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

[Sohussaini]

CAN MY WIFE VISIT US WITH AN EXISTING VISA WHILE i-130 IS PROCESSING

Hello,

So basically i have applied an i-130 for my wife and its been already 5 months and i am not sure how long will it take for it to get approved. My wife has a pre existing visit visa before marriage. I would want to know if she can come to US during and stay here for few months with the tourist visit. It would be great if some one could reply.

Thank you

[paroot]

My husband is from the UK and we applied for his i-130 a month ago. I am a US citizen. Can he legally travel to the US for 90 days or less to stay with me while the petition is processing at USCIS (or potentially already at the NVC)? Would it be wise for him to quit his job and terminate his lease and come here to wait out the process? He would obviously return to the UK after the 90 days, or whenever his consular interview is at the London embassy, which ever comes first. In which case he would stay with friends or family. So he would technically not be coming to the US to live permanently. Can anyone give me some insight? Have you had a similar situation? Is it worth it? And how good a chance would he not be able to enter the US once he landed?

Thank you.

He is exempt a visa because his country of citizenship falls within one of the 30 some countries that are visa exempt and part of the visa waiver program. So yes, section 217 of the INA covers the visa waiver program. One requirement is to have a round trip ticket. Another requirement for all nonimmigrants which covers the visa waiver program is to have an unrelinquished foreign residence. Once an I-130 is filed for any alien, that person becomes an intended immigrant, as outlined in 212(a)(7)(A)(i)(I) of the INA, as an inadmissible alien, not in possession of a valid immigrant visa.

So yes, he can attempt to travel to the US. Yes the US has full right to deny him entry pursuant to section 212(a)(7)(A)(i)(I) of the ina. If he does quit his job and terminate his lease he will more than likely be denied entry. I know I would do the 4 hours of paperwork required to deny him. However, some CBP officers might ask for proof of the consular route to obtain the immigrant visa, and if sufficient information is provided that the subject will depart to complete the process, an admission may occur. I'd say its about an 80/20 if you get someone that is asking good questions, and you are being honest.

[Tyler Was Here]

Canadian married to LPR

Hello, sorry to step in on this thread but I can't seem to start a new one. Please help if you can.
I am a Canadian Citizen, Married to LPR of USA who is not eligible for US citizenship yet. I own a house in Phoenix, which I spend ~ 4 months/ year at, and my wife lives full time (but only I legally own the house).
Should I apply for my I130? Will I be able to travel freely in and out of USA, while my I130 is processing, if I stay within my 6 month/year Canadian limits?
Will I be flagged at the border as someone who has filed I130? Please help if you can. Thanks for reading.

[rayb]

Your wife can submit your I-130, and it will take about 2 years for your visa quota slot to be available.

I doubt that you will experience any "flagging" for your trips to the U.S., but when questioned about a relationship and possible petition, you must answer such questions directly.

--Ray B

Hello, sorry to step in on this thread but I can't seem to start a new one. Please help if you can.
I am a Canadian Citizen, Married to LPR of USA who is not eligible for US citizenship yet. I own a house in Phoenix, which I spend ~ 4 months/ year at, and my wife lives full time (but only I legally own the house).
Should I apply for my I130? Will I be able to travel freely in and out of USA, while my I130 is processing, if I stay within my 6 month/year Canadian limits?
Will I be flagged at the border as someone who has filed I130? Please help if you can. Thanks for reading.

[Tyler Was Here]

Thanks RayB for quick response.
Is it best to apply while I'm in USA or in another country? I thought there was a big difference between the two.

[rayb]

It doesn't matter from where you apply, as the petition will show your petition of processing and that's where the Consulate interview will take place.

--Ray B

Thanks RayB for quick response.
Is it best to apply while I'm in USA or in another country? I thought there was a big difference between the two.

[Tyler Was Here]

Hmmmm...I read there isn?t usually an interview for i130, but there is for i485. I might be getting a little lost here.
I also read there are cases like mine where a visa may be issued in as little as five months?
Do you know how long the approval might take in Phoenix?
Thanks so much for your replies Ray B.

[rayb]

For an I-130 to be processed entirely in U.S., and coupled with an Adjustment of Status, there will be an interview. for the Adjustment of Status.

If the applicant is processed abroad, there is always an interview abroad.

--Ray B

QUOTE=Tyler Was Here;556248]Hmmmm...I read there isn?t usually an interview for i130, but there is for i485. I might be getting a little lost here.
I also read there are cases like mine where a visa may be issued in as little as five months?
Do you know how long the approval might take in Phoenix?
Thanks so much for your replies Ray B.[/QUOTE]

[Tyler Was Here]

Have you heard of any cases where a family preference spouse, which I believe I fall under, gets a visa much quicker than the two years?

[rayb]

Yes, if the petitioner is a U.S. citizen, the time frame is about one year.

--Ray B

Have you heard of any cases where a family preference spouse, which I believe I fall under, gets a visa much quicker than the two years?

[Tyler Was Here]

The petitioner is a LPR, not citizen, therefore I'm only considering the I-130. If I have to wait the full term for a visa to become available I understand it may be ~ two years before I can apply for I-485. I have read there are some cases, similar to my situation, where the ability to apply for I-485 comes up much quicker than the two years? Any experience with that?

[rayb]

If the visa applicant is processed outside of the U.S., there will be no I485 requirement.

--Ray B

The petitioner is a LPR, not citizen, therefore I'm only considering the I-130. If I have to wait the full term for a visa to become available I understand it may be ~ two years before I can apply for I-485. I have read there are some cases, similar to my situation, where the ability to apply for I-485 comes up much quicker than the two years? Any experience with that?

[Tyler Was Here]

Ray is that a shorter process? You'd think it would be easier and quicker all being done in USA. I have the option for either I guess as I travel back and forth frequently.

[rayb]

Tyler,

If your petitioner is a GC status, you can't be processed while waiting in the U.S.

--Ray B

Ray is that a shorter process? You'd think it would be easier and quicker all being done in USA. I have the option for either I guess as I travel back and forth frequently.

[Tyler Was Here]

Am I legally entitled to continue travel back and forth as I've done for many years?