-130 pending and on the system?

Sure, I understand that you need to bring strong evidence of ties to the home country, showing that you have to return .... that it's only a visit .... and you're not just going to shirk the system and stay .... but, is there anyone on here that did take strong evidence and still get refused entry ??

I'm really torn between trying it or not ..... I'm enrolled in University at the moment on a specialised subject Engineering Degree (having a change of career) .... I get tons of holidays as opposed to my USC spouse .... and quite honestly, the frustration is getting to me ... as it gets to you guys too.

Sure, I've been advised not to attempt it both by an immigration lawyer and an immigration official .... as it depends on the mood of the immigration officer at POE (did he get his coffee that morning ?? etc) ..... and if I do get refused entry, it will have to be written on forms at the next stage of the process ..... which could look like a black mark .... and more FBI checks.

I've never stayed for the duration of my visa waiver allowance before anyway (allowed 3 months, but only stayed max of 6 weeks in the past) .... and even though I was questioned at the Atlanta POE before .... always going to the same address, is that your boyfriend?? ..... I wasn't married, there was no pending I-130 and quite honesty, the fact I was studying helped.

But this time would be different, as I was never nervous about being refused before.

I've read stories where they grill you for hours in a separate room, and access your email accounts to read personal emails between you and your partner .... before you get put on a flight back at your own expense, but surely not everyone has had that experience ?

So ..... who on here has tried to enter on a pending I-130 and got refused entry ??

Who got through ??

What information did you take with you ??

I'm not saying I'm going to try it, but it's interesting to know your experiences.

  • 0
USCIS
2008-03-01: I-130 Sent
2008-03-10: I-130 NOA1
2008-08-11: NOA2 I-130 - APPROVED

NVC
2008-08-14: Package forwarded to NVC
2008-08-25: DS3032 Generated and AOS Bill Generated
2008-08-26: IIN Obtained
2008-08-26: COA Emailed
2008-08-27: Paid AOS Bill (online)
2008-08-29: AOS Bill status "PAID" on NVC website
2008-08-29: AOS Bill and DS3032 hardcopy arrived in mail
2008-09-13: Paid IV Bill (online)
2008-09-05: COA Accepted by NVC
2008-09-05: Mailed I-864
2008-09-17: IV Bill status "PAID" on NVC website
2008-09-23 : Mailed DS-230
2008-10-01 : Case Complete
2008-11-01 : Medical Exam
2008-11-06 : VFS Office visit
2008-11-20 : Interview ...APPROVED
2008-11-22: Visa in Hand
2008-12-12 : POE in Chicago
2009-01-03 : Received Welcome Letter
2009-01-30 : Received Social Security #
2009-01-12: Received Another Welcome Letter w/ GC
2009-01-12 : Received Green Card

#7 YuAndDan

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Posted 29 February 2008 - 12:17 PM

QUOTE (crazysamurai @ Feb 29 2008, 11:58 AM) <{POST_SNAPBACK}>
If there is even slight doubt of getting denial at POE and/or doubt of visa application getting more background check resulting in a delay, then I would say US citizen (you) should travel to foreign country to visit their spouse instead of having foreign spouse visit US. I don't think if US Citizen travels abroad to visit their spouse during process, then that wouldn't cause any problems with visa applications. Maybe other posters want to confirm if doing this the "other" way around is better or not.

CS
Yes, that is good advise, or since the OP is from England, they can always work the trip to first go through Shanon, or Dublin Ireland, flights from those airports do US Immigrations PRE-Clearance, so if a problem happens, then the OP is not far from home.
  • 0
OUR TIME LINE Please do a timeline it helps us all, thanks.
Is now a US Citizen immigration completed Jan 12, 2012.


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Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,
Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

#8 AJS

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Posted 29 February 2008 - 01:01 PM

My husband is from England and he came here for a visit in January for 3 weeks. I was beyond stressed that the immigration officer would send him back, but they didn't! All they asked was what is reason for visiting the USA was and he said to visit family, which is not a lie. They did ask to see his return ticket and that was it. The visa didn't even come up. He was completely prepared and had a letter from his employer, mortgage statements, utility bills, but never had to show it.
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#9 Army_Wife

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Posted 29 February 2008 - 01:24 PM

QUOTE (YuAndDan @ Feb 29 2008, 05:17 PM) <{POST_SNAPBACK}>
QUOTE (crazysamurai @ Feb 29 2008, 11:58 AM) <{POST_SNAPBACK}>
If there is even slight doubt of getting denial at POE and/or doubt of visa application getting more background check resulting in a delay, then I would say US citizen (you) should travel to foreign country to visit their spouse instead of having foreign spouse visit US. I don't think if US Citizen travels abroad to visit their spouse during process, then that wouldn't cause any problems with visa applications. Maybe other posters want to confirm if doing this the "other" way around is better or not.

CS
Yes, that is good advise, or since the OP is from England, they can always work the trip to first go through Shanon, or Dublin Ireland, flights from those airports do US Immigrations PRE-Clearance, so if a problem happens, then the OP is not far from home.


I've looked into flights from Dublin and Shannon and Delta so far are the only airline that say they use the immigration pre-clearance for all flight to US .... however, they did say there was another 'small' check on arrival to US .... that is worrying, and I'm calling Dublin in the morning to clarify this mute point.

However .... it doesn't get around the fact of the possibility of immigrant visa delay due to further FBI checks following the visits into the US while the visa is still pending.

Has anyone on here actually been affected by these so stated possible delays ??



QUOTE (AJS @ Feb 29 2008, 06:01 PM) <{POST_SNAPBACK}>
My husband is from England and he came here for a visit in January for 3 weeks. I was beyond stressed that the immigration officer would send him back, but they didn't! All they asked was what is reason for visiting the USA was and he said to visit family, which is not a lie. They did ask to see his return ticket and that was it. The visa didn't even come up. He was completely prepared and had a letter from his employer, mortgage statements, utility bills, but never had to show it.


This does give hope to the question at hand .... thankyou x
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#10 carterlovej

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Posted 29 February 2008 - 01:45 PM

QUOTE (YuAndDan @ Feb 29 2008, 11:17 AM) <{POST_SNAPBACK}>
QUOTE (crazysamurai @ Feb 29 2008, 11:58 AM) <{POST_SNAPBACK}>
If there is even slight doubt of getting denial at POE and/or doubt of visa application getting more background check resulting in a delay, then I would say US citizen (you) should travel to foreign country to visit their spouse instead of having foreign spouse visit US. I don't think if US Citizen travels abroad to visit their spouse during process, then that wouldn't cause any problems with visa applications. Maybe other posters want to confirm if doing this the "other" way around is better or not.

CS
Yes, that is good advise, or since the OP is from England, they can always work the trip to first go through Shanon, or Dublin Ireland, flights from those airports do US Immigrations PRE-Clearance, so if a problem happens, then the OP is not far from home.


This is also good advice from YuAndDan... My husband flew through Amsterdam, so if there would have been any problems, he would have only had to get back to Madrid from Amsterdam rather than Chicago!

I don't know the answer about causing problems with visa applications. (In my case, hope not! LOL)
  • 0
CR-1 | I-130 Timeline
I-130 Filed: 10/5/2007
I-130 NOA1: 01/09/2008
I-130 NOA2: 03/19/2008
Package 4 Received: 06/12/08
Interview in Madrid: 07/09/08 !!!!!!!!!

#11 *Lynne*

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Posted 29 February 2008 - 02:29 PM

My husband is USC - I'm from UK. We have travelled numerous times to see each other during our four years of long distance relationship. For the first three years we were together (unmarried) I travelled over to see him about five times a year - each time for about a week to two weeks. I was always questioned about who I was seeing and saying "my boyfriend" usually just resulted in a raised eyebrow and a look at my return ticket. Sometimes they asked me what I did for a job and what my boyfriend did for a job. We both work for quite high profile companies so that usually made them happy. Since we got married last year I have been over twice. Suddenly I was very nervous about travelling as visiting a "husband" does sound suspicious. The first time was a month after we got married - I hadn't changed my name in my passport and we hadn't sent our I-130 in at that point. I told them I was there for a week's holiday - and there were no further questions.

The next visit over I had changed my name and passport. Also we had sent in the I-130. We sent it in Oct and I travelled over in Nov for Thanksgiving. But because of the delays we didn't have an NOA1 at that point so I didn't know if they had even opened it. I did take with me a letter from work confirming my return to work two weeks later. A letter from my landlady confirming my ongoing rental agreement. An invitation from my mother-in-law showing I was attending an official family party in my honour (she thought that might sway things if there was a problem) POE at Atlanta was fine - the only thing the IO was worried about was that I had a good Thanksgiving as it was my first one! BUT - the word husband or visa never came up so I didn't need to present my evidence anyway.

I am now planning to visit my husband for two weeks in April. We do have an NOA1 now so I should be 'in the system'. I will take the letter from work again and my rental agreement - I have a return ticket and my past good history of visiting for no more than two weeks at a time and leaving promptly. I hope this will be enough.

I'll keep you posted!
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#12 Army_Wife

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Posted 29 February 2008 - 03:19 PM

QUOTE (lsma @ Feb 29 2008, 07:29 PM) <{POST_SNAPBACK}>
My husband is USC - I'm from UK. We have travelled numerous times to see each other during our four years of long distance relationship. For the first three years we were together (unmarried) I travelled over to see him about five times a year - each time for about a week to two weeks. I was always questioned about who I was seeing and saying "my boyfriend" usually just resulted in a raised eyebrow and a look at my return ticket. Sometimes they asked me what I did for a job and what my boyfriend did for a job. We both work for quite high profile companies so that usually made them happy. Since we got married last year I have been over twice. Suddenly I was very nervous about travelling as visiting a "husband" does sound suspicious. The first time was a month after we got married - I hadn't changed my name in my passport and we hadn't sent our I-130 in at that point. I told them I was there for a week's holiday - and there were no further questions.

The next visit over I had changed my name and passport. Also we had sent in the I-130. We sent it in Oct and I travelled over in Nov for Thanksgiving. But because of the delays we didn't have an NOA1 at that point so I didn't know if they had even opened it. I did take with me a letter from work confirming my return to work two weeks later. A letter from my landlady confirming my ongoing rental agreement. An invitation from my mother-in-law showing I was attending an official family party in my honour (she thought that might sway things if there was a problem) POE at Atlanta was fine - the only thing the IO was worried about was that I had a good Thanksgiving as it was my first one! BUT - the word husband or visa never came up so I didn't need to present my evidence anyway.

I am now planning to visit my husband for two weeks in April. We do have an NOA1 now so I should be 'in the system'. I will take the letter from work again and my rental agreement - I have a return ticket and my past good history of visiting for no more than two weeks at a time and leaving promptly. I hope this will be enough.

I'll keep you posted!


Thankyou for this .... yes, please keep me posted.
It's the 'in the system' situation which worries me the most (and extra FBI checks)..... so, if you don't have any issues, that will sway me further.
I too have now changed my passport .... and the Husband thing does seem like a different thing to say.
However, I'm liking the letter from your US family .... that's a great idea.
X
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#13 *Lynne*

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Posted 29 February 2008 - 03:27 PM

This is an interesting post on VJ on the subject

http://www.visajourn...p;#entry1570178

read down to mateo's wife's experience. They clearly knew she was in the system but it worked out okay in that case.
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#14 Justin and Masako

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Posted 29 February 2008 - 05:39 PM

From what I have read and heard from my Senator's office, from the Dept. of State, from the Osaka/Kobe consulate, and from the USCIS, they all said that the foreign spouse could be denied entry but even if they are it would in no way effect the visa process. They never said anything about it causing extra name checks or black marks on your record. Where did you see this? If it was here could you post a link to the forum post?

My wife is coming to visit on the 5th of March (next week), Minneapolis, MN will be the POE. We have an I-130 pending (and have the NOA1), so I would be very interested to know more about this.

Thanks,
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#15 Army_Wife

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Posted 29 February 2008 - 06:17 PM

QUOTE (Justin and Masako @ Feb 29 2008, 10:39 PM) <{POST_SNAPBACK}>
From what I have read and heard from my Senator's office, from the Dept. of State, from the Osaka/Kobe consulate, and from the USCIS, they all said that the foreign spouse could be denied entry but even if they are it would in no way effect the visa process. They never said anything about it causing extra name checks or black marks on your record. Where did you see this? If it was here could you post a link to the forum post?

My wife is coming to visit on the 5th of March (next week), Minneapolis, MN will be the POE. We have an I-130 pending (and have the NOA1), so I would be very interested to know more about this.

Thanks,


I pulled the quote directly from this link

http://www.visajourn...cation.html#4.6

check out point 4.6 ..... this is what adds to the worry of not only being denied entry, but also for delaying the visa process sad.gif

hence asking for others experiences before embarking on a trip myself
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