Can my wife travel to usa while having her visa processed?

[kerry_and 3]

Hi Guys,

I am about to buy airplane tickets to the states, but I just wanted to double check with you guys. The situation is this:

- My wife received a multiple entry USA tourist visa last September, which will expire September 9th, 2013.

- I want to travel to the states from July 2nd - September 6th, and spend some time with my parents

- I have recently submitted a CR-1 visa application for my wife, which is still being processed (I have received an electronic notification of I-130 NOA1)

- I called the US Consulate in Hong Kong about 3 months ago, asking if it was OK for her to travel while the application is at the USCIS, and they said it was no problem whatsoever

My question on this subject is then, does this sound OK to you guys also? We would be in the US for about 2 months, and then return to Hong Kong. Will there be any bad effects on her visa application if we travel after submitting it? There was a specific section that talked about being in the states that had a tourist visa section... do I need to call and update that section on the application? Do I need to take any steps while in the USA to notify USCIS that she is in the states on a tourist visa?

Thanks for all the help

[speedwell 224]

It is perfectly all right for your wife to travel as a tourist while the applications are processing. It's perfectly OK for you to travelto and from the US as you like, since you are the USC. Just make sure that someone is available to receive your correspondence from Immigration, and be aware that there is a slight possibility of you needing to be available for an interview somewhere. Just don't overstay (your plan of traveling a few days before her visa expiration is excellent, so you don't accidentally suffer from a cancelled flight or something).

I wouldn't bother informing the USCIS that she is in the US; they are likely to assume that she wants to stay and adjust status, and you will have to get that sorted. It happens more often than you think. Just travel as normal, don't let her overstay, and don't make her do back-to-back tourist visa trips in an attempt to "live together" in the US while the paperwork is processing; they're wise to that. Your plans are fine.

[Harpa Timsah 13,260]

She can travel.

[kerry_and 3]

Thanks for the comments and suggestions guys. I really appreciate it.