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Short travel in US while Form I-130 is pending

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  • Short travel in US while Form I-130 is pending

    Hi everyone,
    I'm Italian and I have fil a petition - Form I-130 because my wife was born in US. We had the interview at Naples consulate and now my petition is pending because I need a Joint Sponsor ( my wife, that is my sponsor, have not income in US so I need a financial sponsor Form I-864A). A US company would offer me a job and sponsor me as Joint Sponsor. But it has invite, me and my wife, for a couple of days, in US, for an interview to show me their company and local area. They will schedule and pay the whole trip.
    Can I travel to US while my petition is pending? We will travel with only a small luggage, we will have return tickets, the letter of invitation from the US company with the travel program that shows the stages of the journey. It will be only 2 days in the USA. Naples consulate has said me that "they are unable to provide specific information about what may happen at the port of entry when I apply for admission to the United States. US Customs and Border Protection (CBP) is the agency that would determine if I will be admitted to the United States as a tourist/temporary visitor while an I-130 petition to immigrate is in process".
    How can I do to not have problems entering the United States?
    The trip would be at the end of November so we have not many time to organize.
    Thanks who can help me.
    Nicolo'

  • #2
    Originally posted by niknes View Post
    Hi everyone,
    I'm Italian and I have fil a petition - Form I-130 because my wife was born in US. We had the interview at Naples consulate and now my petition is pending because I need a Joint Sponsor ( my wife, that is my sponsor, have not income in US so I need a financial sponsor Form I-864A). A US company would offer me a job and sponsor me as Joint Sponsor. But it has invite, me and my wife, for a couple of days, in US, for an interview to show me their company and local area. They will schedule and pay the whole trip.
    Can I travel to US while my petition is pending? We will travel with only a small luggage, we will have return tickets, the letter of invitation from the US company with the travel program that shows the stages of the journey. It will be only 2 days in the USA. Naples consulate has said me that "they are unable to provide specific information about what may happen at the port of entry when I apply for admission to the United States. US Customs and Border Protection (CBP) is the agency that would determine if I will be admitted to the United States as a tourist/temporary visitor while an I-130 petition to immigrate is in process".
    How can I do to not have problems entering the United States?
    The trip would be at the end of November so we have not many time to organize.
    Thanks who can help me.
    Nicolo'
    First, a company can't be a joint sponsor. It must be a US citizen or permanent resident who is domiciled in the US.

    You can try to visit the US; as always, whether to let you in is at the discretion of the officer, and no one can tell you ahead of time whether you will be able to get in or not.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Maybe the company is willing to sponsor a work visa unrelated to the family green card.
      Adjustment of Status c(9) 400 days
      Married: 8/18/17
      Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
      I-485 Status - "Biometrics Fee Received": 10/28/17
      Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
      EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
      EAD/AP Renewal Received: 10/4/18
      Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
      Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
      Card in hand! 11/23/18 (Day 400)

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