What are my chances of entering US?

[USandMalaysia 6]

Hi,

I am Malaysian and married to USC. We have a son (11 months old) who have dual citizenship.

My husband is currently in the US working and I am planning to visit him sometime in October with my son.

I have B2 visa but never travel to US yet. This will be my first time. My son will be travelling using his US passport.

I have IR-1 PD 23rd May 2016 still pending for approval (Hopefully it will be approved by the time l leave). I plan to stay in US for 6 months (the maximum no of days i am allowed to stay) to spend time with my husband as well as to experience US. Unless my IR-1 approved before the 6 months end then i will go back to Malaysia for the interview at embassy.

I have a stable job in Malaysia but most probably i will have to give up as i only given maximum 30 days of day off per calendar year. Other than my job, the only ties i have with my home country are car, bank accounts, retirement savings, old parents and pending IR-1 which show that i will definitely coming back to complete the whole process.. I couldnt think anything else that i need to prove.

What are my chances of entering US? Is it complicated or i am just thinking too much...

Thank you :-)

[Cheezees 1,514]

From what I have read so far, there is no guarantee you will be allowed to enter the US while the IR1 is pending. Here are some of the concerns:

1. I have B2 visa but never travel to US yet. It is easier for someone who has traveled to the US before (and usually other European countries) and returned to establish that they will return to their country. Have you traveled to other countries before?

2. I plan to stay in US for 6 months. You say you only have 30 days off so does that mean that you have a plane ticket with a return date 30 days after entry? Or 180 days after entry? This leads to...

3. I have a stable job in Malaysia...i will have to give up. So if you are planning to stay for 6 months does that you know beforehand that you are quitting your job? USCIS treats all visitors are possible immigrants and this is one of your "stong ties" that you will be giving up. Also,

4. ...pending IR-1 which show that i will definitely coming back to complete the whole process. Even though it may seem like a contradiction, a pending IR1 is not proof that you will return. It can be seen as an incentive to visit and stay because the process can take over a year and you want to bring the child here and "jump the line".

BUT, all is not lost! Here are some things you have going for you:

5. Malaysia is considered a low-risk fraud country - this means generally speaking people from your country have "done the right thing" immigration-wise - fewer scam marriages, they visited and returned when they said they would, etc.

6. Your trip is not planned until October so it is possible for your approval to occur before you leave - that would be awesome!

7. You already have a tourist visa - While a visa is not a promise of entry, you've been vetted in the past and the outcome was in your favour so you were issued a US visa. There are countless stories here on VJ of others who been denied visas multiple times.

So, do I think you're overthinking this? Possibly! But it's good that you asking because USCIS already knows for a fact that you have intentions to immigrate and they may view your case with more scrutiny. I'd want to be prepared too. Good luck!

[Harpa Timsah 13,258]

When did you get the visa? If you got it after you were married and after you had a kid, then no problem.

[MacUK 983]

I have a stable job in Malaysia but most probably i will have to give up as i only given maximum 30 days of day off per calendar year. Other than my job, the only ties i have with my home country are car, bank accounts, retirement savings, old parents and pending IR-1 which show that i will definitely coming back to complete the whole process.. I couldnt think anything else that i need to prove.

Think about it logically, how are any of those thing ties to your country when you're planning to leave them all behind very soon?

How recently did you receive your B-2 visa?

[USandMalaysia 6]

From what I have read so far, there is no guarantee you will be allowed to enter the US while the IR1 is pending. Here are some of the concerns:

1. I have B2 visa but never travel to US yet. It is easier for someone who has traveled to the US before (and usually other European countries) and returned to establish that they will return to their country. Have you traveled to other countries before?

I travelled before but only to neighbour country - Singapore, Thailand & Brunei.

2. I plan to stay in US for 6 months. You say you only have 30 days off so does that mean that you have a plane ticket with a return date 30 days after entry? Or 180 days after entry? This leads to...

My return daye will be 180days after entry

3. I have a stable job in Malaysia...i will have to give up. So if you are planning to stay for 6 months does that you know beforehand that you are quitting your job? USCIS treats all visitors are possible immigrants and this is one of your "stong ties" that you will be giving up. Also,

Yes i will be quitting my job beforehand because i wont be able to be absent from work for this long. I have been working since i graduated 8years ago, and never jobless.

4. ...pending IR-1 which show that i will definitely coming back to complete the whole process. Even though it may seem like a contradiction, a pending IR1 is not proof that you will return. It can be seen as an incentive to visit and stay because the process can take over a year and you want to bring the child here and "jump the line".

yeap this is what i dont want them to think. Because personally i wont do that, my work history and education hopefully can shows that i am not that type of person that would do something ilegally.

BUT, all is not lost! Here are some things you have going for you:

5. Malaysia is considered a low-risk fraud country - this means generally speaking people from your country have "done the right thing" immigration-wise - fewer scam marriages, they visited and returned when they said they would, etc.

6. Your trip is not planned until October so it is possible for your approval to occur before you leave - that would be awesome!

7. You already have a tourist visa - While a visa is not a promise of entry, you've been vetted in the past and the outcome was in your favour so you were issued a US visa. There are countless stories here on VJ of others who been denied visas multiple times.

So, do I think you're overthinking this? Possibly! But it's good that you asking because USCIS already knows for a fact that you have intentions to immigrate and they may view your case with more scrutiny. I'd want to be prepared too. Good luck!

When did you get the visa? If you got it after you were married and after you had a kid, then no problem.

I got my visa last year. We were married and i was pregnant during that time. But my husband was still in Malaysia for some contract job at that time. He recently just go back US and work to reestablish domicile right after we submit the ir-1 in preparation for us to have place to stay and etc once my gc approved.

Think about it logically, how are any of those thing ties to your country when you're planning to leave them all behind very soon?

How recently did you receive your B-2 visa?

I got my B2 about a year ago. We of course have intention to move but not at this trip, so i will be leaving all things behind anytime once the gc approved. Based on ir-1 processing time it will take up to 1year. Hence May 2017. So our plan is my son and I go to US, stay for 6months and come back in April 2017, which just about time for my interview (hopefully), or it could be earlier, if it is then we will come back to Malaysia earlier for the interview.

My husband left to US from Malaysia in July 2016. We just do not want to be separated for too long especially with our son now and with his current job he wont be able to visit us anytime soon.

[Unlockable 7,315]

Nobody wants to be separated by their love ones for long periods of time. But it happens every day with immigration. You story is not new. Family separation is one of the biggest sacrifices we make when deciding to take the immigration journey.

[squareleg 69]

I think, you have better chances based on your post. Just answer the questions at immigration honestly and provide evidence, if asked.

[USandMalaysia 6]

I think, you have better chances based on your post. Just answer the questions at immigration honestly and provide evidence, if asked.

Thank you!

Ill update once again in October. Hopefully all goes well! :-)

[Ryan H 3,813]

3. I have a stable job in Malaysia...i will have to give up. So if you are planning to stay for 6 months does that you know beforehand that you are quitting your job? USCIS treats all visitors are possible immigrants and this is one of your "stong ties" that you will be giving up. Also,

USCIS has nothing to do with tourist visas, only CO's at Embassies and Consulates who make the decision to issue and CBP officers at POE's who make the decision to allow or deny entry.

[USandMalaysia 6]

Hi,

I will be visiting my husband in US in 2 weeks! I will be travelling with my son (dual citizenship - Malaysia/US). As mentioned in my previous post that i might leave my job but then I got 3 months unpaid leave from my company (yayy!) plus I will have another 30 days annual leave. So I will be there for about 4 months and hopefully by the time i go back to Malaysia it will be my interview at the embassy . I have some questions:-

1) What supporting documents should i bring for POE. Should I bring the original or photocopy will do (eg: Birth cert). The reason I ask this so I know where should i pack it.

2) Since my son is USC should I go to USC counter or normal counter at the immigration?

3) Besides that, I am expecting that my case will be approved while im in US. So I will be bringing over documentations for the NVC stage. I have check in Wiki NVC, below are the basic documents that i need to prepare, Anything else should i prepare?

-Two passport-style photographs (2" x 2") of beneficiary (on the back, write: beneficiary's full name, date of birth, and case number)

-Copy of bio-data page of beneficiary's unexpired passport

-Photocopy of beneficiary's birth certificate

-Photocopy of marriage certificate

-Photocopy of police certificate(s)

4) How long is the validity of the Police Certificate?

Thank you!

[Ryan H 3,813]

~~~Post merged with existing thread.~~~

Hi,

I will be visiting my husband in US in 2 weeks! I will be travelling with my son (dual citizenship - Malaysia/US). As mentioned in my previous post that i might leave my job but then I got 3 months unpaid leave from my company (yayy!) plus I will have another 30 days annual leave. So I will be there for about 4 months and hopefully by the time i go back to Malaysia it will be my interview at the embassy . I have some questions:-

1) What supporting documents should i bring for POE. Should I bring the original or photocopy will do (eg: Birth cert). The reason I ask this so I know where should i pack it.

2) Since my son is USC should I go to USC counter or normal counter at the immigration?

3) Besides that, I am expecting that my case will be approved while im in US. So I will be bringing over documentations for the NVC stage. I have check in Wiki NVC, below are the basic documents that i need to prepare, Anything else should i prepare?

-Two passport-style photographs (2" x 2") of beneficiary (on the back, write: beneficiary's full name, date of birth, and case number)

-Copy of bio-data page of beneficiary's unexpired passport

-Photocopy of beneficiary's birth certificate

-Photocopy of marriage certificate

-Photocopy of police certificate(s)

4) How long is the validity of the Police Certificate?

Thank you!