Another 'Visiting the U.S. while filing I-130' Post. Need some advice.

[duskywolf 0]

This Wednesday (11/27/13) my husband (U.K. citizen) is flying out to stay with me and my family for Thanksgiving. The only recent travel he's made to the U.S. was in May, where he stayed his entire 90 days before flying back home in August. We sent out our I-130 in October, so there is still long to go.

That being said, I am a bit worried about him being let back into the U.S. after only being out of the country for 114 or so days. I know it's generally recommended that people leave the U.S. AT LEAST 90 days after staying 90 days in. What should he say to the immigration officer? I mean, he's got a return ticket set to depart in two weeks, though we will most likely change his return so he can stay longer. We're trying to play the long game here.

Should he say that he's visiting his wife for Thanksgiving? Will they know that he's filed an I-130? And if he's due to return in two weeks, do you think that's all they may stamp him for on his passport? Do you think it would be beneficial for him to carry a copy of the packet we made so they can see that he's trying to immigrate legally, if he's questioned about it? Ugh, I'm stressed. Please let me know what you think.

[dwheels76 5,465]

This Wednesday (11/27/13) my husband (U.K. citizen) is flying out to stay with me and my family for Thanksgiving. The only recent travel he's made to the U.S. was in May, where he stayed his entire 90 days before flying back home in August. We sent out our I-130 in October, so there is still long to go.

That being said, I am a bit worried about him being let back into the U.S. after only being out of the country for 114 or so days. I know it's generally recommended that people leave the U.S. AT LEAST 90 days after staying 90 days in. What should he say to the immigration officer? I mean, he's got a return ticket set to depart in two weeks, though we will most likely change his return so he can stay longer. We're trying to play the long game here.

Should he say that he's visiting his wife for Thanksgiving? Will they know that he's filed an I-130? And if he's due to return in two weeks, do you think that's all they may stamp him for on his passport? Do you think it would be beneficial for him to carry a copy of the packet we made so they can see that he's trying to immigrate legally, if he's questioned about it? Ugh, I'm stressed. Please let me know what you think.

If asked of course he should be honest about that.

Yes they will know you have a I-130 soon as they put his name in system.

Its a hit and miss. It's very hard to say just make sure he has all his proof of ties to returning back.

Him staying so close to the 90 days shouldn't be an issue since he didn't overstay. But the recent filing could be. All he can do is try. I am sure you will be fine.

[k.dlg 297]

This Wednesday (11/27/13) my husband (U.K. citizen) is flying out to stay with me and my family for Thanksgiving. The only recent travel he's made to the U.S. was in May, where he stayed his entire 90 days before flying back home in August. We sent out our I-130 in October, so there is still long to go.

That being said, I am a bit worried about him being let back into the U.S. after only being out of the country for 114 or so days. I know it's generally recommended that people leave the U.S. AT LEAST 90 days after staying 90 days in. What should he say to the immigration officer? I mean, he's got a return ticket set to depart in two weeks, though we will most likely change his return so he can stay longer. We're trying to play the long game here.

Should he say that he's visiting his wife for Thanksgiving? Will they know that he's filed an I-130? And if he's due to return in two weeks, do you think that's all they may stamp him for on his passport? Do you think it would be beneficial for him to carry a copy of the packet we made so they can see that he's trying to immigrate legally, if he's questioned about it? Ugh, I'm stressed. Please let me know what you think.

My hubby is from the UK and has visited once since filing the I-130 in September and did not have a problem at all. In the past, he's visited before 90 days in between visits, also without problem. Basically, unless you give them a reason to suspect you're going to overstay (if you've overstayed before), then they won't hassle you, but simply ask the same questions.

As the person above stated, yes, be honest. You never know what they document on their computers when he passes through customs. But I would have to disagree with them knowing he's filed a I-130. I've asked this question before and many members have told me that they doubt USCIS would provide that information for customs officers review, especially if you only have a NOA1. Now, if he actually HAD the I-130, then yes, it's very possible that may be shown when they scan his passport.

I would advise him to bring proof that he still has ties to the UK, and also a copy of the first NOA1 (just in case). My hubby has always requested a letter (with a letterhead of the company) from his manager at work stating that he is still an employee and will return on a certain date to work. They've never asked for proof when he's gone through customs, but if they did, he had it just in case. Also, no matter how much time passed in between visits, they always stamp his passport for 90 days from the date he landed.

Hope this put your nerves at ease! I don't blame you though. I always worry when he takes a little longer than usual to come out when I'm waiting for him at international arrivals!

Edited November 26, 2013 by k.dlg