petitio I i30

[olgasosa]

What is the name of your state?
Florida
Case:Husband naturalized citizen married to a Venezuelan wife for more than two years and residing in Barbados since before (more than 9 years.

QUESTION?
IF THE HUSBAND SUBMIT THE 1 I30 THROUGH THE AMERIAN EMBASSY IN BARBADOS AND while waiting for the process to finish we want to travel to America becausewe are beggining some arragements for the final move that will be when the Wife gets everithing approved. Could it be possible?

is there any problem for the wife entering as a visitor while the process in taking place.

I aprreciate any informations and thanksvery much in advance.

 

[ImmigAttyLana]

The wife would only be able to travel to the US in the interim (while the I-130 is pending) IF she can get a visitor's visa to the US and this is going to be VERY unlikely if the I-130 is pending since this shows clear immigrant intent and it is not permitted to have immigrant intent if traveling on a visitor's visa. Therefore, most likely the visitor's visa application will be denied and the wife will be told that she has to wait for the immigrant visa to be approved on the basis of the I-130.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[olgasosa]

I have a visitors visa

Thanks for your answer.

Yes I do as the wife have a visitor visa, but i was wondering if the is any prohibition to do visit America while the process is taking place,I do not want to do anything against law or immigrations policies. But if this is legal I might be coming to USA in the interim. My visitors visa expires in 2015. I do not want to go there and be asked and have to behiding anything, of coursei f I go it would not be to stay, just for 2 weeks aproximately.

Thanks for your prompts answers. I learnt about this forum today and you have been very helpful to clarify my huge amount of doubts.

 

[ImmigAttyLana]

As I indicated in my previous post, you may not be permitted to enter on a visitor's visa because you have a pending I-130 petition and you would be deemed to have immigrant intent. That could happen at the port of entry as you are trying to come into the US (after the flight, at the airport) and as you are asked about your purpose for the visit, etc. you may be turned back and not allowed to come into the US.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[evcalyptos]

Thanks for your answer.

Yes I do as the wife have a visitor visa, but i was wondering if the is any prohibition to do visit America while the process is taking place,I do not want to do anything against law or immigrations policies. But if this is legal I might be coming to USA in the interim. My visitors visa expires in 2015. I do not want to go there and be asked and have to behiding anything, of coursei f I go it would not be to stay, just for 2 weeks aproximately.

Thanks for your prompts answers. I learnt about this forum today and you have been very helpful to clarify my huge amount of doubts.

Further to Lana's comments, if you file the I-130 directly with Barbados, you won't be 'in the system' for them to know you have an I-130 pending. Regardless, you should answer ALL questions at the POE with the truth, while not volunteering extra information.

Your USC spouse can carry proof that he lives outside of the US, to answer any concerns that you are immigrating --on that visit-- (which you are not).

Barbados cases are quick.. about 3 months. You may not have the delay you think you're going to.

Best wishes!

 

[olgasosa]

thanks for the information

Thanks to Eucalyptus and Lana for the information provided. I appreciate your help.