I-130 September 2019 fillers

[Shemuz 60]

8 hours ago, Supernovan said:

Congrats! well I remember seeing something on the official website about visiting the US while applying for spouse visa. There's a form for that I think. We're planning to go back to the US for Christmas and I will be traveling on my previous B1/B2 visa. 

Thank you! Oh ok. Did you get this B1/B2 visa prior to applying for I-130? And how long did it take to get your B1/B2 visa approved and in hand?

[L. Diaz 0]

On 12/2/2019 at 12:20 PM, Justxxxx said:

Don’t call them unnecessarily they might make mistake on your application just live them it will get to your turn ? What center are you?

Good to know :0 I'm Potomac thankfully.

[L. Diaz 0]

On 12/2/2019 at 6:37 PM, Supernovan said:

did you call them and ask? are they able to provide an more detailed update?

I haven't called them yet -- their website said that they'd only be able to provide the same information that is on the updates page, which is just "In Process." 😕

[DGF 730]

19 hours ago, Shemuz said:

Hi guys. Is it highly unlikely to get a visiting visa to come to the U.S. while waiting for the I-130 to be approved? 

It's always worth trying, but don't get your hopes up. He'll have to prove that he doesn't have immigrant intent, which with a pending I-130 and a pregnant spouse in the US will be nearly impossible. If he already has a valid visitors visa then he should be able to visit as long as he has sufficient ties to home, but getting a visitors visa during the process is an entirely different situation. 

[L. Diaz 0]

4 hours ago, DGF said:

It's always worth trying, but don't get your hopes up. He'll have to prove that he doesn't have immigrant intent, which with a pending I-130 and a pregnant spouse in the US will be nearly impossible. If he already has a valid visitors visa then he should be able to visit as long as he has sufficient ties to home, but getting a visitors visa during the process is an entirely different situation. 

My husband had a 10 year tourist visa. However, an immigration case worker told me that once we applied for the CR1 visa, the tourist visa would automatically be voided because my husband's visa status would change from "tourist" to "in process."  She specifically told us to wait to apply until after we visited the US so as to prevent being denied entry. So, we visited the US in August and then sent in the application after we got back to Guatemala.

Are you saying that you're able to have both a tourist visa AND a pending I-130 case status? 

[LilyJ 1,258]

12 minutes ago, L. Diaz said:

My husband had a 10 year tourist visa. However, an immigration case worker told me that once we applied for the CR1 visa, the tourist visa would automatically be voided because my husband's visa status would change from "tourist" to "in process."  She specifically told us to wait to apply until after we visited the US so as to prevent being denied entry. So, we visited the US in August and then sent in the application after we got back to Guatemala.

Are you saying that you're able to have both a tourist visa AND a pending I-130 case status? 

Case worker is wrong (no surprise; you wouldn't believe how many immigration "case workers" and lawyers that don't know what they're talking about). The visitor visa is absolutely still valid. It only becomes invalid once he receives his immigrant visa. The tourist visa is still usable and he can use it to visit the US while the I130 is in process. If he does though just be prepared with evidence of ties to home so as to convince the CBP that he will not try to adjust status. Helps to be honest and tell them "I have a spousal visa in process, am here for a short visit, and then returning to my country to finish the consular processing", though sometimes they do pull you into "secondary" when coming to visit. Happened to my husband when he came on VWP with his ESTA, put in secondary questioning but still ultimately let him in. I think that the denial of entry rate is pretty low actually, but good to be prepared with things like job letters or lease agreements in home country 

[Supernovan 6]

14 hours ago, Shemuz said:

Thank you! Oh ok. Did you get this B1/B2 visa prior to applying for I-130? And how long did it take to get your B1/B2 visa approved and in hand?

Yes I got it a couple years prior to applying the I-130.

I applied in Hong Kong, got it in a week ,

[Supernovan 6]

6 hours ago, L. Diaz said:

I haven't called them yet -- their website said that they'd only be able to provide the same information that is on the updates page, which is just "In Process." 😕

Yea just wait patiently, maybe they will surprise you.

[Justxxxx 56]

8 hours ago, L. Diaz said:

Good to know :0 I'm Potomac thankfully.

I am in Potomac too looking forward to good news soon

[Shemuz 60]

14 hours ago, DGF said:

It's always worth trying, but don't get your hopes up. He'll have to prove that he doesn't have immigrant intent, which with a pending I-130 and a pregnant spouse in the US will be nearly impossible. If he already has a valid visitors visa then he should be able to visit as long as he has sufficient ties to home, but getting a visitors visa during the process is an entirely different situation. 

Thank you for your reply. Yeah, that’s true. Although he wouldn’t use the visitors visa to stay here permanently, it’s going to be tough to prove to them that he won’t. I wish he already had a visitors visa prior to applying for the I-130, but I guess it’s too late now. 

[DGF 730]

14 hours ago, L. Diaz said:

My husband had a 10 year tourist visa. However, an immigration case worker told me that once we applied for the CR1 visa, the tourist visa would automatically be voided because my husband's visa status would change from "tourist" to "in process."  She specifically told us to wait to apply until after we visited the US so as to prevent being denied entry. So, we visited the US in August and then sent in the application after we got back to Guatemala.

Are you saying that you're able to have both a tourist visa AND a pending I-130 case status? 

The case worker was wrong. You can still use the tourist visa during the entire process, plenty of people on here have done so. If your husband tries to visit and is denied entry it sucks but it's not the end of the world. He would lose his tourist visa and would have to mention the denied entry on his DS-260 and at his interview, but it wouldn't be a reason to deny his CR1. 

From the way this is worded it sounds like you are living together during the process so hopefully you won't have to worry about visiting anymore, but if you aren't, I wish you the best of luck visiting each other!

[WilliamSmith 16]

Hi all, does anyone have any experience with being denied entry into the US with a tourist visa? My wife and I are planning on going to the US to visit her family for the holidays. From what I've read there is nothing wrong with going in on a tourist visa with a pending I-130 and I will take as much proof as possible that we will be returning to South Africa (where we currently live). My question is this, what happens if they decide to deny my entry for some reason? Do I contest or give in and return home at the first sign of trouble?

[cbro 58]

2 hours ago, WilliamSmith said:

Anyone

My wife entered the US on an ESTA (Australian citizenship) since we have filed this past September. We had a specific reason (my brothers wedding) and our two kids in tow.  No issues or any other questions any different from when we've visited before.   Her current ESTA expires in May and we might only be half way time wise through the whole green card process by then... hopefully her renewal will be smooth as we plan to visit this summer (unfortunately instead of moving due to getting stuck with Nebraska)... 

 

Do you have a tourist visa at the moment?  See the last few posts of this topic as well... 

Edited December 12, 2019 by cbro
Extra info, plus added a dig at Nebraska service center

[Justxxxx 56]

Hi September fillers 

[Shemuz 60]

On 12/11/2019 at 1:27 AM, Justxxxx said:

I am in Potomac too looking forward to good news soon

Hi. How soon do you think they will start September Potomac filers?