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FloridaMan03

Temporary visit to America with Pending I-130

By FloridaMan03 in Working & Traveling During US Immigration

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FloridaMan03 Newbie

FloridaMan03   0

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Hello,

 

My wife (British with pending I-130), son (US/UK Citizen), and I (US Citizen) live in the United Kingdom. We are planning to visit the United States for 82 days this summer and return to Britain after. My wife will be travelling on an ESTA. 

 

I recently found out that this can be quite risky, because with a pending I-130 the CBP officers assume immigrant intent. I thought to myself that we have a pretty clear cut case since we have strong ties to England including: both of us being university students in England, having a tenancy in England with both of our names on it, and also medical appointments in England scheduled after our visit concludes.

 

I've read that this can be quite risky and chances a withdrawal of application or expedited removal with a 5 year ban on reentry. We fully intend on a temporary visit and have plenty of evidence to support it, but I am thinking about cancelling the trip to avoid this risk.

 

I was wondering if anybody here has been through the same situation, and how recent it was? How was your experience? Should I cancel the trip?

We have a consultation with a lawyer in a few days but I wanted to hear some personal stories.

 

Thank you!

Crazy Cat Grand Master

Crazy Cat   46,599

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
21 minutes ago, FloridaMan03 said:

but I am thinking about cancelling the trip to avoid this risk.

This is an extremely common question spanning years and years here. From what you posted, I would not cancel.  Any "risk" would be extremely low.   Expedited removal would be even more unlikely.  Visa Journey has many of people who visited during the process. Just answer all questions honestly, if asked.   I would bring some proof of ties.

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   46,599

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

A search here on VJ will reveal a lot of threads regarding this subject which should calm any fears.....Good luck...smooth travels....enjoy your stay in the US.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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