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Nicolo Vito Nesta

Short travel in US while Form I-130 is pending

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Hi everyone,
I'm Italian and I have fil a petition - Form I-130 because my wife was born in US. We had the interview at Naples consulate and now my petition is pending because I need a Joint Sponsor ( my wife, that is my sponsor, have not income in US so I need a financial sponsor Form I-864A). A US company would offer me a job and sponsor me as Joint Sponsor. But it has invite, me and my wife, for a couple of days, in US, for an interview to show me their company and local area. They will schedule and pay the whole trip.
Can I travel to US while my petition is pending? We will travel with only a small luggage, we will have return tickets, the letter of invitation from the US company with the travel program that shows the stages of the journey. It will be only 2 days in the USA. Naples consulate has said me that "they are unable to provide specific information about what may happen at the port of entry when I apply for admission to the United States. US Customs and Border Protection (CBP) is the agency that would determine if I will be admitted to the United States as a tourist/temporary visitor while an I-130 petition to immigrate is in process".
How can I do to not have problems entering the United States?
The trip would be at the end of November so we have not many time to organize.
Thanks who can help me.
Nicolo'

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10 minutes ago, Nicolo Vito Nesta said:

Hi everyone,
I'm Italian and I have fil a petition - Form I-130 because my wife was born in US. We had the interview at Naples consulate and now my petition is pending because I need a Joint Sponsor ( my wife, that is my sponsor, have not income in US so I need a financial sponsor Form I-864A). A US company would offer me a job and sponsor me as Joint Sponsor. But it has invite, me and my wife, for a couple of days, in US, for an interview to show me their company and local area. They will schedule and pay the whole trip.
Can I travel to US while my petition is pending? We will travel with only a small luggage, we will have return tickets, the letter of invitation from the US company with the travel program that shows the stages of the journey. It will be only 2 days in the USA. Naples consulate has said me that "they are unable to provide specific information about what may happen at the port of entry when I apply for admission to the United States. US Customs and Border Protection (CBP) is the agency that would determine if I will be admitted to the United States as a tourist/temporary visitor while an I-130 petition to immigrate is in process".
How can I do to not have problems entering the United States?
The trip would be at the end of November so we have not many time to organize.
Thanks who can help me.
Nicolo'

I don’t believe an employer can sponsor an applicant for a marriage-based visa?

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6 minutes ago, Jorgedig said:

I don’t believe an employer can sponsor an applicant for a marriage-based visa?

Correct.  A company can not co-sponsor.


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An individual can. Bit of an ask.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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^^^ thats what it sounds like he is saying.

 

@Nicolo Vito Nesta It is VERY unusual for an employer to agree to be a joint sponsor for someone using the family visa process. Yes of course they can, any USC or LPR can be a joint sponsor but again it is very unusual for something like you are describing. You need to be very careful this is not a scam.

What kind of work do you do? How did you meet this employer? Are they asking for money? What do you know about the 'company?' Please be very careful.

 

There is a pinned thread entitled 'yes you can visit' or something like that - it goes over entering the US as a visitor while CR visa is pending. As the Embassy told you it is 100% up to CBP to decide whether to admit you. Do not bring 'important' paperwork with you (birth certificate, marriage certificate, etc) as visitors dont bring that kind of stuff- people who intend on staying and filing papers do. Check the thread for more info.

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9 hours ago, Damara said:

^^^ thats what it sounds like he is saying.

 

@Nicolo Vito Nesta It is VERY unusual for an employer to agree to be a joint sponsor for someone using the family visa process. Yes of course they can, any USC or LPR can be a joint sponsor but again it is very unusual for something like you are describing. You need to be very careful this is not a scam.

What kind of work do you do? How did you meet this employer? Are they asking for money? What do you know about the 'company?' Please be very careful.

 

There is a pinned thread entitled 'yes you can visit' or something like that - it goes over entering the US as a visitor while CR visa is pending. As the Embassy told you it is 100% up to CBP to decide whether to admit you. Do not bring 'important' paperwork with you (birth certificate, marriage certificate, etc) as visitors dont bring that kind of stuff- people who intend on staying and filing papers do. Check the thread for more info. 

 

 

I know that is unusual for an employer to be a joint sponsor for me. I know that I would not be bound at this employer and I could, in teory, go away keeping the visa.

"The US company are looking into getting me a visa that would allow me to come to the USA for 18 months. During that time, I should have plenty of time to get my green card thanks to my wife. If that does not work, they will go with the I-864A form." This is  thats said me.

If they schedule and pay a trip for me and my wife I think that it isn't a scam.

My problem could be when I will arrive at US airport. Can I request an ESTA before? Or is it more convenient to do nothing and arrive at airport from unaware? I can say that I don't know this regule. If I had a refusal asking ESTA I could not deny not knowing this rule.

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What visa are they offering you? J1 training? 

 

Here is the link for ESTA (has English and Italian language). You are Italian citizen right? So you apply for ESTA at least 72 hrs before flight. Most people do it when purchasing tickets. 

ESTA is basically pre-screening. People in VWP (visa waiver program) countries do not need to individually apply for B visas at the US Embassy, they are allowed to enter the US for up to 90 days. You fill out ESTA online and then it is up to CBP to decide to let you in or not. Look over the ESTA website- its basic pre-screening about criminal history/disease etc, should take about 5 mins to complete. 

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30 minutes ago, Damara said:

What visa are they offering you? J1 training? 

 

Here is the link for ESTA (has English and Italian language). You are Italian citizen right? So you apply for ESTA at least 72 hrs before flight. Most people do it when purchasing tickets. 

ESTA is basically pre-screening. People in VWP (visa waiver program) countries do not need to individually apply for B visas at the US Embassy, they are allowed to enter the US for up to 90 days. You fill out ESTA online and then it is up to CBP to decide to let you in or not. Look over the ESTA website- its basic pre-screening about criminal history/disease etc, should take about 5 mins to complete. 

I don't know wich visa they offering me and if there is an other possible visa for me. I have not Bachelor's degree. Only high school diploma. I work in bulk olive oil sector and I am 51 years old. I'm married with my wife since 1995 and have no sons. I don't know if it's convenient for me to have another 18 months visa and in meantime fill another Form I-130 family-based green card because my wife, living and working in US, she will have income there and could be my joint sponsor also. This is another my dubt.

So you advise me to ask ESTA. And if it result that my petition is pending and they nedy me?

Would not it be better to risk arriving without ESTA, playing the part of the ignorant?

 

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I don’t think you can board the plane without the proper clearance - visa or esta. 


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Work visa is not going to happen, one of the Directos could individually sponsor you.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Also the form the joint sponsor would use would be the I-864 unless the joint sponsor is directly related to your wife (like a parent or sibling) and is living with her. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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