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Visiting USA whilst I-130 approval

Visiting USA whilst I-130 approval

Old Dec 4th 2021, 12:49 pm
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Default Visiting USA whilst I-130 approval

Hi everyone,
After been out of the states for 3 years I have reapplied for the I-130.
Receipt notice issued 3rd August.
we want to go to the states to look for property then I will fly back for my interview and return if approved I’ve read a lot of different answers about whether I can even go or do a vwp or b2 visa. You were all brilliant when we first applied years ago so fingers crossed you can help now.
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Old Dec 4th 2021, 12:52 pm
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Default Re: Visiting USA whilst I-130 approval

Originally Posted by Hudson06 View Post
Hi everyone,
After been out of the states for 3 years I have reapplied for the I-130.
Receipt notice issued 3rd August.
we want to go to the states to look for property then I will fly back for my interview and return if approved I’ve read a lot of different answers about whether I can even go or do a vwp or b2 visa. You were all brilliant when we first applied years ago so fingers crossed you can help now.
I wouldn't consider a B2 if you're eligible for the VWP. But yes, you can visit whilst it's being processed.

What route have you used to apply for the I-130? Just wondering if it's marriage/family based or employment based?

Last edited by christmasoompa; Dec 4th 2021 at 1:03 pm.
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Old Dec 4th 2021, 1:07 pm
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Default Re: Visiting USA whilst I-130 approval

It’s marriage based.
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Old Dec 4th 2021, 1:08 pm
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Default Re: Visiting USA whilst I-130 approval

Originally Posted by Hudson06 View Post
It’s marriage based.
Thought it might be, I'll move this to the marriage based visa forum then. There's a sticky thread in there on the subject too - WAIT! Can I visit while I am waiting for my K or Immigrant Visa?????

HTH.
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Old Dec 4th 2021, 1:38 pm
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Default Re: Visiting USA whilst I-130 approval

Originally Posted by Hudson06 View Post
Hi everyone,
After been out of the states for 3 years I have reapplied for the I-130.
Receipt notice issued 3rd August.
we want to go to the states to look for property then I will fly back for my interview and return if approved I’ve read a lot of different answers about whether I can even go or do a vwp or b2 visa. You were all brilliant when we first applied years ago so fingers crossed you can help now.
Originally when you posted in June 2021, you said you have been out of the US for 4 years and 'know you have abandoned your green card." Have you confirmed with a good US immigration attorney that this is true? Or have you just decided to reapply for a new IR-1 visa?

Unless there is a reason why you would not be approved for an ETA, IMHO I would not apply for a B2. Under the VWP you can stay to look at property for up to 90 days. Two reasons why applying is not recommended are the B2 might allow you to stay longer but you clearly have intent to stay in the US because of the I-130 Application and/or you might not be considered to have abandoned your residency status in the US if at the POE you present your green card and are allowed through.

BTW you are not the USC so your wife has submitted your I-130, not you.
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