Travel to USA while I-130 pending

[GabiandVi 34]

I asked this question and was also directed to the FAQ which doesn't really answer the question. Since then I have read your thread and a couple of others on the same topic. I've decided to wait until after my husband has entered on his visa to file our I-130, but it would be interesting to perhaps word the question in a different way. The responses I've read are of two types. The first type offers speculation about the answer. The other type offers first-hand experience. The only first-hand experience I've read is that while the beneficiary of an I-130/I-129f travelling on a B-1/B-2 has been questioned at the POE, no one has been turned back. It might be interesting to illicit only responses from people with first-hand experience who have been denied entry on their B-1/B-2s simply by virtue of their pending I-130 or I-129f.

Another question is that in one thread on this topic someone said that if you are in the US on a B-1/B-2 when your I-130 or I-129f is denied, you have to wait two years before you can reapply. I'm not sure there is any validity to this statement. I've asked for clarification and a source, but I haven't seen one yet. I'm still very new and ignorant about this whole thing, but it seems to me the two things are not related. The B-1/B-2 is a straightforward visa. It is legal and travelling on it is legal. It is not linked to the I-130 or the I-129f in any way. I can understand if you came on a non-immigrant visa of any sort and then applied for a change of status to an immigrant visa and were denied, then you might have a wait period before you could reapply, but if you do not overstay your B-1/B-2, I can't see how legally visiting the US with full knowledge of your embassy which granted the visa and immigration who let you into the country could in any way affect your application for an immigrant visa except in a positive way. Does anyone know about this?

[*Snowdrop* 603]

Hi Sarah Jayne - just to update you I entered the US successfully under the VWP today - no hassle at all and no mention of the visa at all. Just the following brief but odd exchange:

IO: Purpose of visit?

ME: Vacation

IO: Who are you staying with?

ME: My husband

IO: (Deep stare at me) How long are you staying?

ME: Two weeks

IO: Have you ever lived in Florida

ME: No (thinking - what?)

IO: Do you have any relatives in Florida

ME: No (what?)

IO then stamped all the forms and told me to have a nice vacation. Simple and quick. I was very pleased and surprised. I didn't have to show any of my evidence for return to the UK. For reference I had:

Return ticket

Letter from work

Rental agreement letter

Old passport to show good history of short stays and returns to the UK

So for those applying for a spousal visa and able to use the VWP it can be done. I'm now going to enjoy two weeks with my husband!

Clearly someone with my name or similar is doing something bad in Florida but my basic answer of no seemed to reassure her that it wasn't me.

[Army_Wife 2]

Hi Sarah Jayne - just to update you I entered the US successfully under the VWP today - no hassle at all and no mention of the visa at all. Just the following brief but odd exchange:

IO: Purpose of visit?

ME: Vacation

IO: Who are you staying with?

ME: My husband

IO: (Deep stare at me) How long are you staying?

ME: Two weeks

IO: Have you ever lived in Florida

ME: No (thinking - what?)

IO: Do you have any relatives in Florida

ME: No (what?)

IO then stamped all the forms and told me to have a nice vacation. Simple and quick. I was very pleased and surprised. I didn't have to show any of my evidence for return to the UK. For reference I had:

Return ticket

Letter from work

Rental agreement letter

Old passport to show good history of short stays and returns to the UK

So for those applying for a spousal visa and able to use the VWP it can be done. I'm now going to enjoy two weeks with my husband!

Clearly someone with my name or similar is doing something bad in Florida but my basic answer of no seemed to reassure her that it wasn't me.

Thankyou for this information .... it really does help. Husband is coming in 10 days to visit me for a week and I'm compiling my paperwork for ties to England and will probably be looking at attempting entry on VWP a couple of weeks afterwards.

Have a great trip xx

[MsZ 6]

My husband visits regularly but he drives in from Canada. I don't know that his experience is the same as coming from farther away via plane. However, he does travel w/proof of ties just in case. He's never needed them. Interestingly, the one guard who did talk to me about it prior to our wedding told me that he always turns people away when their application is pending. I guess Mike hasn't gotten him (yet).

Mike tells them he's going to visit his wife. Sometimes they ask if he's going to move there, sometimes not. Most of the time it is just standard questions (purpose of visit, anything you are bringing in, length of visit.) He's been doing this about every other week for 6 months since we got married.

Still, there is zero guarantee. So, the theoretical advice is based on the reality. You can try. You have no way to know if you'll be turned away. It is the luck of the draw of officers. That's the unfortunate reality.

[*Snowdrop* 603]

I entered the US again yesterday under the VWP - this time I wasn't asked at all who I was staying with. They just wanted to know why I was there. When I said for a vacation they seemed perfectly happy.

I had letters from work and the person I rent from showing my intention to return to the UK but they weren't needed.

[kaun 0]

My wife made an attempt to get the visitor visa to US while our application for I-130 & I-129F are pending but unfortunately at the US embassy in New Delhi she was denied despite of my several detailed explanations and also my cousin's wedding invitation. But I had a hope and tried after few weeks guess what this time we hit the jackpot and she was approved for visitor visa (multiple entry to the US) also she did not have any problem at port of entry (Newark). I think it is matter of destiny but again it does not hurt to take a shot.

[TVN 0]

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.

My wife got denial B2 visa as tourist while I-130 pending. Your spouse's chance is 30%. If you think that it's a long way to get visa from I-130 is more than 6 months. It's worth to give it a shot. Other than that, you should keep waiting. It's not worth to do it given the cost ($131), time waiting, heart-beat skipping while waiting for the interview.

[paulryan21 0]

Hi - firstly thanks to everyone for posting. This information has been very helpful.

My wife is from Atlanta, I am Australian and we have been living in London.

My wife headed to the US after Christmas while I waited on London for my approval.

I was able to visit for three weeks in late January, early Feb. The London embassy website says visits are permissable. I followed that up with a call.

To be extra careful, I flew via Shannon in Ireland where they do immigration clearance before you actually take off.

I took a bunch of paperwork including the lease for our place in London, letter form my UK employer, lots of stuff.

What did I need - absolutely nothing !!!! Not a single question was asked - a lot of stress endured for nothing.

We had a great three weeks and I was able to be present for when we had the first scan - we're expecting our first child in September.

I now have my interview date confirmed and plan to be back in the US very soon.

Thanks again to everyone for posting.

[His_Wifey 1]

Hi - firstly thanks to everyone for posting. This information has been very helpful.

My wife is from Atlanta, I am Australian and we have been living in London.

My wife headed to the US after Christmas while I waited on London for my approval.

I was able to visit for three weeks in late January, early Feb. The London embassy website says visits are permissable. I followed that up with a call.

To be extra careful, I flew via Shannon in Ireland where they do immigration clearance before you actually take off.

I took a bunch of paperwork including the lease for our place in London, letter form my UK employer, lots of stuff.

What did I need - absolutely nothing !!!! Not a single question was asked - a lot of stress endured for nothing.

We had a great three weeks and I was able to be present for when we had the first scan - we're expecting our first child in September.

I now have my interview date confirmed and plan to be back in the US very soon.

Thanks again to everyone for posting.

hi all... thats cool to know... did you tell them you re visiting your wife? im really scared about trying to get in the states while the paperwork is in process... now we got the VW in my home country as well.... maybe that will help? and how is it that they do the immigration clearance in Shannon? I mean then what do you do when you get in USA?

[Moosker 7]

I've been across the border a TON of times!!! I'm always honest and only answer the questions that they ask you. Don't tell them your life story unless they ask!

I usually brought along pay stubs from my employer (proving I've been working) papers from my Ontario student loan proving I had something tying me to Canada. Also bank statements, the most recent ones.

I've never ever had a problem with going to visit my hubby in the U.S. Even now during the NVC process. Just be honest and be prepared!

I also photocopied our marriage certificate, and any NOA's or anything we've received the USCIS/NVC just incase they want to see evidence.

Good luck!

[jurod16 0]

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.

I believe it depends on the country your spouse is coming from, I was planning on bringing my wife here to the U.S. at least to get her her military dependent ID card, get her in tri-care so she'd have her medical ready to go as well as to help us secure housing here on base. I spoke with this one individual who told me they tried to bring their wife here on a visitors visa and the immigrations officer denied his wife the visitors visa and off record, if he were to grant his wife the visa he'd loose his job. But I have heard about people getting granted their visitor visas from other countries so this is the reason I believe it depends on the country your spouse is coming from.

jurod16

[ruby_jade 0]

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.

I believe it depends on the country your spouse is coming from, I was planning on bringing my wife here to the U.S. at least to get her her military dependent ID card, get her in tri-care so she'd have her medical ready to go as well as to help us secure housing here on base. I spoke with this one individual who told me they tried to bring their wife here on a visitors visa and the immigrations officer denied his wife the visitors visa and off record, if he were to grant his wife the visa he'd loose his job. But I have heard about people getting granted their visitor visas from other countries so this is the reason I believe it depends on the country your spouse is coming from.

jurod16

hey there! i got a military id card from our embassy here in manila, im on deers and tricare.

maybe you can try that in her own consulate.

[jimmy0022 0]

Hello all...

here is my problem...

i tried to get to USA in 2001 and was denied like 2 time at the embassy in vienna ( Visitor Visa B2 ) i was not Austrian citizen by that time.

in 2010 i got my austrian citizenship and i tried to apply for the VWP (esta) i got approvet even with 1 yes answer ( have you ever been denied a visa .... )

so after i got approved i went to USA under VWP , i got married after 1 year and i was traveling back and forth since than.

I-130 is approved and im waiting for my visa..

the bad part...

my wife is now pregnant and i wanted to travel again to see her and to be there when she will give birth , but my esta application , since i had to apply again after 2 years was denied...

my wife is LPR.

my question...

is there a chance for me if i apply again for ESTA or is there a chance that the embassy will issue a visitor visa... since i applied for the immigrant visa ..?

i wanted to be there at least when she will give birth.

can i call somebody where they issue that ESTA thing ?

or do i have 0 chance to get there untill ill get my immi. visa ?

please tell me if you need more info. i appreciate any advice please help me if you can..

thank you all.

[michael82 0]

Hey Jimmy,

The embassy in vienna will NOT issue a visitor's visa if you already have an I130 application running. This is simply because on a visitor visa you can bypass the immigrant visa application and file for adjustment of status.

Why were you denied ESTA? If you can get ESTA approval, you can visit the US just fine, I just did this (visiting for 3 months while my immigrant application was running) without problem. The problem I see here is if you're already denied for ESTA, the chances of your immigrant visa application going through are probably not looking very good.

You could try to contact the embassy in Vienna to obtain ESTA, but I'd suggest you go in person, they're extremely unhelpful over the phone. Your wife giving birth might buy you some leniency though.

Best of luck!

[jimmy0022 0]

Hey Jimmy,

The embassy in vienna will NOT issue a visitor's visa if you already have an I130 application running. This is simply because on a visitor visa you can bypass the immigrant visa application and file for adjustment of status.

Why were you denied ESTA? If you can get ESTA approval, you can visit the US just fine, I just did this (visiting for 3 months while my immigrant application was running) without problem. The problem I see here is if you're already denied for ESTA, the chances of your immigrant visa application going through are probably not looking very good.

You could try to contact the embassy in Vienna to obtain ESTA, but I'd suggest you go in person, they're extremely unhelpful over the phone. Your wife giving birth might buy you some leniency though.

Best of luck!

hi and thank you for your reply.

i got approved for ESTA in 2010... 2 years later i applied again since its just valid 2 years.

so i applied a few days ago for ESTA and got denied!

my I-130 was already approved so i dont really understand what the ESTA application has to do with my immigrant visa or with my I-130.

please explain it to me so ill know what you mean.

i will not be able to immigrate to the USA anymore ?

i hope thats not what you ment..

thank you in advance ...