Can my husband travel to the US while we're waiting for our petition to be approved?

[VMikaele 4]

I am currently in the process of submitting my petition to bring my husband with me to the US. I am living with him in New Zealand at the moment. I was wondering after I submit the petition is he still able to fly to the US to visit? Like we are planning on going to the US for the holidays at the end of the year, but I wasn't sure if that'll be an issue with this process. Anyone have insight on this?

[JFH 12,189]

Absolutely he can, assuming he has no ban or is otherwise inadmissible as a non-immigrant. Entry into the US is only ever guaranteed to USCs but with a good travel history and evidence of strong ties to home he should he able to overcome the CBP officer’s assumption of immigration intent.

 

I visited my husband more than once whilst waiting for the process to be completed. 

*~*~*moved from “bringing family members of USCs” to “IR-1/CR-1 spouse visa process and procedures”*~*~*

[SalishSea 16,771]

Kia Ora!

 

My husband (then-fiancé) travelled on his B-2 from NZ to visit me here while our K-1  petition was pending, without a problem.  He always had evidence of his ties to NZ to show if asked.

[VMikaele 4]

Thank you both so much! Just needed some peace of mind on that :) 

[Duke & Marie 1,389]

Apply for visa waiver online... is $17aud.. lasts for two years... like Aus, nz is part of the waver program with USA, so no need for a b2..... do it before you submit I130 and it should be approved no worries.. 

 

when he travels, be sure he takes evidence of his intention to return home to nz... e.g. can prove he still has a job, pays rent or whatever.. 

Edited June 23, 2019 by Duke & Marie
Typo

[SalishSea 16,771]

3 minutes ago, Duke & Marie said:

Apply for visa waiver online... is $17aud.. lasts for two years... like Aus, nz is part of the waver program with USA, so no need for a b2..... do it before you submit I130 and it should be approved no worries.. 

 

when he travels, be sure he takes evidence of his intention to return home to nz... e.g. can prove he still has a job, pays rent or whatever.. 

Yep.  My husband travelled both on the VWP and with a B2.  He was never hassled in any way, at POE SFO, LAX or at the land border at Blaine (flying into YVR via Air New Zealand).  There are no direct flights to Seattle.

 

We had about 8 visits over 4 years before he had his K-1 visa.