B1 travel to US while I-130 in process, with a slight twist

[casualsurfer 25]

OK so I did some research here and looks like the general consensus and experience for most people are positive. I submitted I-130 in mid November and received NOA1 for 11/20. My wife has visited me here in the states 3 times in 2013, the last time we entered together via SFO in late September, the USCIS agents took us to the side room and questioned the frequency of her visits but let us go and told me to follow the rules (i.e. apply for the proper visa for her).

My wife already has a B1 valid for 5 years, she has visited 3 times in 2013 totaling 183 days (~60 days each visit). I plan for her to wait 3 months (mid to late Jan.) before flying her back here again for about a month and half. Is that going to be a problem? I don't want her to be turned back at the airport, and we will have the following documents ready:

1) Her return flight

2) Car ownership proof

3) House ownership proof

Would that be sufficient? Should I let the border agents know we have the I-130 in process or don't mention it at all?

I'm assuming it'll take about a year for the CR-1 to be completely done, but I do want her to visit a few times in 2014 before the CR-1 is done, and the goal is not to exceed 180 days and gaps of 3 months between visits.

Thanks!

[calvinch 3]

I wouldn't mention anything about the I-130 in process, unless asked specifically. The key to dealing with border agents is to be polite and never provide more information than requested.

[casualsurfer 25]

OK I've read about 20 different threads regarding POE denied entry while I-130 is in process, it seems to be a toss up: some people have had experience of being turned back, most people say they did get in only with plenty of "strong tie proof".

Suggestions also include booking return flight with no penalty (in case the spouse gets denied entry).

Anyone else have experience traveling on B1/VWP while I-130 is in process? I'm interested especially those foreign spouses who have spent a significant number of days in the US prior.

Edited December 13, 2013 by casualsurfer

[aaron2020 11,651]

OK so I did some research here and looks like the general consensus and experience for most people are positive. I submitted I-130 in mid November and received NOA1 for 11/20. My wife has visited me here in the states 3 times in 2013, the last time we entered together via SFO in late September, the USCIS agents took us to the side room and questioned the frequency of her visits but let us go and told me to follow the rules (i.e. apply for the proper visa for her).

My wife already has a B1 valid for 5 years, she has visited 3 times in 2013 totaling 183 days (~60 days each visit). I plan for her to wait 3 months (mid to late Jan.) before flying her back here again for about a month and half. Is that going to be a problem? I don't want her to be turned back at the airport, and we will have the following documents ready:

1) Her return flight

2) Car ownership proof

3) House ownership proof

Would that be sufficient? Should I let the border agents know we have the I-130 in process or don't mention it at all?

I'm assuming it'll take about a year for the CR-1 to be completely done, but I do want her to visit a few times in 2014 before the CR-1 is done, and the goal is not to exceed 180 days and gaps of 3 months between visits.

Thanks!

No one can tell you if those factors are sufficient as there are no bright line rules.

The CBP has 100% discretion on admitting visitors at the POE, so it will be up to the officer to look at the totality of her circumstances.

The rule of thumb is that she should spend more time outside the US than inside the US. However, there is no bright line rules about what that should be.