I-130 Approved; Still travel to US?
Mar 11th 2010, 12:15 am
#1
Forum Regular
Thread Starter
Joined: Sep 2009
Posts: 40
I-130 Approved; Still travel to US?
My USC wife and I had submitted the I-130 and were not expecting it to come back until May. In between then, I was planning to head over to the states at the end of the month and stay until the end of April. However, my wife has now just received the approval notice for the I-130 and I wasn't sure whether this would negatively affect my chances of entering the US or, indeed, affect the visa process in some way.
In addition, my sketchy understanding of timelines is that my wife should receive an I-864 in a couple of weeks and then, in about a month or so, I will be contacted by the NVC. Given that I was thinking of heading over at this time, I wasn't sure whether it would be more worthwhile to remain in the UK and assemble all the necessary documentation. The aim is to have the visa in hand, by August or early September.
Thanks, in advance, for any advice,
Dan
In addition, my sketchy understanding of timelines is that my wife should receive an I-864 in a couple of weeks and then, in about a month or so, I will be contacted by the NVC. Given that I was thinking of heading over at this time, I wasn't sure whether it would be more worthwhile to remain in the UK and assemble all the necessary documentation. The aim is to have the visa in hand, by August or early September.
Thanks, in advance, for any advice,
Dan
Mar 11th 2010, 1:37 am
#2
Joined: Apr 2002
Posts: 35,082
Re: I-130 Approved; Still travel to US?
Congrats on the quick I-130!
The first thing your wife will get is the Choice of Agent form. If you really don't want to move until the fall, you can just let the NVC process happen as it does. If you want to speed things up, you can get through the NVC in a much shorter time.
Either way, you can still visit. It won't change much of anything with your visa application.
The first thing your wife will get is the Choice of Agent form. If you really don't want to move until the fall, you can just let the NVC process happen as it does. If you want to speed things up, you can get through the NVC in a much shorter time.
Either way, you can still visit. It won't change much of anything with your visa application.
Mar 11th 2010, 3:57 am
#3
Forum Regular
Joined: Jun 2009
Posts: 40
Re: I-130 Approved; Still travel to US?
I traveled for many years in and out of the US after my dh had successfully filed a I-130 which we subsequently let lapse as we decided not to move to the US.
I never went to secondary during that period, but I did sometimes get some indepth questions from the POE. I tended to have more problems if I traveled into the US by myself and not with my USC dh and later child who is also USC plus my nationality...
I think, therefore, it is a good idea, just have packed with in your carryon, everything that you can easily prove that you intend to return to the UK. Otherwise, depending on the POEs mood, you may see secondary, I did btw on one trip explain the purpose of my trip and the POE actually googled everything in front of me, everything I told him I planned to do....
None of this, I think affects your visa, more it affects how you will be screened at the POE. Again, I think if you have all your ducks in a row in terms of paperwork, then I think you are probably fine.
HTH!!
I never went to secondary during that period, but I did sometimes get some indepth questions from the POE. I tended to have more problems if I traveled into the US by myself and not with my USC dh and later child who is also USC plus my nationality...
I think, therefore, it is a good idea, just have packed with in your carryon, everything that you can easily prove that you intend to return to the UK. Otherwise, depending on the POEs mood, you may see secondary, I did btw on one trip explain the purpose of my trip and the POE actually googled everything in front of me, everything I told him I planned to do....
None of this, I think affects your visa, more it affects how you will be screened at the POE. Again, I think if you have all your ducks in a row in terms of paperwork, then I think you are probably fine.
HTH!!
Last edited by Emily B; Mar 11th 2010 at 4:13 am.
Mar 11th 2010, 7:21 am
#4
BE Enthusiast
Joined: Nov 2007
Location: Carson City, NV
Posts: 789
Re: I-130 Approved; Still travel to US?
I did travel to the US at least once after the I-130 had been approved. No problems at all.
Mar 11th 2010, 2:02 pm
#5
Forum Regular
Thread Starter
Joined: Sep 2009
Posts: 40
Re: I-130 Approved; Still travel to US?
Many thanks for the as always helpful replies. The I-130 did come back quite quickly - in less than 3 months and that's including the Christmas and New Year period too! So, basically, I can still (attempt to) enter the US at this stage of the process but once I submit my application for an immigrant visa, then I must remain outside the US and cannot visit under the VWP.
As for POE concerns, I became aware of the possibility of being refused entry when I was attempting to enter last September - it was all straightforward in the end but, like you say, it's better to be prepared with evidence/documentation. The one thing that causes slight consternation is that my I-94 wasn't removed from my passport when I left the US last time. I did check on the CBP website and it appears to state that it should not be an issue because I left on a commercial carrier i.e. it can be independently verified. In addition, I still have the boarding pass + another boarding pass from a later connecting flight + a UK immigration date stamp (I only noticed that it hadn't been removed when I landed in the UK and an officer offered to do it as additional verification). That said, numerous other websites state that you have to send the I-94 off to Kentucky and the CBP website is confusing in so far as it gives instructions to do this on the same page as it says you can ignore it (the instructions are, I think, for those that left the US on private carriers/land).
Once again, many thanks.
Dan
As for POE concerns, I became aware of the possibility of being refused entry when I was attempting to enter last September - it was all straightforward in the end but, like you say, it's better to be prepared with evidence/documentation. The one thing that causes slight consternation is that my I-94 wasn't removed from my passport when I left the US last time. I did check on the CBP website and it appears to state that it should not be an issue because I left on a commercial carrier i.e. it can be independently verified. In addition, I still have the boarding pass + another boarding pass from a later connecting flight + a UK immigration date stamp (I only noticed that it hadn't been removed when I landed in the UK and an officer offered to do it as additional verification). That said, numerous other websites state that you have to send the I-94 off to Kentucky and the CBP website is confusing in so far as it gives instructions to do this on the same page as it says you can ignore it (the instructions are, I think, for those that left the US on private carriers/land).
Once again, many thanks.
Dan
Mar 11th 2010, 2:32 pm
#6
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: I-130 Approved; Still travel to US?
Rene
Mar 11th 2010, 2:40 pm
#7
Forum Regular
Joined: Jun 2009
Posts: 40
Re: I-130 Approved; Still travel to US?
No, as far as I know, and based on my own experiences yes you can travel on the VWP with an approved I-130.
As far as I have seen, when you come in at the POE they have a look at your records.... and decide based on that plus whatever you have to say.
Sounds like your other issue though is your outstanding I-94, which you need to sort out.
As far as I have seen, when you come in at the POE they have a look at your records.... and decide based on that plus whatever you have to say.
Sounds like your other issue though is your outstanding I-94, which you need to sort out.
Mar 11th 2010, 5:05 pm
#8
Forum Regular
Thread Starter
Joined: Sep 2009
Posts: 40
Re: I-130 Approved; Still travel to US?
Mar 11th 2010, 5:12 pm
#9
BE Enthusiast
Joined: Apr 2009
Location: Upstate NY
Posts: 308
Re: I-130 Approved; Still travel to US?
The one thing that causes slight consternation is that my I-94 wasn't removed from my passport when I left the US last time. I did check on the CBP website and it appears to state that it should not be an issue because I left on a commercial carrier i.e. it can be independently verified. In addition, I still have the boarding pass + another boarding pass from a later connecting flight + a UK immigration date stamp (I only noticed that it hadn't been removed when I landed in the UK and an officer offered to do it as additional verification). That said, numerous other websites state that you have to send the I-94 off to Kentucky and the CBP website is confusing in so far as it gives instructions to do this on the same page as it says you can ignore it (the instructions are, I think, for those that left the US on private carriers/land).
Once again, many thanks.
Dan
Mar 11th 2010, 5:26 pm
#10
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: I-130 Approved; Still travel to US?
Rene
Mar 11th 2010, 5:27 pm
#11
BE Forum Addict
Joined: Aug 2009
Location: Silicone Valley
Posts: 1,730
Re: I-130 Approved; Still travel to US?
Just make sure you take lots of proof of your ties to the UK, mortgage payments, rental agreements, letter from your employer saying that you are employed and when you're going back to work. Oh and a return ticket of course.
Mar 11th 2010, 5:55 pm
#12
Forum Regular
Thread Starter
Joined: Sep 2009
Posts: 40
Re: I-130 Approved; Still travel to US?
Well, I happily stand corrected. I'm glad that I (inadvertently) raised this point (even though it shows up my own stupidity/ignorance!) because I've been living under a misapprehension - US immigration seems less draconian now.
Mar 11th 2010, 6:48 pm
#13
Joined: Apr 2002
Posts: 35,082
Re: I-130 Approved; Still travel to US?
Many thanks for the as always helpful replies. The I-130 did come back quite quickly - in less than 3 months and that's including the Christmas and New Year period too! So, basically, I can still (attempt to) enter the US at this stage of the process but once I submit my application for an immigrant visa, then I must remain outside the US and cannot visit under the VWP.
As for POE concerns, I became aware of the possibility of being refused entry when I was attempting to enter last September - it was all straightforward in the end but, like you say, it's better to be prepared with evidence/documentation. The one thing that causes slight consternation is that my I-94 wasn't removed from my passport when I left the US last time. I did check on the CBP website and it appears to state that it should not be an issue because I left on a commercial carrier i.e. it can be independently verified. In addition, I still have the boarding pass + another boarding pass from a later connecting flight + a UK immigration date stamp (I only noticed that it hadn't been removed when I landed in the UK and an officer offered to do it as additional verification). That said, numerous other websites state that you have to send the I-94 off to Kentucky and the CBP website is confusing in so far as it gives instructions to do this on the same page as it says you can ignore it (the instructions are, I think, for those that left the US on private carriers/land).
Once again, many thanks.
Dan
As for POE concerns, I became aware of the possibility of being refused entry when I was attempting to enter last September - it was all straightforward in the end but, like you say, it's better to be prepared with evidence/documentation. The one thing that causes slight consternation is that my I-94 wasn't removed from my passport when I left the US last time. I did check on the CBP website and it appears to state that it should not be an issue because I left on a commercial carrier i.e. it can be independently verified. In addition, I still have the boarding pass + another boarding pass from a later connecting flight + a UK immigration date stamp (I only noticed that it hadn't been removed when I landed in the UK and an officer offered to do it as additional verification). That said, numerous other websites state that you have to send the I-94 off to Kentucky and the CBP website is confusing in so far as it gives instructions to do this on the same page as it says you can ignore it (the instructions are, I think, for those that left the US on private carriers/land).
Once again, many thanks.
Dan
Clearly, you don't need to do anything further, other than carry that evidence you have that you did depart on time.
"If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States."
