Spouse CANNOT enter on tourist visa?

[Leah132 0]

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.

[Penguin_ie 5,985]

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 January 17, 2008 by Penguin_ie

[edchels 5]

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.

[Flames9_RN 358]

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

[gwenneh 7]

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!

[SusieK 3]

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.

[Justin and Masako 0]

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.

[lucyrich 19]

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.

[Leah132 0]

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

[Brian&Mel 0]

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!