I130 Pending, yet traveling to US on Tourist Visa

[vantazia 1]

I am USC who has submitted an I130 on behalf of my 14 years old Canadian daughter in April 2024. The I 130 is still pending but I would like to take my daughter to visit the US as we are purchasing a home. She obtains a visa on arrival, so will not need to apply for one prior.

I have no intention of staying in the US with her, and have proof through her school, rent, bank accounts, car and holiday booked and paid for after our return from the US. 

Will that be okay or should I anticipate any issues at the border?

[Dashinka 24,583]

You should be fine, and it looks like you are prepared to show evidence of her need to return if asked.  That being said CBP can always be a toss-up.  Also since she is a minor, do you have a letter of permission from the other parent to take her out of Canada?  I seem to remember CBP on both sides looking for that.

[vantazia 1]

1 hour ago, Dashinka said:

You should be fine, and it looks like you are prepared to show evidence of her need to return if asked.  That being said CBP can always be a toss-up.  Also since she is a minor, do you have a letter of permission from the other parent to take her out of Canada?  I seem to remember CBP on both sides looking for that.

Thank you for the feedback. Her father and I are divorced and I have had sole custody for the past 7 years, so will also travel with the custody and divorce documents

[OldUser 6,854]

29 minutes ago, vantazia said:

Thank you for the feedback. Her father and I are divorced and I have had sole custody for the past 7 years, so will also travel with the custody and divorce documents

Who does the minor live with?

[manyfudge 291]

How did you become a U.S. citizen?

 

 

[Boiler 45,654]

14 year old = School so she will be travelling during her holidays?

[vantazia 1]

2 hours ago, OldUser said:

Who does the minor live with?

with me as I have 100% custody

1 hour ago, manyfudge said:

How did you become a U.S. citizen?

 

 

Not sure how that is relevant but I was born there

[Boiler 45,654]

But not a USC?

[OldUser 6,854]

It's possible to have issues with daughter's entry in the US. 

 

You're a USC who can move to the US at any point. You're purchasing the house in the US. Your daughter who's in your custody is coming with you... There's I-130 for daughter.

 

Yes, a CBP can have doubts.

[vantazia 1]

2 hours ago, Boiler said:

But not a USC?

I am an American citizen by birth and my daughter is Canadian. 

[appleblossom 2,679]

1 minute ago, vantazia said:

I am an American citizen by birth and my daughter is Canadian. 

 

I think Boiler was asking if your daughter isn't already a USC - but I assume you didn't spend the required time in the US for her to be a USC too?

[vantazia 1]

18 minutes ago, OldUser said:

It's possible to have issues with daughter's entry in the US. 

 

You're a USC who can move to the US at any point. You're purchasing the house in the US. Your daughter who's in your custody is coming with you... There's I-130 for daughter.

 

Yes, a CBP can have doubts.

Of course, I understand they can have doubts. That is why I am just thinking of all the possible valid documents to prove that our intention is to leave. It is frustrating that there are some of us who try to do things the right way by applying for the petition and waiting while others go the other route and then we are left scurrying to prove intentions

[vantazia 1]

1 minute ago, appleblossom said:

 

I think Boiler was asking if your daughter isn't already a USC - but I assume you didn't spend the required time in the US for her to be a USC too?

Oh thanks for clarifying! That is right, we left when I was younger. And given that her father is not a USC, I could not automatically pass on citizenship

[appleblossom 2,679]

Just now, vantazia said:

Oh thanks for clarifying! That is right, we left when I was younger. And given that her father is not a USC, I could not automatically pass on citizenship

 

Her father isn't relevant to you passing on citizenship, only the time that you have spent in the US is. But it that wasn't enough, then you're right and she's not a USC already. 

[OldUser 6,854]

5 minutes ago, vantazia said:

Of course, I understand they can have doubts. That is why I am just thinking of all the possible valid documents to prove that our intention is to leave. It is frustrating that there are some of us who try to do things the right way by applying for the petition and waiting while others go the other route and then we are left scurrying to prove intentions

Not even sure what could convince the CBP agent if she was put in secondary.

 

Definitely take everything you have.