visiting the US with a pending F2A petition

[donmarasigan 0]

My wife, who is a green card holder, filed an I-130 on January 2011 so I can join her and our kids in the US permanently. The application has been approved and is currently with the National Visa Center, awaiting for a visa number to become available. We don't expect our priority date to become current until possibly the middle of next year (or perhaps later). My question is can I go visit my family in the US using my valid tourist visa while the petition is being processed? Please note that I have been to the US three times before within the past four years but this was before my wife filed the F2A petition. Does this increase my chances of being allowed entry into the country? I'd really appreciate any kind of input you may have on this issue. I just don't want to spend so much money on plane fair only to be sent back at the port of entry because of the pending petition. I hope to go this year while the kids are on their summer break. Thanks, guys.

[Harsh_77 716]

With F2A in process it reduces the chance of you being allowed in the country.

[jimmy84 7]

i've traveled multiple time with a pending f2a on my valid tourist visa, my petition hasn't reached as far as ur tho (that is approval), but i got no hassle when i reached cbp

[ceadsearc 515]

You can, but you need to bring evidence of strong ties to your country and be aware that CBP has the discretion to deny entry. If that is a risk you are willing to take, then I would absolutely try. Having used your visa properly before works in your favor and the fact that spouses of LPRs cannot adjust immediately probably doesn't hurt either. But, there are no guarantees until you touch down in the US.

[RICARDO4EVA2 194]

My wife, who is a green card holder, filed an I-130 on January 2011 so I can join her and our kids in the US permanently. The application has been approved and is currently with the National Visa Center, awaiting for a visa number to become available. We don't expect our priority date to become current until possibly the middle of next year (or perhaps later). My question is can I go visit my family in the US using my valid tourist visa while the petition is being processed? Please note that I have been to the US three times before within the past four years but this was before my wife filed the F2A petition. Does this increase my chances of being allowed entry into the country? I'd really appreciate any kind of input you may have on this issue. I just don't want to spend so much money on plane fair only to be sent back at the port of entry because of the pending petition. I hope to go this year while the kids are on their summer break. Thanks, guys.

go for it... you will be fine. My cousin had a pending case that was completed at the NVC since 2010 and she had traveled to the US about 3 times since. She was here about 3 weeks ago and got her interview notice 1 week ago. Brother traveled on a pending case AT the nvc... my mother /father traveled on a pending case while at USCIS.. Im sure the traveler would be okay just dont let anyone put negativity in ya head.

[donmarasigan 0]

Thanks, guys. I appreciate your input. I'm feeling a little bit better. However, despite your encouraging comments, I continue to be apprehensive. You see, I am from the Philippines and I am under the impression that US immigration officers tend to be a bit more strict in allowing entry to Filipino visitors. So while some of you have said having a pending petition should not be a problem, I'm still not fully convinced. Are there any Pinoys out there who've been able to travel to the US while their petition is being processed? I'd really appreciate your input. Thanks, again.

[RICARDO4EVA2 194]

t

Thanks, guys. I appreciate your input. I'm feeling a little bit better. However, despite your encouraging comments, I continue to be apprehensive. You see, I am from the Philippines and I am under the impression that US immigration officers tend to be a bit more strict in allowing entry to Filipino visitors. So while some of you have said having a pending petition should not be a problem, I'm still not fully convinced. Are there any Pinoys out there who've been able to travel to the US while their petition is being processed? I'd really appreciate your input. Thanks, again.

from the US Border Office

https://help.cbp.gov/app/answers/detail/a_id/1247/kw/petition%20pending/session/L3NpZC83elNGa0tXaw%3D%3D

*tho it says K1 the same applies to any other pending application/petition while travelling.

[Neonred 3,444]

My step daughter applied for and received and used a tourist visa while she had a F2 visa in process. There were no issues.

[fresia 1]

I traveled to USA last year while my I 130 was pending, I entered without any problems but asked questions of how long will I stay and about my job in my home country.

I stayed 2 months then although they gave me six months on I94.

Few days ago I entered to USA again, my I130 is approved this time, but again I had no problems at the POE. I was asked same questions and I am given I94 for a period of 6 months.

That is my experience I hope it will help someone.

[moveforward 0]

Thanks, guys. I appreciate your input. I'm feeling a little bit better. However, despite your encouraging comments, I continue to be apprehensive. You see, I am from the Philippines and I am under the impression that US immigration officers tend to be a bit more strict in allowing entry to Filipino visitors. So while some of you have said having a pending petition should not be a problem, I'm still not fully convinced. Are there any Pinoys out there who've been able to travel to the US while their petition is being processed? I'd really appreciate your input. Thanks, again.

my husband had a multiple visa that was still valid before i filed his petition. i asked the same thing to my lawyer. he advised my husband not to come. why take the risk when youre almost done with the steps (petition) ? we just need to be patient.

[Steve visa bullet 17]

I ask my lawyer.and he told me there is no problem to travel to us with pending F2a. The only think when you go for apply for tourist visa you have to tell truth to consulate that you going to visit your husband or wife and for sure you gonna come back for your interview. Just tell them truth and there is no problem.

[cardilene 26]

This is the conversation of the US Embassy in Manila and someone inquiring about (almost) the same question:

--------------------------------------------------------------------------------------------------

M*** D******* D***l L***-***

Last month

U.S. Embassy

Good Day. I just want to ask if is it possible for me to apply for a tourist visa even if my husband already filed a petition for me last week. It is said that Immigrant Petition for Wife is to be 6 to 8 months. My husband and I have been away from each other right after our wedding last December 19, 2011 because of his work and length of stay here in the Philippines. Please, i'm asking for some advice from you. The reason why im asking this is for us to be together while waiting for the immigrant visa. Thank you so much..

U.S. Embassy, Manila Philippines

Last month

Hi M*****,

While it is possible to qualify for a tourist visa in your situation, it would be more difficult. All tourist visa applicants are assumed by law to be intending immigrants until they demonstrate to a Consular Officer that they are not by demonstrating strong family, social and economic ties outside of the United States. In a situation like yours, the applicant's strongest family tie (their spouse) is to an U.S. citizen who permanently resides in the U.S. and the applicant's immigration petition shows that they do intend to immigrate eventually. An applicant in your situation would need to show strong social and economic ties that convinces the Consular Officer that the applicant will return to their home country after visiting and will process their immigrant visa overseas as the law requires.

Ultimately, it is up to you to decide if you wish to apply for a tourist visa. It never hurts to do a self-assessment from the viewpoint of a reasonable stranger as part of your decision making process. Good luck with your decision.

Sincerely, Admin CONS2

----------------------------------

I wouldn't waste my money for filing and just get denied in the process, at least the US Embassy is quite honest in their answer, that still leaves you the decision,...

Whatever it is, I wish you Good Luck,...

Edited July 9, 2012 by Kathryn41
to remove personal information

[RICARDO4EVA2 194]

I ask my lawyer.and he told me there is no problem to travel to us with pending F2a. The only think when you go for apply for tourist visa you have to tell truth to consulate that you going to visit your husband or wife and for sure you gonna come back for your interview. Just tell them truth and there is no problem.

correct!!

[Tuesday17 0]

My wife, who is a green card holder, filed an I-130 on January 2011 so I can join her and our kids in the US permanently. The application has been approved and is currently with the National Visa Center, awaiting for a visa number to become available. We don't expect our priority date to become current until possibly the middle of next year (or perhaps later). My question is can I go visit my family in the US using my valid tourist visa while the petition is being processed? Please note that I have been to the US three times before within the past four years but this was before my wife filed the F2A petition. Does this increase my chances of being allowed entry into the country? I'd really appreciate any kind of input you may have on this issue. I just don't want to spend so much money on plane fair only to be sent back at the port of entry because of the pending petition. I hope to go this year while the kids are on their summer break. Thanks, guys.

Same here! I have travelled to the US once on B1 visa before my husband (LPR) filed a petition for me to join him and my son in the US. Mine has a PD of Aug 2011 and has been approved in May 2012. It has been more than a year since I last saw my family in the States and we were thinking about the possibility of spending Christmas together in the US this year. However, I'm worried about being denied entry. We decided to consult an immigration attorney to make sure we get our heads clear. We were told that having a family petition does create a potential problem on your next entry. You must be able to show that you have no immigrant intent, but with your whole family in the US, that would be difficult. You have to prove that you have strong ties in your home country such as a job. He says you can still be admitted into the US based on the discretion of the officer. I guess it's best for me to just wait until my PD becomes current. I know it's gonna take a while but I just can't risk it! I also found one site to be a good reference for our case. I hope this helps. http://www.avvo.com/legal-answers/enter-us-using-b1-b2-visa-with-approved-f2a-petiti-588055.html

[Tuesday17 0]

To quote one immigration lawyer from another forum, he says: "The fact that you have an approved F2A petition does not mean that you cannot enter the U.S. using your B-2 visa. However, you must be prepared to establish to the satisfaction of the inspecting officer that you are a bona fide nonimmigrant and intend to return after the end of your authorized stay. If the inspector does not believe that you will depart the U.S. then you can expect to be refused admission and have your visa cancelled."

He says you may present a letter (from your attorney) to the inspecting officer which provides an overview of the situation to explain that you are aware of the nonimmigrant intent requirement and how you are establishing it.