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Travel on valid visitor visa while i-130 pending ?

By nvcp in Bringing Family Members of US Citizens to America

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nvcp Apprentice

nvcp   3

Posted
Filed: IR-5 Country: India
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Posted

Hi,

 

I recently filed for I-130 for my mother and it is still pending. My parents already have valid visitor visa and they had been in US on visit for few times in past. Due to an emergency my parents need to come US on visitor visa within a month and plan is to go back in 3-4 months. 

Is it valid ? Also they must be return back before I get I-130 approval ? We cannot be sure when we will get approval. 

 

Please advise !! 

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MrHanky Proficient

MrHanky   1,377

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted
55 minutes ago, nvcp said:

Hi,

 

I recently filed for I-130 for my mother and it is still pending. My parents already have valid visitor visa and they had been in US on visit for few times in past. Due to an emergency my parents need to come US on visitor visa within a month and plan is to go back in 3-4 months. 

Is it valid ? Also they must be return back before I get I-130 approval ? We cannot be sure when we will get approval. 

 

Please advise !! 

There's tons of posts on this already, there's a thread pinned to the top of the IR1/CR1 forum you should read through there, and also ask there if you still have questions.

CR-1 Visa

Service Center: Nebraska    Consulate: Mexico

Marriage: 12/9/2016    I-130 Sent: 12/10/2016    I-130 NOA1: 12/13/2016

Notice from USCIS: 8/23/2017

USCIS Approval Date: 8/21/2017

NOA2 issued date: 8/18/2017   NOA2 hardcopy received: 8/25/2017

Notice from USCIS Sent to NVC: 9/1/2017    NVC received: 9/8/2017

Received case and invoice numbers: 9/12/2017

Choice of Agent DS-261: 9/12/2017

Welcome Letter: 9/15/2017

Received and Paid AOS: 9/15/2017    AOS payment cleared my bank: 9/19/2017 (still shows In Process on CEAC)

Received and paid IV bill: 9/19/2017    IV bill cleared bank: 9/21/2017

Requested Expedite: 9/20/2017

AOS and IV show as paid: 9/23/2017

DS260 unlocked: 9/23/2017

Partial Expedite Approved at Counselor Level: 9/25/2017 (Must still wait out NVC)

Scan Date: 10/2/2017    Case Complete: 11/15/2017 (6 weeks 2 days!)

Case sent to consulate: 11/20/2017     Received by consulate: 11/21/2017 (11/20 was a holiday in Mexico)

Interview Scheduled: Jan 2nd - I managed to get someones canceled appointment the very same day my case status turned to Ready.

Biometrics: Mexico City Dec 27th Medical: Mexico City Dec 28th

Case says READY but consulate says case is not in system, I jumped the gun and booked an interview but they say its invalid until I receive the letter so I might have to cancel it.

Appointment Letter: Flew to Juarez just to get this, its actually 2 letters you need.

Interview Day: Jan 2nd   Interview Result: APPROVED

Tracking Number Received: Via email notice and website the afternoon of Jan 4th    Visa Delivered: Friday Jan 5th Mexico City

USCIS Notice - Green Card mailed: 3/28/18

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Mr Geminian Proficient

Mr Geminian   691

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Filed: Citizen (pnd) Country: India
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Posted
51 minutes ago, nvcp said:

Hi,

 

I recently filed for I-130 for my mother and it is still pending. My parents already have valid visitor visa and they had been in US on visit for few times in past. Due to an emergency my parents need to come US on visitor visa within a month and plan is to go back in 3-4 months. 

Is it valid ? Also they must be return back before I get I-130 approval ? We cannot be sure when we will get approval. 

 

Please advise !! 

The I-130 process is long and as long as their visitor visa is not expired they can visit without any problem but then the Immigration authorities will have a hard time believing at POE that they will return to your home country at the end of your authorized stay in the U.S as their immigrant petitions have already been filed so  they will need to have documents showing that they are coming for a emergency situation. Plus, am thinking there shouldn't be any problem because they have visited a lot of times on the tourist visa and that will make them believe and that shouldn't be a problem at the POE for your parents. Also read this...https://www.uscitizenship.info/blog/travel-to-america-while-your-form-i-130-is-pending/

_______________________________________________

K-1 (I-129F):

15-Jul-2016- I-129F filed

17-Mar-2017- Interview

19-APR-2017- K-1 Visa Approved

_______________________________________________

Adjustment of Status (I-485 & I-765):

07-AUG-2017- Date filed

14-AUG-2017- NOA1

04-MAY-2018- AOS interview/Approved

_______________________________________________

Lifting Conditions (I-751):

01-May-2020- Date filed

04-May-2020- NOA1

16-Sep-2021- Approved/No interview

_______________________________________________

Naturalization (N-400):

23-Feb-2023: Filed online

23-Feb-2023: NOA1

15-Mar-2023: Biometrics

_______________________________________________

 

 

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Crazy Cat Grand Master

Crazy Cat   39,222

Posted
Filed: Citizen (apr) Country: Taiwan
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Your parents plan to come to the US on an emergency in a few weeks, then they are going to stay in the US for 3 to 4 months..then return to home country....while I-130 is pending......is this correct?

Good Luck with that......better have a lot of evidence for strong ties to their home...

3 to 4 months seems like a long stay while an I-130 is pending.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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MrHanky Proficient

MrHanky   1,377

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted
3 minutes ago, missileman said:

Your parents plan to come to the US on an emergency in a few weeks, then they are going to stay in the US for 3 to 4 months..then return to home country....while I-130 is pending......is this correct?

Good Luck with that......better have a lot of evidence for strong ties to their home...

3 to 4 months seems like a long stay while an I-130 is pending.

I'd agree, and they would definitely need to be back before the interview which happens in their country.

That website above gives no valuable info on the situation....

CR-1 Visa

Service Center: Nebraska    Consulate: Mexico

Marriage: 12/9/2016    I-130 Sent: 12/10/2016    I-130 NOA1: 12/13/2016

Notice from USCIS: 8/23/2017

USCIS Approval Date: 8/21/2017

NOA2 issued date: 8/18/2017   NOA2 hardcopy received: 8/25/2017

Notice from USCIS Sent to NVC: 9/1/2017    NVC received: 9/8/2017

Received case and invoice numbers: 9/12/2017

Choice of Agent DS-261: 9/12/2017

Welcome Letter: 9/15/2017

Received and Paid AOS: 9/15/2017    AOS payment cleared my bank: 9/19/2017 (still shows In Process on CEAC)

Received and paid IV bill: 9/19/2017    IV bill cleared bank: 9/21/2017

Requested Expedite: 9/20/2017

AOS and IV show as paid: 9/23/2017

DS260 unlocked: 9/23/2017

Partial Expedite Approved at Counselor Level: 9/25/2017 (Must still wait out NVC)

Scan Date: 10/2/2017    Case Complete: 11/15/2017 (6 weeks 2 days!)

Case sent to consulate: 11/20/2017     Received by consulate: 11/21/2017 (11/20 was a holiday in Mexico)

Interview Scheduled: Jan 2nd - I managed to get someones canceled appointment the very same day my case status turned to Ready.

Biometrics: Mexico City Dec 27th Medical: Mexico City Dec 28th

Case says READY but consulate says case is not in system, I jumped the gun and booked an interview but they say its invalid until I receive the letter so I might have to cancel it.

Appointment Letter: Flew to Juarez just to get this, its actually 2 letters you need.

Interview Day: Jan 2nd   Interview Result: APPROVED

Tracking Number Received: Via email notice and website the afternoon of Jan 4th    Visa Delivered: Friday Jan 5th Mexico City

USCIS Notice - Green Card mailed: 3/28/18

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