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Lostinamerica

Best course of action while awaiting I-130 approval

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Filed: Timeline

Hi all. My situation is as follows. I'm a US citizen in the military that just moved back to the US from Germany... my wife is German and is currently remaining in Germany to finish school and wait out our pending Visa application. I applied way late since we were married in early August, and I only mailed my I-130 application in February... which was foolish of me and I am kicking myself for right now. I received my NOA on 28 February and still have not heard anything back on it going on almost three months now. It looks like at this point, since we haven't even gotten a request for information or the second notice of action that her having a Visa by July isn't going to happen. We were originally planning on her coming to move in July if the Visa was complete, otherwise we were going to have her come visit for maximum three months under the VWP while the application is pending.

Does anyone know of any horror stories about pending I-130 applications and spouses visiting their significant other in the states while this is pending? Even if say, I realistically receive my second NOA and am moving through with processing the other paperwork and awaiting the interview, would it be safe for her to come visit for three months? Basically, a woman from USCIS and someone at the Customs and Border control confirmed that it's up to the Border Control agent whether you are allowed to get in. If they ask if she has a pending visa application (which they probably will) they frown upon the spouse coming to visit and automatically assume she is going to overstay and they are relucant to let them in. Is this true? We are basically hoping that she can visit for up to three months while the rest of the process runs it's course and having her return before the three months is up, or as soon as we get notification that she will be scheduled for an interview (since that is the part that requires her to be in Germany).

Any information, or advice would be greatly appreciated... I am thankful I found this board and a huge community of people that is going through a similar process I am.

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

Yes, she can visit.

Yes, she may get more scrutiny at the border. Or she may not even be asked about her petition at all.

The key is to have lots of proof of ties to her life in Germany and her intent to return to those ties after she visits you. School. Work. Home. Family. The whole bit. If a CBP officer asks something, be honest but concise in your answers. Many SOs come visit their spouses while waiting for their IV applications to be processed.


USCIS : 104 Days

10-30-2009 : I-130 and Documents Sent

11-06-2009 : NOA1

02-18-2010 : NOA2

NVC : 66 Days

02-24-2010 : Case Number Assigned

02-25-2010 : E-Mails Given to NVC Operator

02-26-2010 : DS-3032 Sent by E-Mail

03-02-2010 : Received DS-3032 and AOS Bill

03-02-2010 : DS-3032 Accepted

03-02-2010 : Pay AOS and IV Bill Online

03-04-2010 : AOS Shows PAID

03-08-2010 : IV Bill Shows PAID

03-09-2010 : AOS and Documents Sent

03-09-2010 : Receive IV Bill

03-19-2010 : DS-230 and Documents Sent

03-24-2010 : False RFE for DS-230; Confirmed AOS Reviewed and No Missing Information Found

04-02-2010 : Sign-In Failed. Thank you, Lord!

04-05-2010 : Case Completed at NVC

04-15-2010 : Majorly Unhappy with NVC

04-30-2010 : Interview Date Assigned

Embassy :

05-06-2010 : Medical Exam

06-08-2010 : Interview Date -- Approved! Experience and Review

06-18-2010 : Visa Received

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