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nvcp

Travel on valid visitor visa while i-130 pending ?

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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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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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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/


19-APR-2017- K-1 Visa Granted

11-MAY-2017- Entered US

14-JUN-2017- Got married

_____________________________________________________________________________

05-AUG-2017- Sent AOS package to chicago lockbox

07-AUG-2017- AOS Package Reached Chicago lockbox

10-AUG-2017- Received E-Notifications for 3 forms at 12:30 in the night !!!

14-AUG-2017- Received NOA1 by mail

24-AUG-2017- Received letter for Biometrics

08-SEPT-2017-Biometrics done

13-DEC-2017- Received RFIE

31-JAN-2018- Response to RFIE Received by USCIS

01-FEB-2018- EAD Approved

08-FEB-2018- Received EAD Card

04-MAY-2018- AOS interview/ Approved on spot

10-MAY-2018- Received Approval letter & Green Card in mail

______________________________________________________________________________

 

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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.


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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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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