Traveling to the US with I-130 pending

[piff 46]

Hi everyone,

I have a question. Would anyone share some experience on traveling to the USA on B1/B2 (was issued a year ago and visited USA three times in the past year) with a I-130 pending? The I-130 was filled for a new last name, the passport still has the old last name.

Do you think that my wife can be denied entry to the USA? She just wants to visit me for a month. She will have a letter from work, a bank statement to present at the border if they ask.

I know that some people can even get B1/B2 when their I-130 is pending, and I know that theoretically she can be denied, but would like to hear different opinions and possibly experiences.

Thank you very much!

[Avery Cates 1,141]

Hi everyone,

I have a question. Would anyone share some experience on traveling to the USA on B1/B2 (was issued a year ago and visited USA three times in the past year) with a I-130 pending? The I-130 was filled for a new last name, the passport still has the old last name.

Do you think that my wife can be denied entry to the USA? She just wants to visit me for a month. She will have a letter from work, a bank statement to present at the border if they ask.

I know that some people can even get B1/B2 when their I-130 is pending, and I know that theoretically she can be denied, but would like to hear different opinions and possibly experiences.

Thank you very much!

No one can say either way, it's really going to be CBP's best judgement call. Her having a history of coming and leaving will help as will the other things. Having an I-30 pending can lower the chance of being allowed in though, if they find it likely she'll enter and adjust status that was instead of waiting for the CR-1 completion.

There's really only one way to find out.

Edited January 16, 2016 by Avery Cates

[Miki28 91]

Hi everyone,

I have a question. Would anyone share some experience on traveling to the USA on B1/B2 (was issued a year ago and visited USA three times in the past year) with a I-130 pending? The I-130 was filled for a new last name, the passport still has the old last name.

Do you think that my wife can be denied entry to the USA? She just wants to visit me for a month. She will have a letter from work, a bank statement to present at the border if they ask.

I know that some people can even get B1/B2 when their I-130 is pending, and I know that theoretically she can be denied, but would like to hear different opinions and possibly experiences.

Thank you very much!

I have traveled to The US multiple times while we have had pending I-130. I traveled on B1/B2 visa and Crew visa. My friend has been traveling every month on Esta With pending I-130. No problem at all.

[piff 46]

I have traveled to The US multiple times while we have had pending I-130. I traveled on B1/B2 visa and Crew visa. My friend has been traveling every month on Esta With pending I-130. No problem at all.

Thanks! Did they ever ask any questions on I-130, brought it up? We are kind of worried, but hopefully they won't since it's under a different last name

[Miki28 91]

Thanks! Did they ever ask any questions on I-130, brought it up? We are kind of worried, but hopefully they won't since it's under a different last name

No. We even talked about this With two officers when I was traveling as Crew. About my pending I-130. But I never had any questions regards it. Month ago when I was traveling on B2 he only asked where was I going and why, gave him The answer, he asked whether my husband was military, I said yes, he gave me a stamp and bye bye. Now I am going back in two weeks. So I will let You know how does it go.

[phoenyxx 30]

Hi everyone,

I have a question. Would anyone share some experience on traveling to the USA on B1/B2 (was issued a year ago and visited USA three times in the past year) with a I-130 pending? The I-130 was filled for a new last name, the passport still has the old last name.

Do you think that my wife can be denied entry to the USA? She just wants to visit me for a month. She will have a letter from work, a bank statement to present at the border if they ask.

I know that some people can even get B1/B2 when their I-130 is pending, and I know that theoretically she can be denied, but would like to hear different opinions and possibly experiences.

Thank you very much!

It's mostly at the discretion of the CB officer.

I travelled once, sometimes twice a year on my B1/B2 while my I-130 was pending, and twice since it was approved.

If everything is in order, and she's honest in her response to the CB officer, she should have no problem. Good luck!

[Holly-ando 9]

On 1/16/2016 at 2:09 AM, piff said:

Hi everyone,

I have a question. Would anyone share some experience on traveling to the USA on B1/B2 (was issued a year ago and visited USA three times in the past year) with a I-130 pending? The I-130 was filled for a new last name, the passport still has the old last name.

Do you think that my wife can be denied entry to the USA? She just wants to visit me for a month. She will have a letter from work, a bank statement to present at the border if they ask.

I know that some people can even get B1/B2 when their I-130 is pending, and I know that theoretically she can be denied, but would like to hear different opinions and possibly experiences.

Thank you very much!

@piff

Hello, 

May I please know if your wife was granted entry, I’m in the same position, I came to the us twice before, and during the second time my husband ( a green card holder) and I got married, and then I left on June 2017 eighth before my i94 expired, and he filed I-130 for me, he came to visit me after that but now he can’t leave again till next summer and i wanna go visit him on February or March (it’s hard to stay away from each other for a long time!)  I don’t know what my chances are ! Can u please share your experience I’d be sooo grateful! 

[piff 46]

6 hours ago, Holly-ando said:

@piff

Hello, 

May I please know if your wife was granted entry, I’m in the same position, I came to the us twice before, and during the second time my husband ( a green card holder) and I got married, and then I left on June 2017 eighth before my i94 expired, and he filed I-130 for me, he came to visit me after that but now he can’t leave again till next summer and i wanna go visit him on February or March (it’s hard to stay away from each other for a long time!)  I don’t know what my chances are ! Can u please share your experience I’d be sooo grateful! 

Yep it was my problems at all

[Holly-ando 9]

8 hours ago, piff said:

Yep it was my problems at all

@piff

 

can u please give me more details?? Did they ask her about her pending i130???

[piff 46]

1 hour ago, Holly-ando said:

@piff

 

can u please give me more details?? Did they ask her about her pending i130???

Nothing was asked in regards to I-130. Just asked for how long and who she’s visiting. 3 visits a year is OK as long as none of them were long visits. We are going for an AOS interview this month already, almost end of journey. Which citizenship is your spouse?

[Holly-ando 9]

22 minutes ago, piff said:

Nothing was asked in regards to I-130. Just asked for how long and who she’s visiting. 3 visits a year is OK as long as none of them were long visits. We are going for an AOS interview this month already, almost end of journey. Which citizenship is your spouse?

 

Good luck for ur interview! Did u go for AOS from visitor visa?? I’m wondering how did u manage to keep legal presence!

And btw, I am the spouse  if u mean my citizenship I’m moroccan, and I did stay for the whole 6 months during my last visit that’s why I’m worried! 

 

[piff 46]

16 hours ago, Holly-ando said:

 

Good luck for ur interview! Did u go for AOS from visitor visa?? I’m wondering how did u manage to keep legal presence!

And btw, I am the spouse  if u mean my citizenship I’m moroccan, and I did stay for the whole 6 months during my last visit that’s why I’m worried! 

 

We were able to travel 3/2 months at a time. That’s pretty much it, she also traveled with me on Advance Parole too w/out issues. 

[Andre3001 1]

I have a question. I have a pending i130 from my wife. Also i stayed in the usa before as a tourist and i went home because my i94 was expired. I would like again to visit the united states because my wife is pregnant and i would like to be with her when she delivers the baby. Can i be able to enter the united states? With a b2 visa? Thanks

[piff 46]

3 minutes ago, Andre3001 said:

I have a question. I have a pending i130 from my wife. Also i stayed in the usa before as a tourist and i went home because my i94 was expired. I would like again to visit the united states because my wife is pregnant and i would like to be with her when she delivers the baby. Can i be able to enter the united states? With a b2 visa? Thanks

Should be able to.