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Travel to the U.S. While I-130 is Approved

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  • 06-04-2009, 04:30 PM
    emystery
    Travel to the U.S. While I-130 is Approved
    Hi,

    i have a question concerning the I 130.

    my husband has filed the I 130 for me in 2007 at the Vermont Service Center.
    The VSC has sent us a notice the end of april 2009 that said that the I 130 is approved and that its going to be forwarded to the National Visa Center.

    I called the National Visa Center to ask if they have received the form from the Immigration...but they havent yet...

    We have been married since summer 2006 and i have been 6 times in the United States to visit him. I live in Europe and my husband lives in the US...he was a greencard holder before and he became US citizen in the beginning of 2009.

    My question is, if i can visit the United States to see my husband while the I 130 is on the way to the National Visa Center?

    thank you for answering in advance...
  • 06-06-2009, 07:49 AM
    Mr. Knowitall
    Re: Travel to the U.S. While I 130 is Approved
    There's a risk involved. With a pending I-130, you're on record as having intent to immigrate. If you try to enter as a tourist, you'll be claiming that you don't.
  • 06-11-2009, 12:11 PM
    emystery
    Re: Travel to the U.S. While I 130 is Approved
    I am scared that if i try to enter the united states, that they going to stop me and send me back to europe that this is going to affect my I 130?!

    I already called the CIS and the national visa center, one tells you you canīt enter while the I130 is pending and the other says yes you can enter but they are just maybe going to ask you some questions...just to make sure that you are not going to stay illegal...

    I have been 6 times to the US while i failed the I 130 and i never overstayed my VWP but the only difference now is that the I 130 is approved by the uscis but the visa center still doesnt received it...

    Is there someone with the same case like me??
    Or is there someone who can give me more information?

    Thanks in advance
  • 01-14-2010, 09:39 AM
    alinaturkova
    Re: Travel to the U.S. While I 130 is Approved
    Hello emystery! My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US once on B1/B2 visas after that. They've never asked us a question about an immigration intent. However, I think there was a question in the DS-160 form whether we've applied for a non-immigrant visa before. Of course, we've answered "no" since it's not true. But now I'm thinking that maybe I-130 application is considered an application for a non-immigrant visa? I'm afraid it could cause a denial since we've lied. What did you put for that field in the application form? Please share your thoughts. Thank you!
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