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Canadian married to American, after I-130 has been filed, before interview, can I enter US on Travel visa for visit only?
Anonymous6 views4 answers
I don't want to stay in US till all the process is completed and passed with the I-130 forms , passing interviews, but my husband wants me to visit for Thanksgiving down in US and misses me. So separation is difficult, is there a way to visit that won't jeopardize the process, with possibilities of being suspected of fraud, which some sites suggest is what the border crossing guards think, even if you don't intend to stay in the country till process is completed. I am hearing conflicting advice from different sites on this issue and don't want to mess things up by following wrong advice. From what I have read you can apply for different forms and visas, they will take your money, but there are no guarantees by them taking the money that it is the correct form to file or the correct order
Sites like this are intended for general information only. They are not a substitute for advice. If you would like advice, you would need contact an attorney for an individual consultation.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
In order to visit you need to overcome two obstacles: 1. get a visa. 2. be admitted. Both create a huge issue when an immigrant petition is pending on your behalf especially with the visa immediately available for you. Why? INA 214b presumption of immigrant intent. Even if they already have to visa, the second obstacle remains. You do not want to be deported at the port of entry just because the CBP officer decided you have no way of overcoming the immigrant intent because you have an immigration petition in the working. I would abstain from traveling.
It is possible to have an I-130 pending or approved and enter into the United States. One would clearly need to be prepared to show non-immigrant intent on this trip, such as ties to the home country, return trip ticket, active employment in the home country, possession of real assets left behind. It is never a clear case or a sure thing and it is strongly recommended that you speak to an immigration attorney to help customize a plan that will maximize your chance of being able to demonstrate “no immigrant intent” on this trip.
Susan Prchal WormImmigration AttorneySan Diego, CA ·
You may visit the U.S., but be prepared to explain the temporary nature of your trip and your ties to your home in Canada, if asked, at the border. Also, while you are here visiting, you should speak to an attorney about your options for concluding your application.
