travel to the US while visa is pending

[Coco&Kitten 42]

Hi guys,

Is it true that I can't travel to the US while we are waiting on the visa application, this means after sending our I-130? I have meetings and presentations that I normally attend in the US and other countries, and I should know the answer before I start applying. Anyone knows?

thanks

[YuAndDan 153]

Yes, but you need to demonstrate to the officer at the POE that you have strong ties back home and a reason to return home, or they will prevent you from entering the USA.

[Boiler 43,631]

Yes, but you need to demonstrate to the officer at the POE that you have strong ties back home and a reason to return home, or they will prevent you from entering the USA.

Which applies for every visit

I did, many do

[Coco&Kitten 42]

Thanks for your answer, but how does the officier at the POE know that I applied for a visa in Spain? I think there is no way of knowing, it is just as always, you have to show your return plane ticket and so on... is that right?

Yes, but you need to demonstrate to the officer at the POE that you have strong ties back home and a reason to return home, or they will prevent you from entering the USA.

[YuAndDan 153]

Thanks for your answer, but how does the officier at the POE know that I applied for a visa in Spain? I think there is no way of knowing, it is just as always, you have to show your return plane ticket and so on... is that right?

Yes, but you need to demonstrate to the officer at the POE that you have strong ties back home and a reason to return home, or they will prevent you from entering the USA.

The POE is part of Homeland Security, the consulate sends data from your I-130 back to USCIS for name checking, USCIS is also part of Homeland Security. Computers are amazing things when it comes to data.

All the POE officer has to do is swipe your passport, and there you are, visa case pending!

Edited March 22, 2007 by YuAndDan

[John and Sonya 0]

Hi guys,

Is it true that I can't travel to the US while we are waiting on the visa application, this means after sending our I-130? I have meetings and presentations that I normally attend in the US and other countries, and I should know the answer before I start applying. Anyone knows?

thanks

Many people have applied for B-2 Tourist visas while awaiting for the immigration visa is being approved. My wife and I did and she has a 5 year tourist visa. We proved nothing and turned in nothing except application and strong argument that it would be foolish of us to have her overstay her tourist visa and immigrate while in US. First off its illegal and can jeopardize your immigrant visa and you will be banned from US for 10 years. Second we told them that while we wait for immigration visa, she wanted to spend time visiting my family and getting to know america.

Now I understand its based on the officer, and what mood they are in, but, there is also a very good possibility to get it as well. But we did have all the other proof just in-case they asked. At POE, I was with her, the officer smiled and welcomed her to the US and told her to make sure she leaves the country within the 6 months.

Its a $100 gamble, the application is $100, appointments are around 1-4 weeks to get in most countries, and the odds with some smiling and logic conversation, you will get the B-2. We know many who got their B-2 from third world countries with tough standards for woman to immigrate such as Ukraine. Now if you are a man, whole different subject, more paper work. Good luck.

[bevray 0]

The last time I returned from London visiting my wife I asked the customs agent what my wife needed to do to come see me while our case was in the works. The very nice young lady checked with her supervisor and told me most importantly be honest, tell them right up front you are coming to visit your husband and that you have an immigrant visa application filed. Next she said be sure to have a return ticket. And lastly she said do not give them any "attitude", be honest, answer all questions and be polite. I have heard people on VJ say you need all sorts of proof, and by all means bring it all, but clearly they know you have a visa application and they need you to honest with them.

[John and Sonya 0]

The last time I returned from London visiting my wife I asked the customs agent what my wife needed to do to come see me while our case was in the works. The very nice young lady checked with her supervisor and told me most importantly be honest, tell them right up front you are coming to visit your husband and that you have an immigrant visa application filed. Next she said be sure to have a return ticket. And lastly she said do not give them any "attitude", be honest, answer all questions and be polite. I have heard people on VJ say you need all sorts of proof, and by all means bring it all, but clearly they know you have a visa application and they need you to honest with them.

I absolutely agree. Honesty, smile and have back up info just in case. We did not have a return ticket, because we honestly told them she was going to stay until we got a new interview date, we did not realize it was a week later!! LOL Its ashame that more wives have not applied for b-2 while waiting for their immigrant visa's. Peopel are just not aware its possible to wait for your immigrant visa interview and visit your husband in the US. USCIS and DHS are not in the business to keep family apart, in fact, they post that they are to join families as fast as possible. Unfortunately, there are difficult people in DHS and USCIS just like every where else. ADVICE - APPLY!!!!!! There is a good chance you may get it. But also be real, there is a chance you may get that one person who will make it hard on you, so be polite, honest, smile, and have all the required info they recommend if they ask.

[captainButch 0]

I went to the Embassy on Tuesday, here in Nicaragua. I asked about getting a tourist visa and told them we'd be crazy not to come back to finish the process. the visa chief agreed, but we still didn't get a tourist visa. However, other people who are in the same boat we are in with the Adam Walsh thing went to their Embassy and had better luck than we did. Go ahead, give it a shot, I just hope you have better luck then we did. I guess it all depends on your Embassy.

captainButch

[John and Sonya 0]

I went to the Embassy on Tuesday, here in Nicaragua. I asked about getting a tourist visa and told them we'd be crazy not to come back to finish the process. the visa chief agreed, but we still didn't get a tourist visa. However, other people who are in the same boat we are in with the Adam Walsh thing went to their Embassy and had better luck than we did. Go ahead, give it a shot, I just hope you have better luck then we did. I guess it all depends on your Embassy.

captainButch

Sorry to hear that, but it is a ####### shoot. When my wife was at the Ukraine embassy, there were three consulates, two were smiling and giving tourist visa's, one was tough and rejecting most of them. So the odds at Ukraine > 66% that you could get a B-2. So I say AGAIN, GO FOR IT. $100 plus some travel costs, will most likely allow you to have your wife visit you while you wait. And I am sure that those of us that had our inteviews cancelled where treated more gently.

[Coco&Kitten 42]

Hi all, thanks for all your answers. I just want to visit the US for a week or two in June and this is why I asked the question, in case I had to wait to send my I-130 till then.

And anyway, I do not think I need a B-2 visa since Spain is a visa waiver program (VWP) and allows me to travel with my passport. The B-2 apply to those countries that do not have the agreement with the US and I have never heard of anybody here applying for this one.

[girlafraid7 0]

Hi all, thanks for all your answers. I just want to visit the US for a week or two in June and this is why I asked the question, in case I had to wait to send my I-130 till then.

And anyway, I do not think I need a B-2 visa since Spain is a visa waiver program (VWP) and allows me to travel with my passport. The B-2 apply to those countries that do not have the agreement with the US and I have never heard of anybody here applying for this one.

Hi again,

i called Madrid with this exact question a couple weeks ago. They said of course you can travel to the US but you need to have a return ticket. So that´s one story....I agree with everyone else though that it is a risk...one that we also are going to take!

[tsunamihart 0]

Sorry this answer is so delayed but I've been away from VJ for a long time since Cristina and I don't have to do anythng until Jan 08. Cristina travelled many times back and forth while we were waiting for her K1 ( and many times since) all she had to do was show that she still had property there and that she was paying rent for an apartment and when the lease was up. Hope this helps and good journeying!