Not sure about travelling to US while application pending- worth trying?

[HighlandScott 7]

Hi everyone. Great site! I've read lots of useful guides and topics.

My question at the moment is about me travelling from UK to USA for a short visit while our application is pending. Basic details:

Me - In UK

Wife - in USA

Met 2 years ago and had several trips to each others home country since.

Married a few weeks ago in UK 19 Feb 2011.

Priority is to be in the US together as soon as possible so our plan is to get a K3 visa (but also peition for IR1) then AOS when I'm in the US.

I-130 being sent now.

I have read anything from horror stories about people getting rejected by customs to those who travel frequently into the US with no problem. So... should I be concerned about travelling for one or two short breaks with my wife in the US while the visa application is in process? (I'd prepare as per common advice having documentation, etc with me when travelling - I have evidence of ties to home/work, plus any other stuff proving our relationship).

Edited March 20, 2011 by HighlandScott

[Boiler 43,619]

K3 is dead

CR1 not IR1

No harm in visiting, either way.

[HighlandScott 7]

Erm....what do you mean K3 is dead?

[ValerieA 350]

The I-129f gets administratively closed, when it and the I-130 are received together by NVC. Best nowadays to NOT file the I-129f, as your I-130 gets taken out of line to be matched up to it. No need to delay the process further! Go to the K3 forum and read the threads there, many many many.

[HighlandScott 7]

Erm....what do you mean K3 is dead?

I've read a bit more in the K3 forum - seems it's dead and we should just apply for CR-1 straight away?

[Boiler 43,619]

Yes

What is your wife's status in the UK?

[HighlandScott 7]

She has no status in the UK. She is American and always lived in America.

She has visited UK many times, both before and since meeting me. We got married here last month- she has now returned to US. I remain in UK.

[HighlandScott 7]

If we go direct to applying for CR1, how would that affect me wanting to visit my wife in the US during the time the application is being processed?

[Boiler 43,619]

That would be DCF out as an option. I take she had a visa to get married in the UK.

If we go direct to applying for CR1, how would that affect me wanting to visit my wife in the US during the time the application is being processed?

Assuming you are talking about a couple of weeks at a time, not a lot.

[Ryan H 3,791]

If we go direct to applying for CR1, how would that affect me wanting to visit my wife in the US during the time the application is being processed?

Once the I-130 is filed and you and your wife wait, you can go to the US to visit during this time. However, there is no guarantee that you will be admitted. CBP will likely have access to information that will show an immigration benefit has been filed on your behalf. You may want to pack along evidence of strong ties to the UK should it be asked for by a CBP Officer when you arrive for a visit.

I'll add for emphasis to not waste your time with a K3, just have your wife file the I-130 for CR-1.

[irishbynature 2]

My wife visited me 18 times on the VWP over 2 1/2 years from Ireland via various POEs (mainly Newark)and we decided we wanted to give it the old college try again while awaiting the CR1 visa. She had been hassled a few times after the 12th trip or so but she always made it through with a 90 day stamp. She was DENIED at the Dublin airport POE after she said she had an I-130 pending for a CR1. Even with an apartment lease still in Dublin, a substantial irish bank account balance and a roundtrip ticket...and proof we were trying to do things the legal way by applying for a visa. She was heartbroken and it was very emotional for both of us as this occurred 2 weeks after our big wedding in Ireland. We had to wait exactly 8 months and 13 days from the day we applied (while she was in Ireland) until the day she stepped into the US. It was terribly difficult but I can say it would have been easier, especially at the beginning of the process, if we had NOT tried to enter the US under VWP and been denied.

You never know, its entirely up to the inspection agent at the POE. He may get stamped without so much as a question. But then again,he could be denied and it could make the next few months even more exceptionally unbearable. No one can really tell you for sure.

A couple of other points...one reason we tried at the Dublin POE is that if she did get denied she was still in her home country...she was just walked out of the inspection area into the main Dublin airport and was free to go. I can NOT imagine if she had traveled all the way to the US, entered at NY or Texas and THEN been sent back home on a 10 1/2 hour flight without being able to see me. If there is an airport in the UK with US inspection there DEFINITELY do that...or find one that has one...fly out of Dublin or Shannon.

Also, Continental airlines was really cool about giving us the amount we paid for the ticket back as a full credit to be used within a year...she just used the credit when we finally got the visa.

[jkminney 30]

Hi everyone. Great site! I've read lots of useful guides and topics.

My question at the moment is about me travelling from UK to USA for a short visit while our application is pending. Basic details:

Me - In UK

Wife - in USA

Met 2 years ago and had several trips to each others home country since.

Married a few weeks ago in UK 19 Feb 2011.

Priority is to be in the US together as soon as possible so our plan is to get a K3 visa (but also peition for IR1) then AOS when I'm in the US.

I-130 being sent now.

I have read anything from horror stories about people getting rejected by customs to those who travel frequently into the US with no problem. So... should I be concerned about travelling for one or two short breaks with my wife in the US while the visa application is in process? (I'd prepare as per common advice having documentation, etc with me when travelling - I have evidence of ties to home/work, plus any other stuff proving our relationship).

My now husband came to visit me for nearly 2 months while we had a k1 pending...he also came back again after he had a k1 visa in his passport that unfortunately we didnt get the opportunity to use. He went through Dublin both times so he wouldn't have to travel so far back if they denied entry....both times got through easily. Didn't even ask a question regarding his pending application at the time and even when he came through with the old k1 in his passport they just told him he couldn't stay...that was it. I say go for it!

[Ryan H 3,791]

If there is an airport in the UK with US inspection there DEFINITELY do that...or find one that has one...fly out of Dublin or Shannon.

No UK Airports have CBP preclearance. These are the only CBP preclearance locations.

[pushbrk 12,155]

I've read a bit more in the K3 forum - seems it's dead and we should just apply for CR-1 straight away?

What you, the USC will do is file the I-130 petition. When it is approved, your spouse will be given the opportunity to apply for the applicable visa. "You" don't apply for anything.

[jkminney 30]

No UK Airports have CBP preclearance. These are the only CBP preclearance locations.

Call it whatever you like but in Dublin after you speak with an officer when you land in the U.S. you pick up your bag that's it..and Dublin isn't in the UK it's in Ireland.