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Visiting after I-130

By vjam in IR-1 / CR-1 Spouse Visa Process & Procedures

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vjam Rookie

vjam   0

Posted
Filed: Timeline
Posted

Are there any issues for a European citizen to visit to the U.S. for a one week trip on the visa waiver program after the I-130 petition has been submitted for them and the visa immigration process has begun? Has anyone had any experience with this?

Thank you!

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Lots of people visit while having an I-130 pending. Simply do a search and you'll find lots of experiences. Entry and duration of stay is up to the border agents at the time of crossing and it is advisable to bring ties to home country and a copy of the I-130 packet.

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

OBX Mentor

OBX   51

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

^^Agree. Many filers have visited without incident but keep in mind there are no guarantees. Border officials have the final word, so be prepared! Good luck!

USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Naturalization

05/16/2019 Filed online (estimated completion February 2020)

05/18/2019 Biometrics scheduled

05/21/2019 Receipt notice and biometrics notices posted to online account.05/23/2019 Hard copy of NOA1 received

05/24/2019 Hard copy of biometrics appointment received

06/07/2019 Biometrics appointment (estimated completion January 2020)

12/31/2019 Email received "Interview scheduled"

01/01/2020 Interview date notice posted to online account (02/19/2020)

01/05/2019 Hard copy of interview appointment received

02/19/2020 Interview (**Approved**) and same day Oath Ceremony. 

Simmy Explorer

Simmy   3

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

OBX & Canadian wife -- your answers sound like they are in direct contradiction to the answers provided here: http://www.visajourney.com/forums/topic/266871-can-we-live-together-in-us-prior-to-approval/

Can anyone clarify?

Feb 2010 - met online

March 2010 - vacationed in Mexico together

April 2010 - Samuel visits Catherine in US for one month

July to December 15, 2010- Samuel visits Catherine in US via B2 visa

August 10, 2010 - married in Medford, OR

September 10, 2010 - submitted AOS application via USPS Priority

September 13, 2010 - AOS package marked as delivered by USPS

September 20, 2010 - electronic notification received from Chicago lockbox

October 20, 2010 - biometrics appointment in Portland, OR

November 15, 2010 - Advanced Parole approved (took 66 days)

December 15, 2010 - January 18 -- Samuel and Catherine visit Samuel's friends in Canada

January 19, 2011 - AOS interview in Portland, OR -- interviewer gives verbal notice of approval (4 months since AOS submission)

OBX Mentor

OBX   51

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

OBX & Canadian wife -- your answers sound like they are in direct contradiction to the answers provided here: http://www.visajourney.com/forums/topic/266871-can-we-live-together-in-us-prior-to-approval/

Can anyone clarify?

I believe that thread was addressing the issue of filing the I-130 petition and then coming to the US to stay, not visiting. If you post this same question in the Canada forum I can guarantee you will find many filers that visited while their petitions where being processed without incident. Check it out. Good luck!

USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Naturalization

05/16/2019 Filed online (estimated completion February 2020)

05/18/2019 Biometrics scheduled

05/21/2019 Receipt notice and biometrics notices posted to online account.05/23/2019 Hard copy of NOA1 received

05/24/2019 Hard copy of biometrics appointment received

06/07/2019 Biometrics appointment (estimated completion January 2020)

12/31/2019 Email received "Interview scheduled"

01/01/2020 Interview date notice posted to online account (02/19/2020)

01/05/2019 Hard copy of interview appointment received

02/19/2020 Interview (**Approved**) and same day Oath Ceremony. 

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Simmy, if you read that link provided, you'll see that the OP was asking if his wife could come to the US and live while the visa process is pending. The answers of "NO" were accurate for that.

Also, if one enters as a tourist but has full intention of staying in the US, living, and adjusting status, that is visa fraud for misuse of a tourist visa. Tourist visas are for tourists, not for people who intend to live in the US. This can carry a punishment of lifetime ban from the US.

Further, Canada has many privledges when it comes to entering the US. Such as no visa waiver program or tourist visa is required. So in many cases when a foreign spouse applies for a tourist visa to visit their american spouse, it will be rejected. Since this does not apply to Canadians, then it is not an issue for us

Lots of people have visited the US while a visa is pending. They all return to their home countries to complete the process.

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

Simmy Explorer

Simmy   3

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Aha! Very helpful! Thank you OBX and Canadian_Wife!

Feb 2010 - met online

March 2010 - vacationed in Mexico together

April 2010 - Samuel visits Catherine in US for one month

July to December 15, 2010- Samuel visits Catherine in US via B2 visa

August 10, 2010 - married in Medford, OR

September 10, 2010 - submitted AOS application via USPS Priority

September 13, 2010 - AOS package marked as delivered by USPS

September 20, 2010 - electronic notification received from Chicago lockbox

October 20, 2010 - biometrics appointment in Portland, OR

November 15, 2010 - Advanced Parole approved (took 66 days)

December 15, 2010 - January 18 -- Samuel and Catherine visit Samuel's friends in Canada

January 19, 2011 - AOS interview in Portland, OR -- interviewer gives verbal notice of approval (4 months since AOS submission)

 
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