Can my spouse travel to US to visit while i-130 visa is processing?

[smislam]

Canadian Citizen, waiting on I-130

After all the NVC requirements (fees, sponsorship and document submittal) have been met, the NVC will send you an interview notice to be conducted in your country

If you enter the U.S. on a visitor visa without expressing any intent to remain here to apply for your Green Card, then decide to submit the Adjustment of Status package, you can subsequently be interviewed here without leaving the U.S.

--Ray B

Hi Ray,
Thank you for being a great help to others in the form, really appreciate it.
I am a Canadian Citizen, just got married to a USA citizen.
My wife filed I-130 for me about a month ago.
I have been crossing border by land every two weeks for the past year to visit her but wondering if I will be allowed entry now, that I am under I-130 application.
Many border petrol officer knows me by face and they also know that I have a "WIFE" in the USA but I have not tried to enter USA after she filed the Petition.
Would you be kind enough to get me some guidance please.
Thank you kindly....... Syed

[Nobody@12]

I just recently traveled on an ESTA to the US while I'm waiting for approval of my I-130. I wasn't asked anything when going through immigration. I was a little nervous but all was good.

[rayb]

Syed,

There is a risk that you may encounter a BP officer who will decide that your submitted I-130 is evidence of "intent to immigrate" and a reason to deny you entry. Anyway, you cannot submit the I-485 in the U.S. until your I-130 has been approved (but if submitted together, that would have been okay). Once the I-130 is approved, you have a choice of coming to the U.S. and submitting the I-485 for Green Card conversion, but cannot leave the U.S. while the I-485 is being processed.

Otherwise, you might as well complete your processing in Canada to be interviewed there and to get a spousal visa to the U.S.

--Ray B

Hi Ray,
Thank you for being a great help to others in the form, really appreciate it.
I am a Canadian Citizen, just got married to a USA citizen.
My wife filed I-130 for me about a month ago.
I have been crossing border by land every two weeks for the past year to visit her but wondering if I will be allowed entry now, that I am under I-130 application.
Many border petrol officer knows me by face and they also know that I have a "WIFE" in the USA but I have not tried to enter USA after she filed the Petition.
Would you be kind enough to get me some guidance please.
Thank you kindly....... Syed

[newacct]

Anyway, you cannot submit the I-485 in the U.S. until your I-130 has been approved (but if submitted together, that would have been okay).

This is wrong. You can submit I-485 when I-130 is pending.

[rayb]

True, you can submit the I-485 while I-130 is being processed, but the I-485 instructions request either that they are submitted together, at the same time, or that the I-130 has already been approved.
If the I-130 is "in process" when you submit the I-485, processing will probably proceed with the I-485, or may be delayed until the I-130 is approved.

-Ray B

This is wrong. You can submit I-485 when I-130 is pending.

[mesireyerlisi]

Hello again,
Nvc recieved our documents in august 15. Does anyone know when they can schedule my interview? or do i have problems when i visit my husband with my existing tourist visa?

hi. its me again. i finally got a letter from nvc that they will schedule my cr1 visa interview in turkey in couple of months. but i have a concern that i havent reported my marriage to turkey yet. because we applied for the immigrant visa with my maiden name. when i intented to report the marriage to the turkish embassy they were going to change my my surname to my husband's surname. all the documents like birth certificate' police certificate' passport etc. has been printed and sent to nvc with my maiden name. So do i have a problem about that during the interview and the issue of the visa.
Thank you

[Bianke]

Please could someone help with my question?

Hi all,

My mother is in South Africa and we've filed and paid everything...she's had her interview and medical exam but her medical records haven't been finalized and sent to the US consulate yet. (She's literally inches away from the finish line).

She's practically homeless at this stage and I've just had a baby and so she's desperate to come over.

My question is;

Since she has a valid visitor's visa at this time, and she's a sitting duck there right now - can she come over so long and once they've got the medical records they could just mail her new visa here or she can pick it up at an office here? Will she be denied entry since she has that pending at this stage?

Any advice would be greatly appreciated!

Thanks in advance.

[Emdee]

Hello there. Can u tell me if u got any help on this matter? Did ur wife travelled then?

Hello!

I am new to this forum and in a similar situation as previous posters. My wife (a non-U.S. citizen) and I (naturalized U.S. citizen) sent in our i-130 application to USCIS last month. She would like to come to the States to visit my family and me in October. The last time my wife came, she had to go through a second screening at customs because she had come to visit three times before that (note: we were not married then). Therefore, she is a bit worried about having to go through the same kind of screening and worst case scenario, being refused entry (due to our pending i-130).

From what I know so far, if my wife presents evidence showing she is visiting for a short time (round trip flight ticket, evidence of finances for her stay, etc.), then she will have a better chance of being permitted entry. Is this correct? Are there specific documents she should present?

Thank you in advance for your help!

David T.

[mesireyerlisi]

petitioner's document

Hello
i got my visa interview date. i am collecting our documents. my husband has had an annulment when he was young. but as we know a marriage ends with an annulment does not count as a marriage. with annulment' judge cancels the marriage or marriage records and you are single again. do i have to bring my husband's annulment papers to the interview? i am asking cause we dont have the annulment paper? please i need help.

[rayb]

The annulment must still be reported as a marriage termination, and you should take legal versions (certified) to the Embassy interview.

--Ray B

Hello
i got my visa interview date. i am collecting our documents. my husband has had an annulment when he was young. but as we know a marriage ends with an annulment does not count as a marriage. with annulment' judge cancels the marriage or marriage records and you are single again. do i have to bring my husband's annulment papers to the interview? i am asking cause we dont have the annulment paper? please i need help.

[salman.ahmad]

Similar situation. Help required please.

Hello everyone, can somebody please help me as well?. grateful if you can advise me on my case. I got married in USA 2 years back on visit visa then came back to Pakistan. My wife is a green card holder who also came back with me to Pakistan. She applied for my immigration as well which was accepted in February last year. Its under process now.

We got two years' exemption for my wife for living outside of USA. She got pregnant last year so went back to USA and currently there. Now we are going to have a baby next week and i want to visit USA for this occasion on my visit visa. I heard there is a strong possibility that they will return me from the airport because my immigration case is already under process.

I do have a return ticket, have a permanent great job in pakistan and obviously plans to come back until my immigration is approved. What do you guys think about my case?. What documents should i carry with me to prove that I'll come back?. Any suggestions please. Many thanks in advance. Kind regards

[beapotter]

Hi! My husband submitted my I-130 in May, and I visited the US in September last year with absolutely no issues. I was also traveling with my husband to the US then, so I'm not sure if that's what made the difference. The immigration officer did not even bring up my immigrant application. I'm guessing this is a case by case basis, but this is what happened to me. I hope it helps.

Hello everyone, can somebody please help me as well?. grateful if you can advise me on my case. I got married in USA 2 years back on visit visa then came back to Pakistan. My wife is a green card holder who also came back with me to Pakistan. She applied for my immigration as well which was accepted in February last year. Its under process now.

We got two years' exemption for my wife for living outside of USA. She got pregnant last year so went back to USA and currently there. Now we are going to have a baby next week and i want to visit USA for this occasion on my visit visa. I heard there is a strong possibility that they will return me from the airport because my immigration case is already under process.

I do have a return ticket, have a permanent great job in pakistan and obviously plans to come back until my immigration is approved. What do you guys think about my case?. What documents should i carry with me to prove that I'll come back?. Any suggestions please. Many thanks in advance. Kind regards

[aliyaan]

Hello everyone, can somebody please help me as well?. grateful if you can advise me on my case. I got married in USA 2 years back on visit visa then came back to Pakistan. My wife is a green card holder who also came back with me to Pakistan. She applied for my immigration as well which was accepted in February last year. Its under process now.

We got two years' exemption for my wife for living outside of USA. She got pregnant last year so went back to USA and currently there. Now we are going to have a baby next week and i want to visit USA for this occasion on my visit visa. I heard there is a strong possibility that they will return me from the airport because my immigration case is already under process.

I do have a return ticket, have a permanent great job in pakistan and obviously plans to come back until my immigration is approved. What do you guys think about my case?. What documents should i carry with me to prove that I'll come back?. Any suggestions please. Many thanks in advance. Kind regards

You will be fine. your case is already in process and they will figure out that easily that you are here for a genuine reason for sure.
Good luck and Congrats

[J2017]

Processing I-130

Hello

Seems like simple questions but I can't seem to find the information on any website but it looks like I might get some answers here.

My husband has filed the I-130 form with the USCIS in the U.S.; I am a Canadian citizen and wondering how this whole process is going to play out...

I have hopes of moving to the US in July 2017. If the I-130 is still processing am I allowed to go to the US as a visitor with my Canadian Passport?
While visiting the U.S.; if the I-130 gets approved, will I be okay to stay in the US and continue the process there? Or would I have to come back to Canada and spend the amount of time I spent in the US, back in Canada before I can go back to be with my husband?

Thanks in advance for your help!

-J2017

[rayb]

When was your I-130 submitted by your husband? Has he received confirmation of a case being opened?

If you enter the U.S., you can be processed entirely in the U.S., by submitting the I-485 package after your I-130 is approed.

--Ray B

Hello

Seems like simple questions but I can't seem to find the information on any website but it looks like I might get some answers here.

My husband has filed the I-130 form with the USCIS in the U.S.; I am a Canadian citizen and wondering how this whole process is going to play out...

I have hopes of moving to the US in July 2017. If the I-130 is still processing am I allowed to go to the US as a visitor with my Canadian Passport?
While visiting the U.S.; if the I-130 gets approved, will I be okay to stay in the US and continue the process there? Or would I have to come back to Canada and spend the amount of time I spent in the US, back in Canada before I can go back to be with my husband?

Thanks in advance for your help!

-J2017