Visiting the United States while you have a pending I-130 petition involves walking a logical tightrope. Although you intend to live permanently in the United States once you receive your green card, right now
you must convince the immigration officer or CBP agent that you will not be settling in the United States yet.
Can petitioner travel?
Once USCIS approves your change of status petition, you may travel internationally
. Your H-1B status will take effect on the date that was requested. While travel, as outlined above, is permissible, you may encounter difficulties when re-entering the U.S. or when applying for a visa for your current status.
Can I travel to the US if I have a pending I-130?
If your spouse or other family member has filed an I-130, Petition for Alien Relative, on your behalf, then it may be challenging to convince a consular officer that you do not have “immigrant intent” in the US. Nevertheless,
it is possible to visit the US with a pending I-130
, and we have seen many clients do it.
Can I travel to the United States while my application for an immigrant or fiancé E visa is being processed?
Can my fiancé visit me in the US while waiting for a K-1 fiancé visa?
Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA
.
Can I travel to the US while waiting for my green card?
It's possible to visit your spouse in the United States while your marriage-based green card application is pending
. In order to do so, you would need to apply for a tourist visa. But before pursuing this option, it's important to understand the challenges and risks involved.
Can I travel inside the US while waiting for green card?
If you submit the Form I-131 with your green card application and it is approved by the USCIS you are essentially authorized to travel in and out of the US while your green card is being processed.
Can I travel while I 131 is pending?
Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad
. The pending Form I-131 will not be considered abandoned in this situation.
Can I travel after filing I-130?
After the petition is filed, all you can do is
wait for its approval
. Recently, processing times have been between two and six months for the initial approval. For this reason, it's common for the foreign national to want to visit the United States while the petition is being processed.
Can my spouse travel to U.S. to visit while I 130 visa is processing?
It is absolutely possible for a foreign spouse to visit their partner in the United States while awaiting their green card application
. If you are a foreign spouse, you may apply to enter the United States via a tourist visa if you have a pending I-130 petition, and wish to go back to your home country after the visit.
Can a K1 visa holder travel within the US?
In regards to domestic travel or travel within the United States,
you can travel throughout the United States with your K1 visa
. There's nothing that prevents you from being able to travel domestically within the United States. Do not leave the United States once you enter on your K1 fiancé visa.
Can I travel while my i 90 is pending?
No matter the case, the processing time for an I-90 application is typically 8-10 months, which means, most likely,
the LPR in question will have to postpone international travel until they receive their new green card
.
Can non immigrants travel to US?
If you are a non-U.S. citizen, non-U.S. immigrant and not fully vaccinated, you will not be allowed to enter the United States
. Only limited exceptions apply to the requirement to show proof of vaccination.
How long does it take for I-130 to be approved 2021?
For immediate relatives of a U.S. citizen, I-130 processing times currently vary between
5 to 16 months
(as of April. 13, 2022). The sooner you get started on your I-130 application, the better.
How long does Petition for Alien fiancé take?
It takes
10-13 months on average
(as of April 2022) for U.S. Citizenship and Immigration Services (USCIS) to process Form I-129F (technically called the “Petition for Alien Fiancé”), and an additional 3-4 weeks to receive instructions from the National Visa Center (NVC) to continue the process.
Can I travel while I 140 is pending?
You should not travel internationally while the travel document is pending
, or the entire process will be considered abandoned and your adjustment of status denied. After several months of waiting, you should then be scheduled for an interview with a USCIS officer.
Can you travel while green card is pending?
Individuals in H-1B or H-4 status may travel internationally on the basis of their H-documents while their employment-based green card application is pending without abandoning their green card application.
Can I travel while my VAWA is pending?
The filing is done in complete confidence with USCIS meaning that the abuser will not know you filed for permanent resident status based on abuse. The abuse standard applies equally whether the victim is a man or a woman. While the VAWA petition is pending,
you can apply for work authorization and a travel document
.
Can I travel within US while my asylum case is pending?
May I apply for a travel document to leave the United States and return while my application for asylum is pending?
You may apply for Advance Parole while your asylum application is pending
. If your application is approved and you obtain Advance Parole, you may depart and return to the United States.
Can I travel while in removal proceedings?
An applicant who is in removal proceedings
should never travel outside the United States until they are granted legal status and permission to travel abroad
. This is true even if the applicant receives advance parole.
Can you travel while your i 485 is pending?
Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. The H1B must still be eligible for H status and returning to the previously approved employer.
Can I travel while waiting for my replacement green card?
Leaving the U.S. While Waiting for a Green Card.
The U.S. Citizenship and Immigration Services (USCIS) does provide that immigrants may travel abroad while waiting on their Green Card
, officially known as a Permanent Resident Card.
