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Afnindah

Can I enter US while I30 immigrant visa is still under process?

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My husband is a US citizen. He is applying for I30 immigrant visa for me and my son. Currently, our visa is at the step where my husband have to submit an affidavit of support. Sadly, he was retrenched and nobody is willing to be our guarantor. While waiting for my husband to get another job so we can proceed with the visa, can I enter US and stay for 3 months on tourist visa?

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This is a very common question. The answer is: admittance and duration of stay is up to the border guard at the time of crossing. There is certainly nothing wrong with visiting while this process is going on. However, some guards may assume you have immigrant intent. The best thing to do is carry strong ties to your home country to prove that you will return - also a copy of the visa packet to show is always good

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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Last time when I was trying to get a tourist visa to visit my husband (he was still "just" my fiance then) they didn't give me one (at the US Embassy in Zagren, Croatia) with the explanation that if I'm visiting my fiance that is a US citizen, then I am not a tourist and I can't get a tourist visa. That was before we got married and filed the I-130 and my tie to my country was a stable job that I had (and I still do). Any ideas if they would give me a tourist visa now that our case is at the NVC and I'm 4 months pregnant? lol


Oct 2008 - met in Tacoma, Wa

Jan 2009 - engaged

Nov 03, 2009 - got married in Croatia

Jan 2010 - I-130 filed

Jan 2010 - pregnant (expecting our first baby in Sep)

Jan 2010 - NOA1 received

Apr 2010 - NOA2 received - APPROVED

Apr 2010 - got NVC case number

Apr 2010 - DS3032 sent and accepted

May 2010 - AOS & IV Bills received

May 2010 - AOS & IV Bill paid

Jun 2010 - all documents sent to NVC

Jun 16, 2010 - NVC received all of our documents (according to the AVR)

Jun 28, 2010 - NVC sent us a RFE

Jun 30, 2010 - received the checklist from the NVC via email

Jul 01, 2010 - sent the corrected I-864 form back to NVC

Jul 12, 2010 - NVC has received the checklist letter response

Jul 21, 2010 - got SIF, case expedited cause of pregnancy, all the paperwork sent to the US embassy in Zagreb

Jul 26, 2010 - medical

Jul 27, 2010 - interview - APPROVED!

Aug 06, 2010 - POE - Seattle

nrRAp2.png

"I tell you good night with tears in my eyes,I wish I was there curled up by your side. Time passes, but not fast enough. I try to be strong, but I'm not that tough. When I feel your embrace it will be alright, but my heart aches for you on this lonely night."

nrRAp2.png

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This is a very common question. The answer is: admittance and duration of stay is up to the border guard at the time of crossing. There is certainly nothing wrong with visiting while this process is going on. However, some guards may assume you have immigrant intent. The best thing to do is carry strong ties to your home country to prove that you will return - also a copy of the visa packet to show is always good

Good luck

Thank you so much for your reply. What things can I use to show "strong ties with home country"? I am currently a stay home mom and in the process of selling my house, thus I have no prove of employment or house ownership by the time I decide to travel to US. What other things can I bring in order to prove I am not intending to overstay my tourist visa?

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Will your child be traveling with you? What about school enrollment for your child? If your child is remaining, how about a letter from whomever is caring for him/her? Do you have any upcoming events like a wedding invite or maybe doctor's apts?

When I crossed, they asked for a job and a mortgage/lease. You may need to be creative finding your ties.

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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