Traveling to the US while I-130 is pending

[kolio 0]

Hello all,

I am a US citizen, engaged to a non-citizen, and soon to be married. Our wedding will be abroad, so we'll be filing for the IR1 / CR-1 Spousal Visa. From what I have read and heard so far this process may take anywhere from 6 to 12 months, which is an awfully long time to be separated from your significant other.

My fiancée (soon-to-be wife) has a valid 10-year visitor visa, and I was hoping she could come and visit me for a few weeks while the I-130 is pending. There are a lot of threads on this topic and I realize that it will be up to the immigration officer to decide whether to let her in, but I just wanted to ask if somebody has traveled to the US recently while their immigrant visa is pending. What has been your experience? What kind of documentation have you been asked to show to prove your non-immigrant intent?

She has been to the US three times before we got engaged and never overstayed her visit. She has a home and a job, which she will not leave until the whole process is completed.

I really appreciate your thoughts and comments.

Thank you very much and best of luck!

N.

[gamm3 13]

My husband has not done it yet while the I 130 is pending (he plans to in December and January - vacation to visit my family and a conference). However I am not really worried about it because he actually went in on a tourist visa and told the immigration officer that he was going to get married. He brought a lot of proof of intent to return, but was not asked for any of it. They did take him to secondary inspection but let him go after a short conversation. He has been to the US a lot on his tourist visa before this.

[The Mean Lady 604]

Just make sure you bring her ties to her home country as intent to return and you should not have issues.

While my case is a little different given that we drive over from canada, the CBP has told us that we won't have any issues crossing during the filing process.

[JerryShaw 6]

We both travelled back and forth across the border during the whole process up through getting her green card. Never a problem. I even had an officer suggest that I start the 130 process (which I replied its in the works).

It does not cause any issues. In fact, it seems to make things go smoother at the border because they know you are following the process. They are looking for cheaters.

[The Mean Lady 604]

We both travelled back and forth across the border during the whole process up through getting her green card. Never a problem. I even had an officer suggest that I start the 130 process (which I replied its in the works).

It does not cause any issues. In fact, it seems to make things go smoother at the border because they know you are following the process. They are looking for cheaters.

[Ms Hogan 296]

I just made my first trip across the border since we got married and was only asked the regular questions that I always get:

What's your citizenship?

Where are you going?

Why are you going there?

When are you coming back?

Once in a while I get asked how we met or if I'm bringing things with me but rarely.

I also recognize that my situation is different since I do this crossing monthly and have been for 3 years.

Either way... each situation is individual. Just be honest and be ready to prove she's not staying indefinitely at this point as I'm sure you've read in the many other posts. I was all ready with paystubs and an employment letter etc but I was only asked the bare minimum as usual even after saying HUSBAND rather than boyfriend.

[bsd058 296]

Hello all,

I am a US citizen, engaged to a non-citizen, and soon to be married. Our wedding will be abroad, so we'll be filing for the IR1 / CR-1 Spousal Visa. From what I have read and heard so far this process may take anywhere from 6 to 12 months, which is an awfully long time to be separated from your significant other.

My fiancée (soon-to-be wife) has a valid 10-year visitor visa, and I was hoping she could come and visit me for a few weeks while the I-130 is pending. There are a lot of threads on this topic and I realize that it will be up to the immigration officer to decide whether to let her in, but I just wanted to ask if somebody has traveled to the US recently while their immigrant visa is pending. What has been your experience? What kind of documentation have you been asked to show to prove your non-immigrant intent?

She has been to the US three times before we got engaged and never overstayed her visit. She has a home and a job, which she will not leave until the whole process is completed.

I really appreciate your thoughts and comments.

Thank you very much and best of luck!

N.

You're right. There are a lot of threads on this topic. Bring your Notice of Action as well as any other ties your future spouse might have. Like a tenant's agreement, a return flight ticket/booking, a job verification letter from their current employer, and any other things which prove they will return after the visit.

Edited November 6, 2012 by bsd058

[Rose13 30]

We applied for the I130 late in October. I live in Windsor and he lives in Detroit so we travel back and forth frequently (less than 1 hour door to door). We haven't had any issues so far. I always carry docs proving my residence in CDN (bills, a job letter car regs).

[kolio 0]

Thank you all for the helpful comments. This is very reassuring. Gamm3, please do keep us posted on how the visit goes. When we start the process, I'll make sure I start my timeline and share our experiences. In the meantime any suggestions are welcome.

Best,

N.

[Margotrita 0]

Hello all,

I am a US citizen, engaged to a non-citizen, and soon to be married. Our wedding will be abroad, so we'll be filing for the IR1 / CR-1 Spousal Visa. From what I have read and heard so far this process may take anywhere from 6 to 12 months, which is an awfully long time to be separated from your significant other.

My fiancée (soon-to-be wife) has a valid 10-year visitor visa, and I was hoping she could come and visit me for a few weeks while the I-130 is pending. There are a lot of threads on this topic and I realize that it will be up to the immigration officer to decide whether to let her in, but I just wanted to ask if somebody has traveled to the US recently while their immigrant visa is pending. What has been your experience? What kind of documentation have you been asked to show to prove your non-immigrant intent?

She has been to the US three times before we got engaged and never overstayed her visit. She has a home and a job, which she will not leave until the whole process is completed.

I really appreciate your thoughts and comments.

Thank you very much and best of luck!

N.

My husband is traveling this afternoon from Canada to the U.S. We have recieved our first NOA, so we are very early in this process. He was questioned more than usual, but was allowed to enter. Your wife should answer all of the questions honestly and have "proof" with her, that she has reason to return to her home country, after visiting you.

Good Luck!