Can sister travel to US with pending I130

[gkenn 0]

I just applied for my sister for her I130 (I am a US Citizen). I understand it takes over 11 years for the whole process, but during that long wait can she visit for a week or so a year? (she lives in the UK). I have lived her for 10 years and she has come over every year to visit so would that be in her favor that she can show she comes and leaves always on time? I have read differing opinions on the subject so wondered what you all thought? She would bring proof of her mortgage, job etc. just incase and she is not going to try and stay here, she has a life in the UK for now.

Thanks for the advice

[Dave&Roza 748]

I just applied for my sister for her I130 (I am a US Citizen). I understand it takes over 11 years for the whole process, but during that long wait can she visit for a week or so a year? (she lives in the UK). I have lived her for 10 years and she has come over every year to visit so would that be in her favor that she can show she comes and leaves always on time? I have read differing opinions on the subject so wondered what you all thought? She would bring proof of her mortgage, job etc. just incase and she is not going to try and stay here, she has a life in the UK for now.

Thanks for the advice

She will have to show strong ties to the UK and that she will be returning--just like any body else applying for a tourist visa. Will the application by you have any effect, who can say--it should not, but then it is up to the IO whether to issue the visa or not. Now if she is going to try to come on the VWP then it is up to the CBP person at the POE. I would apply for a tourist visa in the UK and see what happens rather than spend the money and flying to the US just to be denied. Applying for a tourist visa should not be too hard unlike some other countries, but there is no guarantee. Have her apply and see what happens. The only thing you haved to lose is the visa application fee.

Good luck,

Dave

[Harpa Timsah 13,258]

Your sister can visit.

I would not apply for a tourist visa, because she will need to show why she needs 6 months to visit and not 3. Her plan is only to visit for one week, so she does not need 6 months. Her tourist visa would be denied and she would then be denied ESTA as well for a previous visa denial.

Just visit on the VWP, just like normal. She has a 10 year wait and any overstay will make her ineligible for a visa, so her pending I-130 should not affect the Border Patrol decision very much, if at all.

[Boiler 45,649]

I agree with Harpa

[gkenn 0]

Your sister can visit.

I would not apply for a tourist visa, because she will need to show why she needs 6 months to visit and not 3. Her plan is only to visit for one week, so she does not need 6 months. Her tourist visa would be denied and she would then be denied ESTA as well for a previous visa denial.

Just visit on the VWP, just like normal. She has a 10 year wait and any overstay will make her ineligible for a visa, so her pending I-130 should not affect the Border Patrol decision very much, if at all.

Thanks so much