Can I visit USA whilst spouse visa being processed

[tonit56 0]

Hi

I wanted to know if anyone can assist me. I Started a fiancee visa 2 years ago and it went through fine, I went to USa got married and started my adjustment of status and advanced parole and EAD. Unfortunately...my mother fell terminally ill before i got the advanced parole. I had to leave without it as i could not get to speak to anyone in uscis. I arrived home on the 25th oct and my mother died on the 27th. Since then i have tried to get back to usa and due to not having parole, my case has been deemed abandoned. so we have started again with the I130 and then will go for the spouse visa so i can get back to my husband in USa. My question is. Can i go back to usa for holiday to see my husband, as i have the fiancee visa stamp in my passport. The visa has expired of course. I was told by a friend that because i have this visa in my passport i would not be allowed back in till the spouse visa is given.

Can anyone p[lease shed some light on this for me.

Thank you

[JFH 12,190]

Yes, you can visit. The K1 visa expired when you entered the country with it. It's a one-use visa. Do you have a British passport? If so, and assuming you meet the other requirements for the VWP you will be able to visit on the VWP. Obviously no entry into the country is ever guaranteed as it is at the discretion of the CBP officer upon arrival. But you are allowed to travel during this process.

[JFH 12,190]

Well, now I'm confused.

In this thread in February this year you said you had been approved for AP and EAD and were just waiting for the delivery in the mail

http://www.visajourney.com/forums/topic/585884-waiting-on-ead/#entry8011942

You said in that post you applied on 27 October but now you say you left on 25 October and your mother died on 27th, the same date you applied. I can't imagine that you were applying for EAD and AP from out of the country the same day your mother died? And if you had already left the country they was no point in applying anyway.

It helps if the stories match up when you are looking for accurate advice.

[tonit56 0]

Yes i do have a British passport. I was told that due to the visa stamp in it... no airline would fly me. As they would incur a hefty fine. So its good to hear that i would still be able to fly back. Also i wondered if you know, Due to me coming back to Uk I was not allowed back as i abandoned my I485. So now i have started a new visa spouse process, is that why i can return for holiday. I dont get penalized. Should i wait for I130 receipt before going or until we have sent in the I129 Spouse visa.

Thank you

[tonit56 0]

I left on the 24th of oct. arrived in uk on 25th. I applied for advanced parole and I485 and ead on 19th oct.

[tonit56 0]

yes they gave it. and then denied it as i was not in usa. the embassy in london said they would do my biometrics, but the uscis would not agree.. As i was not able to return , as they said the airline would incur a fine. it was then said to be abandoned. so we have had to start again..

[JFH 12,190]

Yes i do have a British passport. I was told that due to the visa stamp in it... no airline would fly me. As they would incur a hefty fine. So its good to hear that i would still be able to fly back. Also i wondered if you know, Due to me coming back to Uk I was not allowed back as i abandoned my I485. So now i have started a new visa spouse process, is that why i can return for holiday. I dont get penalized. Should i wait for I130 receipt before going or until we have sent in the I129 Spouse visa.

Thank you

Ok, it's starting to make more sense now.

The airline will fly you if you have an ESTA approval under the VWP (assuming you qualify for all the usual requirements for VWP). The previous visa is expired. A passport lasts 10 years so it's quite normal to have expired visas in from various places, that's not uncommon. My previous passport had 6 Chinese visas in along with a bunch of others. Expired visas are not a problem because you are now travelling under a different status. They would only be a problem if you try to use them.

You don't have to wait for anything. You can go as soon as you have been approved through the ESTA website and paid your $14. I have travelled to my husband many times before we started the CR-1 process and once since we started the process. Never been a problem.

How long are you planning to visit? A lengthy visit is likely to raise an eyebrow or two. I assume you have a job here that you are coming back to after your visit? I'd take a letter from your employer with you as CBP are going to assume you are an overstay risk because you have a hubby there.

[tonit56 0]

Thank you. No im not working. and wished to go for 2 months at least. i will keep paying for my lodgings whilst i go.

[NikLR 13,227]

There is no i-129 spouse visa. You may want to look at our wikis and guides for the IR1/CR1 process and make sure you understand before filing.

If you can get an ESTA so you can use the VWP then you can visit. You'll have to try to see if you can.

Edited May 11, 2016 by NLR

[Harpa Timsah 13,258]

Was there any time between when your I-94 expired and before you filed AOS?

[tonit56 0]

no my I94 expired in nov 2015 and i filed for I485 in october 2015