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AmyAndres

Intending Immigrant visiting US when USC wife and son are abroad?

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My family and I are in somewhat of a different situation.

We all reside in Chile, and my Chilean husband has to go the USA for 2 weeks for a business conference. He has a valid visitors visa in his passport, but Chile is a VWP country. Since his visa is still valid he doesn't enter as a visa waiver, but just on the visa he already has.

Our USC son and I will have to stay in Chile during his visit to the USA, but we're thinking he shouldn't have a problem at his POE because his reason for immigrating (us) is still abroad. We don't own property in Chile, but our car title is in his name and he has a work contract that he plans on showing the immigration officer.

We have just paid our AOS fee, so we are well into the immigration process and not interested in side-stepping at all. However, my husband had a terrible prior experience at a POE (when he was by himself), so I'm scared he will appear way too nervous and talk more than he needs to and I won't be there to step on his foot to get him to shut up like I normally would be able to. :rolleyes:

Anyone else had a situation like this? Where the intending immigrant needs to visit the USA but the petitioner is still abroad?? Is there something else that might be useful for him to show the POE officer if necessary?


USCIS

03/17/2015 I-130 sent to Chicago Lockbox

03/19/2015 I-130 NOA1 (California)

04/15/2015 I-130 NOA2 (27 days)


NVC

04/29/2015 Case received at NVC

05/07/2015 Case Number, IIN assigned

06/01/2015 DS-261 opened, completed

06/04/2015 AOS fee invoiced, paid

06/11/2015 Email received from NVC notifying of acceptance of DS-261

07/06/2015 IV Fee opened

07/20/2015 IV Fee paid

07/27/2015 DS-260 submitted

07/28/2015 AOS & IV packages mailed together

07/30/2015 Scan date for AOS & IV packages

08/20/2015 CASE COMPLETE

08/26/2015 Case Complete email

08/27/2015 Interview Letter received by email

08/31/2015 Case left NVC, "In Transit" to Consulate


EMBASSY

09/01/2015 CEAC shows "Ready" at Consulate

10/07/2015 Interview (rescheduled from 09/16/2015) - 202 days from NOA1 - 48 days from Case Complete

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Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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If he is going on a business conference, why not have him bring a letter indicating the length of the trip and the expected return date written on official letterhead and signed by his employer?

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Carry emails and\or documentation of his role at the business conf, and return tkt back to Santiago; should be fine!


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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I don't have experience of your circumstances but I have of visiting my USC husband in the US during the visa process.

I travel under the VWP and have done so even after submitting the DS-260. I didn't have any issues that time or any other time during our visa process. And every time I enter the US, I have to say that I'm coming to visit my American husband. And this last time, the CBP officer even got to talking about my immigration process, which I assume means that once you submit the DS-260 with your passport details, it shows up on CBP's monitors as well.

If you haven't submitted the DS-260 for your husband yet, US immigrations definitely wouldn't know that your husband is in the immigration process. He is travelling on a business visa for business purposes, him being married to a USC wouldn't even come up. When asked purpose of travel, he would say attending a business conference and what date he's returning home.

With that said, it's always a good idea to bring strong ties to the home country, such as a letter from his employer and rental agreement on your home.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Interesting @mallafri76, I thought that if they scanned his passport at the POE there would be an automatic red flag considering his I130 has been approved. We'll make sure he has his invitation letter, and proof of ties to Chile and hope they don't give him a hard time.

We were married in the USA with plans to move back to Chile, and we knew this when my husband applied for the tourist visa. He was clear with the embassy that we were unable to apply for a fiance visa because we were returning to Chile after our wedding. So, he got to the POE (I was already in the USA) in Chicago and told them that he was coming to get married, and they're like, you can't get married on a tourist visa and sent him to an office. The supervisor called the girl from the airline to get him on the plane back to Chile. Thank God my husband calmly (though terrified) asked the supervisor to review his passport, and explained that we were ineligible for a fiance visa because we were going back to Chile after the wedding...exactly what he told the embassy. Supervisor left with his passport, came back, handed it it to him and said, OK...you can go.

So...yep. I would have severe anxiety if I had gone through that too. Thankfully everything worked out, but now I always make sure we go together with immigration. Unfortunately he'll be by himself this time.


USCIS

03/17/2015 I-130 sent to Chicago Lockbox

03/19/2015 I-130 NOA1 (California)

04/15/2015 I-130 NOA2 (27 days)


NVC

04/29/2015 Case received at NVC

05/07/2015 Case Number, IIN assigned

06/01/2015 DS-261 opened, completed

06/04/2015 AOS fee invoiced, paid

06/11/2015 Email received from NVC notifying of acceptance of DS-261

07/06/2015 IV Fee opened

07/20/2015 IV Fee paid

07/27/2015 DS-260 submitted

07/28/2015 AOS & IV packages mailed together

07/30/2015 Scan date for AOS & IV packages

08/20/2015 CASE COMPLETE

08/26/2015 Case Complete email

08/27/2015 Interview Letter received by email

08/31/2015 Case left NVC, "In Transit" to Consulate


EMBASSY

09/01/2015 CEAC shows "Ready" at Consulate

10/07/2015 Interview (rescheduled from 09/16/2015) - 202 days from NOA1 - 48 days from Case Complete

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Interesting @mallafri76, I thought that if they scanned his passport at the POE there would be an automatic red flag considering his I130 has been approved. We'll make sure he has his invitation letter, and proof of ties to Chile and hope they don't give him a hard time.

We were married in the USA with plans to move back to Chile, and we knew this when my husband applied for the tourist visa. He was clear with the embassy that we were unable to apply for a fiance visa because we were returning to Chile after our wedding. So, he got to the POE (I was already in the USA) in Chicago and told them that he was coming to get married, and they're like, you can't get married on a tourist visa and sent him to an office. The supervisor called the girl from the airline to get him on the plane back to Chile. Thank God my husband calmly (though terrified) asked the supervisor to review his passport, and explained that we were ineligible for a fiance visa because we were going back to Chile after the wedding...exactly what he told the embassy. Supervisor left with his passport, came back, handed it it to him and said, OK...you can go.

So...yep. I would have severe anxiety if I had gone through that too. Thankfully everything worked out, but now I always make sure we go together with immigration. Unfortunately he'll be by himself this time.

He doesn't give his passport number until he does the DS-260 at NVC though, so until that point, CBP won't know that "Mr Smith" in front of them is the same "Mr Smith" that is married to a USC and has applied for an immigration visa. At least that's what I assume, since I have been travelling to see my husband every three months for the past four and a half years and the only time the CBP officer have talked about my immigration process was after I submitted the DS-260.

When your husband was sent to second screening, did the Supervisor write a report about his admittance to the US? If he did, then that will probably be in their system and pop up when they scan his passport. But like you said, being nervous and talking excessively is a sure way to get CBP's attention. :( He's a legitimate businessman travelling under a business visa to do business, that's it. No excessive talking. :) I hope it goes smoothly for him.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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