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sarausara

I got SHOCKED after i called NVC please help meeee !!!!

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Hello everyone,

I applied for immigrant visa to my parents, both applications were approved And sent to NVC, now im almost in the last step before scheduling visa interview for them.

Now the thing is my parents are coming next week with a valid tourist visa, they had it few years ago before i applied for immigrant visa for them.

I called nvc to check on their status and i asked the representative if its fine if they come with their valid visa if their immingrant visa is in process and she said " i dont know check with USCIS" so i called USCIS and they said that they should have no problem.

But talking to my friend earlier she said once their applications go to NVC, their visa tourist automaticly gets cancelled?!!!

Please help, i called moroccan cansulate and USCIS and both said that they dont see any problem in this !!

I hope someone who had an experience similar than this can reply !!!!

Thank you much

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hi

not true, don't worry, they don't get cancelled

but as always, the officer at customs has the discretion to allow or deny entrance to the US, that's for everyone.

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There is no such thing, you were lied to. However, as suggested above they still have to prove that they will return home at the end of their stay to the CBPO.


This does not constitute legal advice.

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I can tell you what happened to me.

Boston airport: me and my wife (she had an ESTA) at the custom.

Officer says: are you coming for a vacation?

Answer: yes.

O.: Is your husband US citizen?

Yes

O.: What's the job of your husband?

He retired.

How long will you stay in the States?

3 months

Sorry but you are not admitted in the United States.

I will keep your ESTA.

You have to go back in your Country and require an immigrant visa.

After 8 hour by plane, me and my wife went back to our country with other 8 hours.

Now we are waiting for the I-130 and after 8 months no news.

My suggestion is:

if you are lucky, you can get a nice officer who can let pass your parents at the border, but if you have a I-130 request open, 99,99% of the times they will go back to their country.

You can't go to USA with an ESTA or B1 or B2 visa if you have a I-130 in progress.


Feb 12, 2014 I-130 Initial review
Mar 3, 2014 I-129F K3 Initial review
July 12, 2014 end of the timeline that Nebraska indicate for NOA2
Sep 09, USCIS contacted, delay of time due to "security checks"
Sep 15, Senator take care about my case
Sep 20, same answer to my senator from USCIS
Sept 25, I-130 and K3 has been approved!
Oct 15, I-130 sent to NVC from USCIS.
Oct 21, I-130 received by NVC.
Waiting to have a number from NVC and the timelimit of 30 days has gone
48 days and no case number received yet.
Nov 10, expedite sent from Office' Senator to NVC
Nov 12, Case number assigned!
Nov 13, AoS Bill received
Nov 21, bypassed NVC to Naples Consulate.
Dec 09 medical exam
Dec 10 interview and Visa approved

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Not true.

Just because your wife haven't been let in, it doesn't mean that EVERYBODY isn't being let in.

There are threads "Yes, you can visit!" in these forums, so people are able to visit while waiting for their immigrant visa.

Was that your wife's first trip to the US?

Besides, you can't spend 3 months in the US using ESTA.

It's limited to 90 days, which is a little less than 3 months.

To the OP - ESTA is a visa vaiwer program. Some countries don't need visas to visit the US.

Let me be pinicky like you are.

In our case the ESTA was over 3 months

feb (28) March (31) April (30) plus 1 day of may = 60 days.

So please stop to give sentence!

And was not the first trip of my wife in USA.

If you have a I-130 in progress you CANNOT go to USA.

If you lie to the border and they don't get you, you can pass, but if you are caught they send you back to your country.

In our case we were honest at the border and the officer said: sorry but if you have a I-130 in progress you can't go to USA, you have to wait in your country to have the authorization.

And they do this because once in USA soil you can do an adjust of status and stay in USA waiting for the NOA2.

Am I enough clear for you pinicky girl?

Good luck and have a nice day


Feb 12, 2014 I-130 Initial review
Mar 3, 2014 I-129F K3 Initial review
July 12, 2014 end of the timeline that Nebraska indicate for NOA2
Sep 09, USCIS contacted, delay of time due to "security checks"
Sep 15, Senator take care about my case
Sep 20, same answer to my senator from USCIS
Sept 25, I-130 and K3 has been approved!
Oct 15, I-130 sent to NVC from USCIS.
Oct 21, I-130 received by NVC.
Waiting to have a number from NVC and the timelimit of 30 days has gone
48 days and no case number received yet.
Nov 10, expedite sent from Office' Senator to NVC
Nov 12, Case number assigned!
Nov 13, AoS Bill received
Nov 21, bypassed NVC to Naples Consulate.
Dec 09 medical exam
Dec 10 interview and Visa approved

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Let me be pinicky like you are.

In our case the ESTA was over 3 months

feb (28) March (31) April (30) plus 1 day of may = 60 days.

So please stop to give sentence!

And was not the first trip of my wife in USA.

If you have a I-130 in progress you CANNOT go to USA.

If you lie to the border and they don't get you, you can pass, but if you are caught they send you back to your country.

In our case we were honest at the border and the officer said: sorry but if you have a I-130 in progress you can't go to USA, you have to wait in your country to have the authorization.

And they do this because once in USA soil you can do an adjust of status and stay in USA waiting for the NOA2.

Am I enough clear for you pinicky girl?

Good luck and have a nice day

Sorry if I offended you. It wasn't my intention.

Your ESTA was 90 days and not 60 ;)

And yes, you're right - in your case it was more than 3 months.

But many people are visiting their SO while their I-130 is in progress, so maybe your CBP officer had a bad day or something. Maybe your wife travelled too often to the US, and that's why he didn't let her in this time.

You too have a nice day :)

Edited by Asia

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Sorry if I offended you. It wasn't my intention.

Your ESTA was 90 days and not 60 ;)

And yes, you're right - in your case it was more than 3 months.

But many people are visiting their SO while their I-130 is in progress, so maybe your CBP officer had a bad day or something. Maybe your wife travelled too often to the US, and that's why he didn't let her in this time.

You too have a nice day :)

No offense at all.

My mistake to say 60 instead 90

The chief of the officer at the Boston POE told me that trying to entry with an ESTA when you have a I-130 in progress is considered a lie and that is a federal crime.

If you pass the border telling that you are just visiting, if you are lucky and they trust you you can go in.

In our case we were honest and the chief send back us to our country telling us was not possible to do that.

My wife went in USA 1 year ago for the first time in her life.

The second time was in march, when we already started with the I-130 request.

Anyway, I trust that officer.

You trust I don't know who.

Different point of view.

No problem... you keep yours, I keep mine. :)


Feb 12, 2014 I-130 Initial review
Mar 3, 2014 I-129F K3 Initial review
July 12, 2014 end of the timeline that Nebraska indicate for NOA2
Sep 09, USCIS contacted, delay of time due to "security checks"
Sep 15, Senator take care about my case
Sep 20, same answer to my senator from USCIS
Sept 25, I-130 and K3 has been approved!
Oct 15, I-130 sent to NVC from USCIS.
Oct 21, I-130 received by NVC.
Waiting to have a number from NVC and the timelimit of 30 days has gone
48 days and no case number received yet.
Nov 10, expedite sent from Office' Senator to NVC
Nov 12, Case number assigned!
Nov 13, AoS Bill received
Nov 21, bypassed NVC to Naples Consulate.
Dec 09 medical exam
Dec 10 interview and Visa approved

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Entry of a visa waiver or visitor visa whilst an i130 is in progress is at the discretion of the border officer. The burden is on the visitor to prove that they understand that they cannot adjust status whilst in the US and that they will leave (show ties to their home country).

Since my husband submitted the i130 I have visited four times on a visa waiver for 2.5 weeks, 2 weeks, 11 weeks and 11 weeks. I was honest every time and have discussed my immigration intent and IR1 application with the border officer.

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If you lie to the border and they don't get you, you can pass, but if you are caught they send you back to your country.

If your plan is to come on a visitor's visa and adjust status, but you lie at POE that you just want to visit and you get caught, yes, they deny you entry.

If your plan is to come on a visitor's visa to visit, and you show ties to your country if asked, you can enter the country, regardless of having an I-130 pending. You don't have to lie at the POE to enter the country for a visit with an I-130 pending. Plenty of people have done that.

Btw, not very smart to lie to the people with computers in front of them containing all sorts of immigration data about you. They probably know about the I-130 before you tell them, so saying that people who visit with an I-130 pending are lying about it is naïve at best.

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