Jump to content
welkin25

Visiting US while waiting for I-130?

20 posts in this topic

Recommended Posts

I'm US citizen and my husband is South Korean, we've filed I-130 in February and still waiting on approval. He plans to visit me this holiday season on ESTA, but we have a couple questions:

- is it risky if he wants to stay here for over two months? He has a teaching job so he gets a long vacation, but we're afraid a longer stay would arouse more suspicion that he wants to stay here illegally.

- would he be denied entry if he says he's visiting his wife (as opposed to a generic answer like "traveling / visiting family and friends")? Or will they see his I-130 application anyway so he should just be honest and say he's visiting me?

 

Thanks in advance!

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
1 hour ago, welkin25 said:

 

- would he be denied entry if he says he's visiting his wife (as opposed to a generic answer like "traveling / visiting family and friends")? Or will they see his I-130 application anyway so he should just be honest and say he's visiting me?

 

Are you asking if it is ok to be dishonest to CBP?  No. 

 

There is always a chance for denied entry.  But contemplating lying should not even be considered.  Just be honest:  He is visiting his wife for the holidays.  

 

He should have a return ticket and explain his job if asked.

Share this post


Link to post
Share on other sites
1 hour ago, SteveInBostonI130 said:

 

Are you asking if it is ok to be dishonest to CBP?  No. 

 

There is always a chance for denied entry.  But contemplating lying should not even be considered.  Just be honest:  He is visiting his wife for the holidays.  

 

He should have a return ticket and explain his job if asked.

thanks, what about duration? Is a 3 month stay (max allowed by esta) more likely to be denied than 1 month stay?

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Russia
Timeline
1 hour ago, welkin25 said:

- would he be denied entry if he says he's visiting his wife (as opposed to a generic answer like "traveling / visiting family and friends")? Or will they see his I-130 application anyway so he should just be honest and say he's visiting me?

No, just saying you're visiting a spouse in the US is not going to result in automatic denial, not even if there's a pending I-130. However, if he wants to stay 2 months and is bringing a ton of luggage with him, they might assume he is moving and get suspicious. There's always a risk that he could be turned away as only US citizens are guaranteed entry. That said, plenty of people have visited their spouse with a pending I-130, such as in this pinned thread:

 

He just needs to tell the 100% truth, have a return ticket as mentioned above and don't overpack. Bringing proof of his employment back home and plans to return might also be a good idea. It never hurts to be over-prepared.

 

Lying to CBP and USCIS is a misrepresentation which can result in a permanent ban from the US. Don't ever lie during this process.


Необычные линейки на рабочий стол 

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites
1 hour ago, SteveInBostonI130 said:

He should have a return ticket 

He must have a return ticket - it is a requirement of using esta 

 

He doesn’t need to volunteer information but he must answer questions truthfully if asked. 

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
5 hours ago, millefleur said:

. However, if he wants to stay 2 months and is bringing a ton of luggage with him, they might assume he is moving and get suspicious. 

 

Good advice but in reality, entry is granted BEFORE luggage is claimed.  Driving across a border with household goods would definitely be a problem.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
52 minutes ago, pushbrk said:

 

Good advice but in reality, entry is granted BEFORE luggage is claimed.  Driving across a border with household goods would definitely be a problem.

If you watch Border Security, they are definitely aware of people flying in with a lot of luggage. I’ve seen an episode where someone was questioned because of it, and then questioned further because during the subsequent luggage search they found clothing that appeared packed for seasons beyond which the person would supposedly be staying in the US for.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Russia
Timeline
18 minutes ago, SusieQQQ said:

If you watch Border Security, they are definitely aware of people flying in with a lot of luggage. I’ve seen an episode where someone was questioned because of it, and then questioned further because during the subsequent luggage search they found clothing that appeared packed for seasons beyond which the person would supposedly be staying in the US for.

There was a denied entry thread some years ago where they looked through the luggage, phone, etc...so in some cases, it's definitely a factor:

 


Необычные линейки на рабочий стол 

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites
9 minutes ago, millefleur said:

There was a denied entry thread some years ago where they looked through the luggage, phone, etc...so in some cases, it's definitely a factor:

 

They definitely match luggage with entrants before you get to the actual “customs” part of CBP. I have also seen episodes where  - more for drug suspects but it proves the principle - that they have identified suspicious incoming luggage and are watching the person associated it with all the way right from debarking  the plane through to when they get to an officer. 

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
34 minutes ago, SusieQQQ said:

They definitely match luggage with entrants before you get to the actual “customs” part of CBP. I have also seen episodes where  - more for drug suspects but it proves the principle - that they have identified suspicious incoming luggage and are watching the person associated it with all the way right from debarking  the plane through to when they get to an officer. 

Entry stamps are given before luggage is matched.  Yes, the Customs area CAN deny entry even after the stamp, but it is seldom simply because of excess luggage.  People coming for 3 or 6 months visits commonly bring maximum luggage allowance of the airline and sometimes more.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Country: Spain
Timeline

My wife (a Spanish national) has visited 2 times, one of those times since we started the CR-1 petition. She was pulled into secondary processing on the second visit. It wasn't a bad thing really, as they simply wanted to verify information. All of these agents were really nice to her. But one of the border agents, a woman (speaking in Spanish to my wife), told her that she must absolutely NOT overstay by one minute, so there would be no problems with this CR-1 petition. This was no problem for us, as my wife and I agreed to limit the visit to 11 weeks (entry on ETSA grants you 90 days, strictly, and not a minute more), to allow for cancelled flights and whatever else might delay her trip back to Spain. Make sure your husband DOES NOT OVERSTAY.

 

Also, have your husband bring a copy of at least your passport, your drivers license, and your marriage certificate (get this translated if it's in Korean or any other language than English, and getting it apostillized if it's not an American document is probably a good idea as well). I also have a sheet with my address clearly written on it as well as my phone number that she carries with those other documents. The more transparent he is, the more that will put the border agents at ease. They have a hard job, so do what you can to make it easy.

Edited by TenderHearted

Share this post


Link to post
Share on other sites
1 hour ago, pushbrk said:

Entry stamps are given before luggage is matched.  Yes, the Customs area CAN deny entry even after the stamp, but it is seldom simply because of excess luggage.  People coming for 3 or 6 months visits commonly bring maximum luggage allowance of the airline and sometimes more.

I think you misunderstood my point. They - immigration, before she reached customs - picked up that the woman coming in was planning to overstay by the amount of luggage she brought in, and what was in it. There may or may not have been other reasons for suspicion, I don’t recall, but that was one at least, and they retrieved and searched the luggage before she cleared immigration. 

 

What you are saying - that they only match luggage later and have not connected it with the person applying for entry  - contradicts what the filming of actual operations indicates. 

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Russia
Timeline

The thing is, if you get pulled into secondary they could very well ask to go through your luggage and scrutinize that. My advice was just don't overpack because there's always a risk of being pulled into secondary and having a pending IV visa petition just ups the ante on what your intentions are. Obviously the odds of it happening are low, but I assume if you're taken to secondary they will then ask you to pick out your bags or pre-collect your bags and then go through them.

 

Found an old post from one of our mods, which seems to confirm:

Again, odds of it happening are super low, but some people tend to overpack and bring everything but the kitchen sink with them when traveling, just out of habit. For tourists with no relatives in the US and clear sightseeing plans, sure, not suspicious. For a visitor who has a pending immigration case, overly packed bags could raise an eyebrow, like in the case @SusieQQQ mentioned of someone bringing in clothing for another season. Just some food for thought. I do think the odds of actually getting pulled into secondary are low, but there's always the risk.


Необычные линейки на рабочий стол 

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: New Zealand
Timeline

My husband brought over a full-sized suitcase filled with Calvin & Hobbes books during one of his pre-immigration trips on his B visa.  😅

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...