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Can I visit the US while I-130 is pending?

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by DVBeaver, Nov 27, 2017.

  1. DVBeaver

    DVBeaver New Member

    My sister just filed an I-130 petition for me under the F4 Category. Both of us live in Canada at the moment. As a Canadian Citizen, am I still eligible to travel to the US under the Visa Waiver Program even though I have an I-130 pending?

    I really have no intentions of overstaying in the US as my sister lives in Canada with me and I have a job and property here as well.

    Thanks for your help!
  2. newacct

    newacct Well-Known Member

    No rule prohibits you from traveling to the US. Like all visitors, you have to overcome the presumption that you intend to immigrate during this stay.

    Note that Canada is not part of the Visa Waiver Program. Canadian citizens do not need a visa to enter the US for most nonimmigrant statuses, and this is separate from the Visa Waiver Program.
  3. DVBeaver

    DVBeaver New Member

    Thanks so much for the advice!
  4. SusieQQQ

    SusieQQQ Well-Known Member

    I'm assuming you're aware your sister will have to show US domicile when you eventually get a visa number to complete the process, and her US taxes will need to be up to date, etc.

    I traveled to the US (on a B visa) a few times while I had first an F3 family petition, and then a DV selection, in progress. As long as CBP is happy that your stay will be temporary and you'll go back home, you'll be fine.

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