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Lucre

Visiting my Spouse in the US (split)

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Posted (edited)

We are about to start the process and I asked because it's always been my husband visiting me, but our lawyer told us that it is risky since they might not let you in the country. I'm not sure how it works because it seems unfair. I would be using my B2 to enter if I go to visit. 

Edited by Lucre

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I'm 90% sure most people get let in when its pending. I've read on this forum its better to file before you go out because if you get your NOA1 and show them that you're trying to go the legal way, they look at it as a good sign. My two cents putting myself into an IO's shoes, if someone has a husband in the United States and shes coming to visit him, they obviously have the intent to immigrate at one point or another, so having the proof that youre doing it legally is good.

 

Chances they question you for a bit and if its a nice day for CBP, they let you through or if its a bad day (and depending on length of trip), they'll just whizz you to secondary to sit for an hour as they go through your bags and realize youre really just coming to see your beloved. 

 

Read the above thread mentioned by Geowrian. Helped ease my worries and i'm going for 78 days!!!

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12 minutes ago, ohcoffeeeyes said:

Chances they question you for a bit and if its a nice day for CBP, they let you through or if its a bad day (and depending on length of trip), they'll just whizz you to secondary to sit for an hour as they go through your bags and realize youre really just coming to see your beloved. 

Agreed. be sure to NOT have essential documents with you like divorce decrees, a birth certificate, etc. That type of stuff looks really weird for somebody who intends to leave.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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47 minutes ago, Lucre said:

We are about to start the process and I asked because it's always been my husband visiting me, but our lawyer told us that it is risky since they might not let you in the country. I'm not sure how it works because it seems unfair. I would be using my B2 to enter if I go to visit. 

It's not unfair. For a b2 there must be no immigrant intent. With a filed i130, immigrant intent is already established. There is always a risk of being turned away by CBP. It's their discretion to let people in or not, having a valid visa is not a guarantee. You don't need a lawyer for that, nothing he can do about it. 

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2 minutes ago, apple21 said:

It's not unfair. For a b2 there must be no immigrant intent. With a filed i130, immigrant intent is already established. There is always a risk of being turned away by CBP. It's their discretion to let people in or not, having a valid visa is not a guarantee. You don't need a lawyer for that, nothing he can do about it. 

If I go through all of the i130 process I wouldn't be trying to stay illegally but I get how they can see it. And we already have a lawyer that is helping us with the cr1 process and we ask her all questions we have

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~~hijack post split off to it's own thread. Please do not post questions for your own case in other members threads. Your post along with another had completely derail the thread  mixing two hijacked posts and replies. This can cause major confusion to the thread and to the original question.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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1 hour ago, Lucre said:

If I go through all of the i130 process I wouldn't be trying to stay illegally but I get how they can see it. And we already have a lawyer that is helping us with the cr1 process and we ask her all questions we have

Yeah many people who file I-130s don’t want to wait the whole process and try jump the line by entering as tourists and then just staying. So blame those people who did that already for what seems unfair to you.

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On 8/28/2019 at 1:23 PM, Lucre said:

We are about to start the process and I asked because it's always been my husband visiting me, but our lawyer told us that it is risky since they might not let you in the country. I'm not sure how it works because it seems unfair. I would be using my B2 to enter if I go to visit. 

Hi! We traveled from Argentina while waiting for our NOA2 approval. We even got a B2 visa for one of the kid beneficiaries with the I-130 already sent. We did not have any trouble at port of entry (Miami).  No extra questions just the usual ... how long were we staying and how much money we carried. 

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