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haboosh

Can I visit USA on my tourist visit visa and I am on administrative process for my immigrant visa?? Please help

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Filed: IR-1/CR-1 Visa Country: China
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you not yet hold an immigrant visa, as

it's not been ISSUED yet. Technically, you still hold the tourist visa until the immigrant visa is issued.

where is your passport? in your hand? at mom's house? at the embassy? where?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: F-2A Visa Country: Kuwait
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you not yet hold an immigrant visa, as

it's not been ISSUED yet. Technically, you still hold the tourist visa until the immigrant visa is issued.

where is your passport? in your hand? at mom's house? at the embassy? where?

My passport is with me, not in my mom's house and of course not in your mom's house and also not in the embassy

We cannot be sure of having something to live for unless we are willing to die for it.
CHE GUEVARA

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Filed: Citizen (apr) Country: Canada
Timeline

What can you show the CBP that will indicate that you MUST return to your home country? You have strong immigrant intent and it may look like you are trying to simply get to the USA because your immigrant visa is taking too long. What can you show to indicate that this is not the case? it must be strong ties.

good luck

PS - I wouldn't risk it. Clearly they are checking on stuff, adding an additional element to your case is, in my opinion, silly.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: F-2A Visa Country: Kuwait
Timeline

What can you show the CBP that will indicate that you MUST return to your home country? You have strong immigrant intent and it may look like you are trying to simply get to the USA because your immigrant visa is taking too long. What can you show to indicate that this is not the case? it must be strong ties.

good luck

PS - I wouldn't risk it. Clearly they are checking on stuff, adding an additional element to your case is, in my opinion, silly.

Round trip tickets, letter of employment and bank statement, do you think this will be enough? I applied for immigration in Nov 2010, at that time the visa visa was already stamped on my passport.

We cannot be sure of having something to live for unless we are willing to die for it.
CHE GUEVARA

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Filed: F-2A Visa Country: Kuwait
Timeline

What can you show the CBP that will indicate that you MUST return to your home country? You have strong immigrant intent and it may look like you are trying to simply get to the USA because your immigrant visa is taking too long. What can you show to indicate that this is not the case? it must be strong ties.

good luck

PS - I wouldn't risk it. Clearly they are checking on stuff, adding an additional element to your case is, in my opinion, silly.

Thanks, I think i will not take the risk, as you have mentioned it could be silly.

We cannot be sure of having something to live for unless we are willing to die for it.
CHE GUEVARA

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Filed: Citizen (apr) Country: Canada
Timeline

Round trip tickets, letter of employment and bank statement, do you think this will be enough? I applied for immigration in Nov 2010, at that time the visa visa was already stamped on my passport.

No, that is not enough

Jobs can be left easily

Money can be accessed by family members or electronically

Tickets can be abandoned.

People have done may more to circumnaviage the immigraiton system.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Hey haboosh,

I know youre well aware of my husband's long AP and details

We have experience when it comes to this-everyone's experience and therefore advice will vary but I can tell you from first hand experience that in our case it was impossible to prove that my husband has no intent to stay. Initially before I had petitioned for him on his first trip back to the US after we were married, he came into POE like he normally had in the past. after few hours, they denied him entry. I spoke with Border control supervisor and she explained that although I had a ticket to return with my husband and we say we have no intent for him to stay on his business visa, she isnt convinced. She said he is now married to a US citizen whereas in the past we were only engaged so now he would have a higher intent to stay. That doesnt make sense to me personally because w would never risk that knowing that I will petition him in the future but he was turned back. So although you say they're 2 different visas and not connected, on the contrary-they're very connected once youre married to US citizen. The consular officer explained it to my husband later on in the process saying that once you married, that shows even higher intent to immigrate obviously. So more than likely at the airport, the officer will not be convinced and turn you right back around on the next plane. However, Im only speaking from our end of the experience; I have read here on VJ stories of couples who did the same and the alien spouse was allowed in with no issues even after their petition was pending. So it all depends on your luck with the officer at POE, the consular said thats all it comes down to most of the time. It isnt illegal to try, but be aware as another poster was informing you: it does affect the case somewhat. If you are denied entry, later on in the immigration process, the consular section will request records of that denial from the Border control responsible for the airports. This may very well take months, even years to extract from them and therefore lengthens your Ap process. Consular section wont issue visa without first seeing this record as to what happened that day and details of why you were turned away. Sorry post is so long but I like to arm people with as much as real knowledge as possible to save people the headache of assuming.

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Filed: Other Timeline

This is not simply a petition being processed and

you want to chance a trip because you have a valid

tourist visa. YOU ARE IN AP your country get torrid

security screenings, why would you think it is OK to

come to the US during "Administrative processing"

even though the embassy did not advise you not to?

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Filed: F-2A Visa Country: Kuwait
Timeline

This is not simply a petition being processed and

you want to chance a trip because you have a valid

tourist visa. YOU ARE IN AP your country get torrid

security screenings, why would you think it is OK to

come to the US during "Administrative processing"

even though the embassy did not advise you not to?

Why would you think its NOT ok?? if you have something valuable to add please post it and if not then please don't

Hey haboosh,

I know youre well aware of my husband's long AP and details

We have experience when it comes to this-everyone's experience and therefore advice will vary but I can tell you from first hand experience that in our case it was impossible to prove that my husband has no intent to stay. Initially before I had petitioned for him on his first trip back to the US after we were married, he came into POE like he normally had in the past. after few hours, they denied him entry. I spoke with Border control supervisor and she explained that although I had a ticket to return with my husband and we say we have no intent for him to stay on his business visa, she isnt convinced. She said he is now married to a US citizen whereas in the past we were only engaged so now he would have a higher intent to stay. That doesnt make sense to me personally because w would never risk that knowing that I will petition him in the future but he was turned back. So although you say they're 2 different visas and not connected, on the contrary-they're very connected once youre married to US citizen. The consular officer explained it to my husband later on in the process saying that once you married, that shows even higher intent to immigrate obviously. So more than likely at the airport, the officer will not be convinced and turn you right back around on the next plane. However, Im only speaking from our end of the experience; I have read here on VJ stories of couples who did the same and the alien spouse was allowed in with no issues even after their petition was pending. So it all depends on your luck with the officer at POE, the consular said thats all it comes down to most of the time. It isnt illegal to try, but be aware as another poster was informing you: it does affect the case somewhat. If you are denied entry, later on in the immigration process, the consular section will request records of that denial from the Border control responsible for the airports. This may very well take months, even years to extract from them and therefore lengthens your Ap process. Consular section wont issue visa without first seeing this record as to what happened that day and details of why you were turned away. Sorry post is so long but I like to arm people with as much as real knowledge as possible to save people the headache of assuming.

Thanks Lulu, this is the best answer

We cannot be sure of having something to live for unless we are willing to die for it.
CHE GUEVARA

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