Travelling on tourist visa whilst waiting for I-130

[AJeane 7]

Thank you BLC, Lil Bear, Crazy Cat, and Troy B for your explanations!!!

[BLC 112]

Just wanted to give a travel update - my husband and I submitted our I-130 petition and have been pending since July 2022. He traveled today via pre-clearance in Dublin and got through fine. CBP didn’t take him to the back or ask about the I-130, just asked him reason for visit and how long he was staying, then sent him through. This was his first visit since we submitted. He has traveled on his ESTA to the US 4 times before this trip since we have been married and stays for one month at a time. 

[Arensis 6]

@BLC When your husband was asked about reason for visit, did he answer "for tourism" or did he explain a bit that it was to visit his wife?

[BLC 112]

On 12/2/2022 at 7:39 AM, Arensis said:

@BLC When your husband was asked about reason for visit, did he answer "for tourism" or did he explain a bit that it was to visit his wife?

He said he was coming to visit his wife. 
 

Hopefully we (and everyone else in this situation) continue to have good experiences when visiting during this process. 

[casinoroyale 0]

On 7/28/2022 at 9:32 AM, BLC said:

These comments make me hopeful. We just submitted our petition this month and my husband is coming through Dublin preclearance at the end of September for a 3 week visit. We are really hoping he has no issues and CBP lets him through.
I honestly would think that having a petition submitted would give CBP more reason not to think there would be immigration intent during said visit. I look at it like this—if someone were planning on “bypassing” and either going an illegal route or AOS once in the country, they wouldn’t have spent all this time putting the package together and paying the fee, just to immigrate illegally. But I guess that’s just my thought process!

Reading through this thread, and I just wanted to say I couldn't agree more! Hopefully the many posters here who seem to think it's the opposite (i.e., K1/CR1 petition filers pose a greater risk of overstay than non-filers) are wrong, and CBP officers think like you do! 

[A&J22 30]

My wife visited me during Christmas/New year, She came through Dulles Airport in Virginia, she spent 30 seconds at the CBP officer, she was only asked about the reason of her visit, she told the officer that she's spending the holidays with me, he wished her a happy holidays and that was it.

[ujongjoe 6]

My wife had an approved I-130 (unbeknownst to her at the time) when she landed in LAX last month (Dec, 2022), luckily the officer didn’t ask about that, but did ask why she was traveling with two US citizen children (it’s because their father is a US citizen) and asked how long she was staying… wanted to see the return tickets. We have already returned overseas now. We will probably make another trip to the US before the process to get her IR1 visa is completed. We live abroad, and have clear intentions of staying for at least the rest of this year (2023). Even after they issue “the packet” we do not want to execute it until 2024, for tax reasons, so she will continue to use her valid B1/B2.

[LincKay 12]

Dear all

 

🤞🏼All sound reassuring. Has anyone else had any problems at Heathrow boarding the flight to the US while an I130 is pending ? 
 

Thank you everyone. 

[Chancy 6,233]

3 hours ago, LincKay said:

Has anyone else had any problems at Heathrow boarding the flight to the US while an I130 is pending ?

 

There's no CBP pre-clearance at Heathrow.  The airline staff won't care that there is a pending I-130.  It's a different story with the CBP officer at the US airport after landing.

 

If you're worried about being denied US entry, fly through Dublin or Shannon instead, where there is CBP pre-clearance.  Even before boarding the plane, you'll know if CBP will let you in to the US or not.

 

[LincKay 12]

Thank you @Chancy

[Alxndr23 5]

Hello.  I’m a USC and my wife is Canadian.  Our I130 is pending and at NOA1 since June 2022.  My wife would like to come visit for an extended period of time.  I know Canadians can stay for up to 6 months.  If she was able to come and stay for a few months, would that impact anything once we get to the interview stage?  I read somewhere that they ask about previous trips. 

[Troy B 221]

My wife stayed for 72 days,  i would be concerned about staying for up to 6 months showing the officer that you have some reason to go back home.

[Alxndr23 5]

Thanks for your response. I am more concerned about it impacting the interview. Would they frown upon a long stay?

[Chancy 6,233]

7 minutes ago, Alxndr23 said:

I am more concerned about it impacting the interview. Would they frown upon a long stay?

 

At the visa interview, no problem with previous long stays in the US, as long as it is not overstay.  Make sure to check I-94 online.  Canadians are not guaranteed 6 months stay.  CBP always has discretion.  Sometimes CBP gives less than 6 months duration on the I-94, if they suspect you might violate the terms of your B2 status but not enough to deny you entry.

 

[Alxndr23 5]

How can you tell if they give you less than 6 months?