I-130 in process and entering US as a tourist is that allowed?

[Gerard1972]

I have read earlier questions on this forum about traveling into the US while your I-130 is in process. The administrator of this forum for example answered before: yes, it is allowed to travel into the US while your I-130 is in process.

Does anyone have this in writing?

Currently my I-130 is in process, and I want to visit my wife for 3 weeks in november. She lives in the US, I live in Europe. I am not sure whether this may affect my I-130 application negatively and whether I am actually allowed to enter the US with a tourism purpose.

I hear and read different answers.
1) Yes, it is allowed, because you have a tourism intend, after the 3 weeks you will leave the US again.
2) No, it is not allowed, because they may think you have immigration intent, that you may stay after the 3 weeks.
Both answers sound plausible to me.

Does someone know where I can read (perhaps on an official government website) if I am allowed to enter the US for 3 weeks while my I-130 is still in process?

thanks

[kelvinzmartin]

I-130 in process and entering US as a tourist is that allowed?

Actually this is a really good question. I am 5 months into the I-130 process. My wife is waiting in Japan for me with our 2 US citizen kids. Could she come visit me for X-mas. If so, how do we go about it?

[kelvinzmartin]

I-130 in process and entering US as a tourist is that allowed?

I going to bump this so that maybe someone will answer.

[Ted Grinewich-Yonashiro]

I have been told by some legal counsel that visiting the US, even while the I-130 is in process, is allowed. It makes sense since USCIS is eventually going to want to see an intent to immigrate to the US and actually visiting the place where you are going to live is, most of the time, needed to make proper arrangements.

My husband is Japanese. He and I will be visiting San Francisco next week for seven days to check out several areas in which we might want to live.

The problem comes, from what I understand, if you overstay on a visitors visa in the US while your I-130 is in process because your visit to the US looks like you came under false intent--not impossible but just difficult (from what I have heard).

As far as I understand, visiting is okay, however, just don't overstay the visitors visa. I hope this helps.

[cafeconleche]

This is allowed, but it can get tricky sometimes. It could be as simple as the immigration officer not believing that she will go back. It could also be that she doesn't have anything to draw her back to Japan, like a job or studies. So, it'd be up to her to prove to immigration that she intends to leave and wait out her consular processing in Japan. Good luck.