Visiting whilst awaiting process

P

pwac

Registered Users (C)
Hello. Just wondering if somebody could put my mind at ease?
I married my US citizen wife in July, in the US, as planned whilst on my vacation there. I returned to England 5 days later, again as planned.
We have submitted I-130 and have received NOA.
My query is. Am I ok to visit back and forth whilst the the application is going through the processing procedure?
I am actually booked to travel out there September 5th, returning to England on 20th. I have also booked my return flight for Christmas period as I do not anticipate it being all completed by then.
Grateful if somebody could answer this.
Thanks
 
That's nobody can answer but the border officer that you apply for admission with.
 
Thanks for that answer. I find it a bit worrying that it can revolve around the decision of one officer. So I just have to hope he/she is having a good day? Previous experience does not instil confidence.
Thanks anyway.
 
Well, the immigration requires some efforts. If you prefer to have more confidence you should have applied for the AP.
 
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Like I said thanks. This AP is a new one on me/us. We spoke at length on the phone to an immigration official. We explained what was going to be happening and at no time was this AP thing mentioned. I had better look into it.
 
You are welcome. I do not believe they are required to disclose all the information they might know. Even the USCIS web site does not list among family based forms the AOS AP path.
 
AP doesn't apply to you since you are going for consular processing.

pwac said:
Like I said thanks. This AP is a new one on me/us. We spoke at length on the phone to an immigration official. We explained what was going to be happening and at no time was this AP thing mentioned. I had better look into it.
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acr said:
Well, the immigration requires some efforts. If you prefer to have more confidence you should have applied for the AP.
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AP is for those who are AOSing in the US. The OP appears to be applying for an immigrant CR1 visa and is not in the US, therefore AP is not applicable in this instance.

The OP is concerned about whether or not he will be able to 'visit' the US during the visa process. The answer is 'yes you can visit', though whether you will be allowed entry is another issue. Many people do enter their fiances/spouses during the visa process and have completely, hassle free entries. To increase your chance of this, when/of you do visit, be armed with proof of ties back to England (eg, letter from employer stating your due date back at work, mortgage/rent agreements etc). Only show this evidence if specifically asked. So while you 'can visit' your spouse in the US, be mentally prepared for possible denial of entry.
 
acr said:
Her choosing the CP and thinking she would travel as usual was wrong.
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Why?
It's ok to visit while having a spousal/fiance visa in the works.
From my years of reading forums, I have read hundreds and hundreds of people's successful POE stories, and only a handful of denials (the denials have usually been attributed to too frequent VWP visits/VWP too close together rather than the fact that they have a visa petition pending). The chances are the OP will be fine- though they just have to prepare themselves 'just in case'.
 
Thank you all for taking an interest and trying to put my mind at ease.

To try and clarify things. After discussing the situation with an immigration official in the U.S. We decided that the best route was for us to marry on one of my trips over there. My wife is the U.S citizen and has lived there since birth. As we wanted things to be totally legal and above board. She was/has applied for my visa. While it is being processed I have returned to England where I have a full time career and own property. We thought it best for me to continue staying here(England) until as such time, and hopefully, I was allowed to move over there permanently and legally.
Perhaps, it was naivety on my part to think we could just continue as before. That is I travel over when funds and time off work allow. This has been the pattern for over 3 years now. Next month will be my third visit this year. We are both, obviously, hoping this is not going to cause problems.
 
pwac said:
Thank you all for taking an interest and trying to put my mind at ease.

To try and clarify things. After discussing the situation with an immigration official in the U.S. We decided that the best route was for us to marry on one of my trips over there. My wife is the U.S citizen and has lived there since birth. As we wanted things to be totally legal and above board. She was/has applied for my visa. While it is being processed I have returned to England where I have a full time career and own property. We thought it best for me to continue staying here(England) until as such time, and hopefully, I was allowed to move over there permanently and legally.
Perhaps, it was naivety on my part to think we could just continue as before. That is I travel over when funds and time off work allow. This has been the pattern for over 3 years now. Next month will be my third visit this year. We are both, obviously, hoping this is not going to cause problems.
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Please let us know as soon as you are allowed entry into the US while your GC processing is still pending. :p We are very much interested in new experiences for future reference to other OP. Why don't you and wife meet in the caribbean for a week or two without anyone ever facing the possibility ot being denied entry into the US? Flying to the bahamas is very cheap and wife will love the weather, Atlantis can use a young couple for a week of :D
 
pwac said:
Nice idea but she cannot get time off.
I will let people know how it goes next week.
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Please do let us know. As you can see, this forum is a success because of experiences from people like you, who can bite the bullet for love and happy endings all the way...:)
 
Sorry for delay in getting back. Had no problems at all entering in September.
In fact Immigration Officer was cracking jokes about long distance marriages.
Hoping to get a similar smooth ride when I visit in December.
 
pwac said:
Sorry for delay in getting back. Had no problems at all entering in September.
In fact Immigration Officer was cracking jokes about long distance marriages.
Hoping to get a similar smooth ride when I visit in December.
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Pwac,

Well.. I can't blame you for not getting back to us, extended honeymoon has a tendency to make people forget....:D I hope your wife enjoyed your time together...;) Also, great to see what you had an easier time entering, I hope the CBP officer isn't planning his own long distance marriage...;)
 
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