Travel to US with Pending I-130

[Gegege 0]

I would like to ask whether there are members who had pending I-130 petition but was able enter the US with a B1/B2 VISA successfully. I know there were already posts such as this one a few years/ months ago but I would like to know whether there are current cases.

I got married last January and I went to the US as a tourist from February to August (within the allowed time frame) to be with my wife (my girlfriend for several years before migrating to the US and she's now a US citizen). She filed my I-130 last October and we received NOA 1 on the first week of November. Since this is our first Christmas and Anniversary as husband and wife, I plan to go to the US two weeks from now and stay there for 6 weeks. Due to her schedule, it would be best if I go there instead of her spending time here.

I have a 10 year multiple entry VISA and had been to the US thrice already. I am currently not working but studying due to our current set up. I do not have any intention of staying in the US longer than 6 weeks because I am aware that most of the application requirements on the beneficiary's part must be done in the home country. Moreover, I do not intend to violate any immigration laws given that in 6-8 months time, I can obtain my visa legally.

Any suggestions, comments, and stories from experiences are welcomed. However, I am from a country not under the visa waiver program so experiences from countries such as mine will truly help a lot. Although I am aware that it really depends on the Immigration Officer at POE.

Thank you,

[Mrs O. 29]

There is no problem with travelling while your I-130 is pending.

I travelled to the US a couple of times while my I-130 was pending. I have travelled once after my I-130 was approved(I'm at NVC stage now). I was truthful at all times saying I was visiting my husband. They usually ask if I'm in the process of moving permanently and I answer that YES, but this is just a visit.I wasnt asked for further proof on any of the occasions.

Having said that I had a lot to prove that I was returning although I was never asked to show these. So my advise is be fully prepared to prove you dont have the intention of staying beyond your visit, just in case you meet with a particularly difficult office.

I have been lucky.

**I am a dual citizen (VWP country and Non-VWP country), I always travel to the US with my Non-VWP passport with the US B1/B2 visa in it.Reason: Visa holding visitors have more rights at POE than VWP passport holders.

Edited December 6, 2010 by Mrs O.

[Done--Really 331]

Well--it is a definite maybe. You may be turned back, or you may be let in, however here is a response from CBP to an official request I made on this very subject:

Unfortunately, no. Your spouse is no longer in the B1/B2 tourist category. See the information and link below for additional options.

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” link to the left.

[Luckywife2007 6]

Well--it is a definite maybe. You may be turned back, or you may be let in, however here is a response from CBP to an official request I made on this very subject:

Unfortunately, no. Your spouse is no longer in the B1/B2 tourist category. See the information and link below for additional options.

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” link to the left.

This is good to know... However, What if you have filed for a IR-1 visa which of course includes the I-130, would the person be allowed to travel to and from the USA in this scenario?

P.S. Where did you find this info that is mentioned above?

Edited December 7, 2010 by Luckywife2007

[Shawna and James 4]

My Husband and I are currently in the process of our CR-1. We are waiting on our NOA2 and we also wanted to spend the holidays together. As others have mentioned it is completely up to the CBP officer whether or not they let you in. I am currently visiting my husband and had no issues crossing. The key is, as everyone stated, to bring proof you are coming back. In my case, they only asked if I had a return ticket, which I did, and asked to see the itinerary. However, I did come armed with a letter from my employer with my expected date of return, proof of travellers insurance only for the length of time I am staying, and the only contract I have in my name currently, my cell phone contract, which I had just renewed a few months ago. I know you mentioned you are studying rather than working. You could bring proof of enrollment in classes, with your term start date to show, hey Im enrolled in school and have paid for the classes.. Not many people would pay for something they dont intend to use. Also, if you have a lease or mortgage in your name, bring that showing it as a tie that you are coming back.

thats just my suggestions, all which were suggested to me by helpful people here Good luck! Hopefully this is a great holiday season for you and your wife!

[Done--Really 331]

I sent a question to the CBP Q&A center. Here is the link. They were very helpful in the past with an affirmative email that my then fiance would be allowed into the country with a valid B1/Bw2 visa in an expired Mexican passport while traveling on a valid Costa Rica passport. They said in no uncertain terms that she should be allowed in, and it was darned good we had the first two CBO agents tried refuse entry even with the email, but she stood her gound and the third agent let her in because of the email. Otherwise she would have been turned back for sure. Even with teh email it took an hour of the three agents talking together and talking to her.

Here is teh link to their site:

CBP INFO Center<customs@customs-mail.custhelp.com> [customs@customs-mail.custhelp.com]

And here is my original question and their answer which you have already read above:

I recently married a woman dentist from Costa Rica here in the US, and she has returned to Costa Rica. We are filing the initial paperwork to obtain a CR-1 visa within the next few days. It appears that it will take 7 - 9 months for the CR-1 visa to be issued if the process goes smoothly, and we are wondering if she can visit the US while the CR-1 visa process is in motion. She has a B1/B2 visa that is good for three more years, and which was issued in her unmarried name, as is her passport. We do not plan to update her name on her passport or B1/B2 visa unless it is necessary.

Are there any particulars that we should be aware of if in fact she can visit the US while we wait for the CR-1 visa to be issued?? What additional documents if any should she have with her at the POE--for example, would our marriage license or the file number from USCIS be helpful to gain entry along with her passport, B1/B2 visa, return flights, and so forth??

Unfortunately, no. Your spouse is no longer in the B1/B2 tourist category. See the information and link below for additional options.

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” link to the left.