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Leah132

Spouse CANNOT enter on tourist visa?

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Once I file my I-130 my spouse can't come to the U.S. on his tourist visa, is that right? At absolutely no point should he do that? I was reading the guides and it says that the spouse should not be there when the I-130 is filed, but I don't understand whether or not he could come at any point in the process.


01/26/2008: Married.

02/06/2008: U.S. Embassy in Santiago informs me that they are not much for dumb rules and I CAN direct file!

03/06/2008: Applied for Chilean resident visa, which will allow me to direct file.

04/17/2008: Chilean visa approved.

06/04/2008: Applied for husband's visa at U.S. Embassy.

06/13/2008: Final interview date set for July!

07/01/2008: Medical exam.

07/09/2008: Final interview and approval of visa!

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Filed: Citizen (apr) Country: Ireland
Timeline

He can come over on his tourist visa, but the likelyhood of him being refused entry is higher than before you file, due to obvious immigrant intent through the filing. If he visits, just have him bring lots of documentation of ties to his homeland (letter from employer, mortgage/ rental agreement on home, evidence of bank accounts etc), and also a copy of the NOA or whatever you have so far, to show you are trying to do this the legal way.

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I havent risked it, just incase i got all the way out there, and got deported, but it seems like a lot of people do go over, as long as they have strong ties to the country they are from. (Job, lease or mortgage, bank account...etc...)

I havent seen anywhere written that you can't go over and visit. If you go, take as much proof of returning as you can. Normally, a return ticket should prove it enough. Also, take over proof that you are planning on immigrating legally (take your NOA's and naything else to show you are going through the legal processes.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Once I file my I-130 my spouse can't come to the U.S. on his tourist visa, is that right? At absolutely no point should he do that? I was reading the guides and it says that the spouse should not be there when the I-130 is filed, but I don't understand whether or not he could come at any point in the process.

What country is your spouse from?? Us Canadians do it quite often, and yes some do get denied, but most dont. Appears to be up to the POE officer. I travvlled monthly to DC while my cr-1 was ongoing, never had a problem. And if ur spouse is Canadian,do a search as this topic (for Canadians) must come up at least weekly. Best of luck


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: Citizen (apr) Country: England
Timeline
Once I file my I-130 my spouse can't come to the U.S. on his tourist visa, is that right? At absolutely no point should he do that? I was reading the guides and it says that the spouse should not be there when the I-130 is filed, but I don't understand whether or not he could come at any point in the process.

No, that's not right. My husband visited me several times during the process (both when we filed for a K-1, before he was my husband, and during our cr-1 process more recently).

Your spouse should not be *resident* in the US when the i-130 is filed, but there's no reason he can't be in the country when you do - he just has to be in his home country for the medical exam and interview. There is also no reason that he cannot visit you. If he is not from a visa waiver country or already in possession of a tourist visa it can be difficult to obtain one while a spousal visa is in process, but even this is not impossible.

Visiting during the process is like visiting at any other time - you can be denied entry. In our experience, most of the time we were not even questioned at the POE beyond what the length and purpose of the stay was. The one time there was more than this asked, we had on hand plenty of ties to the UK - a tenancy agreement, job contract, the NOA 1 and 2 and bank statements - which gave credence to Russ's claim that this was, indeed, just a visit and he would be returning home at the end of it!

so yes, it is both permissible and possible for your spouse to visit during the process!

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Once I file my I-130 my spouse can't come to the U.S. on his tourist visa, is that right? At absolutely no point should he do that? I was reading the guides and it says that the spouse should not be there when the I-130 is filed, but I don't understand whether or not he could come at any point in the process.

No, that's not right. My husband visited me several times during the process (both when we filed for a K-1, before he was my husband, and during our cr-1 process more recently).

Your spouse should not be *resident* in the US when the i-130 is filed, but there's no reason he can't be in the country when you do - he just has to be in his home country for the medical exam and interview. There is also no reason that he cannot visit you. If he is not from a visa waiver country or already in possession of a tourist visa it can be difficult to obtain one while a spousal visa is in process, but even this is not impossible.

Visiting during the process is like visiting at any other time - you can be denied entry. In our experience, most of the time we were not even questioned at the POE beyond what the length and purpose of the stay was. The one time there was more than this asked, we had on hand plenty of ties to the UK - a tenancy agreement, job contract, the NOA 1 and 2 and bank statements - which gave credence to Russ's claim that this was, indeed, just a visit and he would be returning home at the end of it!

so yes, it is both permissible and possible for your spouse to visit during the process!

There is no law against it, its all up to the POE customs agent - just depends - good luck to you.


When something goes wrong remember this saying "WHEN MAN PLANS, GOD LAUGHS"

www.orlando4obama.com

I-130 JOURNEY BEGINSSent August 28, 2007 to TSC for receipting in CSCReceived NOA1 from VSC December 21, 2007

Notes - earned USCIS skymiles for sure - postmarked from Chicago Lockbox

online finally 2/24/08

touchy feely 2/25/08

touched 2/27/2008 - great RFE requested - just wonderful news to see in your inbox early in the am

3/13 - RFE letter FINALLY received - and document that we sent NOW resent back to VSC grrrrowling

3/19 case resumed processing

3/20 touched

3./21 touched

3/23 Easter bunny touched again

4/01 - APPROVED I-130

4/02 - touched

4/07 - received hard copy approval

NVC JOURNEY BEGINS

4/07 NV Case number assigned

4/08 AOS, DS and all fees paid online

6/09 tax transcript for 2007 just became available -whoot

6/20 NVC receives everything nothing more to give them now just close eyes and pray

6/23 NVC enters into system

6/26 NVC - RFE uggh - wants all three years of Federal tax return listed and they lost originals or so they say - DING DING ROUND TWO

7/25 NVC Case completed whooottttttttt

8/7 Case forward to US EMBASSY LONDON OH YEAHHHHHHHH -

Embassy - case out for delivery to embassy via DHL sneaky us lol

08/10Received

08/19 Medical Exam completed - healthy oh yeah!!!!!!!!

9/26 @8am -Interview - approved VISA IN HAND OMG WHOOT!!! HELLO AMERICA MY LUV

POE- Atlanta then MCO - October 15th with the cat "GIT" on board lol - POE SUPER SWEET

Husband home finally - god what a journey....but after 400+ days we made it

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Filed: IR-1/CR-1 Visa Country: Japan
Timeline
I havent risked it, just incase i got all the way out there, and got deported, but it seems like a lot of people do go over, as long as they have strong ties to the country they are from. (Job, lease or mortgage, bank account...etc...)

I havent seen anywhere written that you can't go over and visit. If you go, take as much proof of returning as you can. Normally, a return ticket should prove it enough. Also, take over proof that you are planning on immigrating legally (take your NOA's and naything else to show you are going through the legal processes.

edchels, A person would not be "deported" but rather denied entry. There is a pretty big difference between the two as deported means you were removed from the country and denied means you weren't allowed in at the boarder (or POE such as an airport).

That is my take on it anyway, and I am sorry to nitpick about it but it would seem to me that the distinction would have a fairly different impact on your VISA process.


- Justin and Masako

"The World is Open. Are You?"

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I havent risked it, just incase i got all the way out there, and got deported, but it seems like a lot of people do go over, as long as they have strong ties to the country they are from. (Job, lease or mortgage, bank account...etc...)

I havent seen anywhere written that you can't go over and visit. If you go, take as much proof of returning as you can. Normally, a return ticket should prove it enough. Also, take over proof that you are planning on immigrating legally (take your NOA's and naything else to show you are going through the legal processes.

edchels, A person would not be "deported" but rather denied entry. There is a pretty big difference between the two as deported means you were removed from the country and denied means you weren't allowed in at the boarder (or POE such as an airport).

That is my take on it anyway, and I am sorry to nitpick about it but it would seem to me that the distinction would have a fairly different impact on your VISA process.

Yep. Being denied entry is inconvenient, but it doesn't have any serious repercussions in later immigrations processing. You'd have to report it when forms ask questions about it, but if the reason for denial was merely failure to prove non-immigrant intent, that won't be an issue at all for the rest of the marriage-based immigration procedure. Plenty of people here have had success with marriage based visas after being denied entry due to failure to prove non-immigrant intent.

Being denied entry is basically where you show up at a POE and say "May I come in?", and they say "No, you may not", and they send you back. You never entered the US, you never did anything illegal.

Being deported is a much bigger deal, and may cause further complications. Being deported can only happen if you're already inside the US. They find you inside the US, and say "Hey, you're not supposed to be here!", and they kick you out. It might happen because you entered illegally, let status expire, or did something while inside the US to revoke your status, such as commit a crime.


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Thank you all for your tips and advice, I feel much better now. My spouse is Chilean, for those of you who asked. We'll try to get him over there, but if he is denied entry we'll just have to wait it out until the end :(


01/26/2008: Married.

02/06/2008: U.S. Embassy in Santiago informs me that they are not much for dumb rules and I CAN direct file!

03/06/2008: Applied for Chilean resident visa, which will allow me to direct file.

04/17/2008: Chilean visa approved.

06/04/2008: Applied for husband's visa at U.S. Embassy.

06/13/2008: Final interview date set for July!

07/01/2008: Medical exam.

07/09/2008: Final interview and approval of visa!

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Thank you all for your tips and advice, I feel much better now. My spouse is Chilean, for those of you who asked. We'll try to get him over there, but if he is denied entry we'll just have to wait it out until the end :(

:( I know how you felt!

I am planning to visit my husband in Mac/Apr while our I-130 is pending. And we are worry that I will be denied entry. But we are gathering all the evidence (return flight, bank statement, parking ticket at airport) to tie me back to my country.

Good luck!


03/21/06- Met online

10/13/06- Met in person (Los Angeles USA) (three weeks)

12/20/06- Met in person (Kuala Lumpur Malaysia) (three weeks)

02/13/07- Met in person (Nagoya Japan) (two days)

06/21/07- Met in person (Portland Oregon (via PDX), USA) (three weeks)

11/30/07- Met in person (Portland Oregon (via LAX), USA) (six weeks)

12/12/07- Got married (In a Light House!!!)

01/18/08- I-130 sent

01/21/08- I-130 received at Chicago Lock Box

02/15/08- Check cashed

02/26/08- NOA1 received (Notice date: 2/12/2008)

02/19/08- Touched

04/23/08- Met in person (Kuala Lumpur, Malaysia) (one week)

04/30/08- Here I am in USA!!!!

05/19/08- I-130 approved!

05/27/08- NVC received our application and case number assigned

06/02/08- DS-3032 sent & AOS Bill Generated

06/05/08- Paid AOS Bill online

06/16/08- DS-3032 email accepted by NVC

08/28/08- Case completed!

10/21/08- Interview date (Rescheduled by US Embassy- Original date 10/28)-PASSED!!!

10/22/08- Visa in hand!

10/31/08- POE- Seattle, WA

11/12/08- Received SSN in mail!

11/20/08- Got my WA driving license!

I-751

08/03/10- I-751 sent

08/09/10- NOA

08/24/10- Biometrics

10/28/10- Case approved

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