Jump to content
Christopher F

Wife already had Tourist Visa, can she enter while I-130 is processing?

9 posts in this topic

Recommended Posts

Hello all,

Thanks to all who help contribute the great info on this site that has helped me a lot so far!

I'm posting this question because all the other threads get filled up with off-topic questions etc.

Question:

My Brazilian wife had a J1 student visa- and currently has a valid us tourist visa. We got our NOA1 about a month and a half ago. Is she free to travel here for a vacation? Any precautions I need to take or anything we need to do?

Does she have any chance at all to get denied at customs when she arrives here? Can her traveling here, in any way, negatively affect our ongoing CR1 visa process?

Thanks in advance to any replies I receive!

Chris

Share this post


Link to post
Share on other sites

She is free to travel here, but is not guaranteed entry. She should bring documents with that show strong ties to her country and be prepared to explain why she needs to return. Yes, they can deny her. Yes, they will know she has a pending immigrant visa application. No, it will not hurt you if she does get denied at POE.

People travel to the US on visitors visas all the time while they have immigrant appliations pending! But plenty of them get denied, too. There's really no way to know! But you don't lose anything by trying.

EDIT: the only way it could harm you is if she lies to the customs officers. So, don't do that :)

Edited by afortunada

Married: 5-July-2015
----------
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
**Note: We received four text messages at 6:45 AM CST (Friday) about our case status update. We never received an e-mail nor alert from the app**
NOA2 Hard Copy Received: 06-October-2016
----------
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
**No alert of any kind received for this update; saw the change by logging into USCIS website**
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
**Called NVC on 2-November-2016 and she said case and invoice number had been assigned 31-October.**
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS & IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017
 
 
 
 

Share this post


Link to post
Share on other sites

Does she have any chance at all to get denied at customs when she arrives here?

Yes. There is always a chance. A valid tourist visa does not guarantee entrance into the U.S. When she was granted the tourist visa, was she married to you at the time?

She should bring strong ties to Brazil at the time of travel.

Good luck


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

Share this post


Link to post
Share on other sites

Thanks for the input so far guys!

She was issued the tourist visa a few years ago, before we were married. She's not working now, so I can't really think of any "strong ties" that she has to Brazil. No house payments etc. No real obligations. Could that be a problem? I'd hate to waste $1500 on a plane ticket when I could just as easily go down there.

Any further advice/help is appreciated! :)

Chris

Share this post


Link to post
Share on other sites

A year and a half ago when my husband filed the petition for us asked me to apply for a tourist visa to spend the summer with him and he even booked the tickets. Although I had all the evidence of coming back such as business, bank statement, property but I was denied the visa and lost the tickets fees.

Edited by Ryan H
Reason for edit: to remove double post.

Share this post


Link to post
Share on other sites

Thanks for the input so far guys!

She was issued the tourist visa a few years ago, before we were married. She's not working now, so I can't really think of any "strong ties" that she has to Brazil. No house payments etc. No real obligations. Could that be a problem? I'd hate to waste $1500 on a plane ticket when I could just as easily go down there.

Any further advice/help is appreciated! :)

Chris

I personally wouldn't risk it and would just go down there, but again that is totally up to you. My husband was denied coming to see me in the US, so that comes just from my experience! He had school, work, house, children... Everything to return to in Mexico.


Married: 5-July-2015
----------
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
**Note: We received four text messages at 6:45 AM CST (Friday) about our case status update. We never received an e-mail nor alert from the app**
NOA2 Hard Copy Received: 06-October-2016
----------
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
**No alert of any kind received for this update; saw the change by logging into USCIS website**
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
**Called NVC on 2-November-2016 and she said case and invoice number had been assigned 31-October.**
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS & IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017
 
 
 
 

Share this post


Link to post
Share on other sites

Primary issue facing i130-pending B2 entrant is convincing CBP in 2 minutes that they won't AOS.

Because.. many B2 entrants do just that.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Share this post


Link to post
Share on other sites
On 12/28/2016 at 7:47 PM, Christopher F said:

Thanks for the input so far guys!

She was issued the tourist visa a few years ago, before we were married. She's not working now, so I can't really think of any "strong ties" that she has to Brazil. No house payments etc. No real obligations. Could that be a problem? I'd hate to waste $1500 on a plane ticket when I could just as easily go down there.

Any further advice/help is appreciated! :)

Chris

My wife applied for an ESTA after we were married (she had an old one but needed a new one because she got a passport with my last name). Her ESTA was approved and then we travelled together through Dublin (pre-flight immigration). We were in "secondary screening" for about an hour and a half. She eventually made it through, but it was touch and go and generally a very bad experience. She hasn't tried again. She, like your wife, didn't have "strong" ties because she had just recently been made redundant, so she moved back in with her parents (Why bother looking for work and paying for an apartment when she was moving to the US soon? Makes sense to us).

The thing that surprised me most about the whole experience actually was how little the immigration officer actually knew. I expected them to key in her passport and have something pop up onto the computer saying she was applying to immigrant. People always say "they will know". The guy at the primary screening asked us no questions, and refused to see any of the paperwork we brought (which included a copy of our NOA2/USCIS completion paperwork saying it was being forwarded to the NVC). He sent us to secondary as soon as he saw she had a UK passport and I had a US passport. The man in secondary took us into separate rooms and started berating me for trying to get her into country the "wrong way". He called us stupid, and told me he worked for 10 years in immigration so can "see through our " (actual words used). It was only after about 20 minutes of verbal abuse that I was able to get a word in edgewise to say that we had applied for her immigration and it had gone through USCIS and was being forwarded to the NVC. He hadn't looked at any of my paperwork before then. He was genuinely surprised, took the paper, left the room and came back 10 minutes later saying we were "lucky" we had that paperwork. Very strange experience. He also was very clear that airline tickets do not prove "intent" to return to your home country. By his argument, nothing actually proves intent. He said "even if she has a job and a house, how can you prove to me she won't just leave it behind and stay in the US?"

Not saying all experiences are like this. I've heard good things from other people, but the harassment just turned us off trying. Unfortunately we've had some unexpected delays so we've only been able to see each other once between August and now which was less than we would have liked and we still have probably 3 months to go before the visa.

Share this post


Link to post
Share on other sites

I entered US with my B2 visa while my application was still pending for approval at USCIS. I printed my NOA1 but they never ask for it. The CBP officer asked me if i have any intention to immigrate. I told him "yes but not now and that We have applied for IR-1 and currently pending for approval". 

 

Then he asked few other questions - how long we've been married (6yrs), how old is my husband (32). They didnt ask any documents from me.

 

Like all feedbacks i got from others prior to my travelling, just be honest and stay calm. 


Our IR-1 Journey

05/20/2016 : Submit our I130 packet

05/23/2016 : NOA1 by Email & Text

05/28/2016 : NOA1 Hardcopy

10/12/2016 : Transferred to Texas Service Centre

10/26/2016 : Approved!???

11/08/2016 : Case sent to Department of State

11/15/2016 : NVC Received

11/23/2016 : Case Number & IIN received (confirmed through phone)

11/23/2016 : Submit DS-261

11/25/2016 : Welcome Letter from NVC & AOS fee invoiced

11/26/2016. : Pay AOS Fee

12/01/2016 : IV fee invoiced

12/01/2016 : Pay IV fee

12/05/2016 : Submit DS-260 online

12/09/2016 : Mail AOS & IV packet

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×