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 US while my application for an immigrant visa is being processed?
Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed. If you intend taking up permanent residence in the United States,
you are required to wait until the immigrant or fiancé(e) visa is issued
.
Can I still qualify for a tourist visa if I have a pending immigrant petition?
Have adequate cash to pay the cost of the trip to the United States, as well as all living expenses while in the United States and the return journey home.
By presenting as much evidence as possible, you can successfully obtain a visitor visa despite having a pending I-130 petition.
Will my tourist visa be Cancelled when applying for immigrant visa?
A U.S. consulate or embassy will mark the visa “Cancelled Without Prejudice,”
which means that the cancellation does not impair the individual’s eligibility to obtain a valid visa and enter the United States.
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.
How long is I-130 approval valid?
How long is the I-130 petition valid? After the I-130 petition is approved and an IV applicant receives an Instruction Package, he/she must apply for a visa within
2 years
from the date on the Instruction Package letter.
How can I stay in USA with tourist visa?
When you enter the U.S.,
a customs officer will give you authorization to stay in the U.S. for up to six months
. If you’d like to stay for longer, you may be able to apply to extend this for up to one year.
Can my spouse visit me on tourist visa?
Can my fiancé(e) visit me in the United States on a tourist visa? The short answer is
yes, you can
. The same rules for spouses of U.S. citizens (as described above) also apply to engaged partners with a pending K-1 (fiancé or fiancee visa).
Can I visit the US while waiting for my immigrant visa?
Family-based green card applications can take years to be processed. While your I-130 application is pending, is it possible to travel to the United States?
The straight answer is yes
, but it’s important to understand what’s expected of you when you take these trips..
Can you apply for a fiancé visa while on a tourist visa?
Yes, generally speaking, the K-1 visa application can be filed by the U.S. citizen while the foreign national fiance(e) is in the United States on a visit
. A couple will not need to wait to file the K-1 application just because the foreign national fiance(e) is in the country.
Can my spouse travel to US 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.
Does US Embassy do background check for tourist visa?
The U.S. embassy/consulate will conduct visa interviews, a background check
, and require a medical examination performed in the country where the individual is applying for the visa.
Can I get a green card if I have a tourist visa?
You can apply for a green card to gain lawful permanent resident status in the U.S. while you’re visiting the country on a tourist visa
. Remember, though, that if you overstay your visa, the visa will become legally void on its expiration date; at that point, you’re in the U.S. illegally.
Can I travel while my adjustment of status 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 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.
How long does I-130 take to get approved 2020?
After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from
5 to 12 months for immediate relatives and could take several years for family preference categories
. This is an approximation.
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 much is the fee for I-130?
The filing fee for Form I-130 is
$535
. The filing fee for this petition cannot be waived. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition.
Are tourist visas allowed in US Covid?
General Resumption of Visa Services
The Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic. On July 13, 2020, DOS tweeted the following update from @TravelGov: “
US embassies and consulates are beginning the phased resumption of routine visa services
.
What are three 3 activities you Cannot do with a visitor visa?
- Study.
- Employment.
- Paid performances, or any professional performance before a paying audience.
- Arrival as a crewmember on a ship or aircraft.
- Work as foreign press, in radio, film, print journalism, or other information media.
- Permanent residence in the United States.
How long can I extend my tourist visa in USA?
You are allowed to extend tourist visa and extend your business date if you are B1 or B2 holder. The typical amount of time granted to a B visa holder is one to six months. The maximum amount of time you can extend on a B-1 visa is
up to 6 months, for a total of 1 year
.
How long is I-130 for spouse?
If your Form I-130 will be processed at the California Service Center, the estimated time range is: Permanent Resident Filing for a Spouse —
19.5 months to 25.5 months
. U.S. Citizen Filing for a Spouse — 19.5 months to 25.5 months.
How can I update my I-130 for my husband?
Your spouse is covered in the initial I-130 petition that was filed.
You do not need to file a new petition for your spouse
. However, you must file separate visa petitions for each child, as long as they continue to be unmarried, under age 21 and are your natural children or legal stepchildren.
Can you visit boyfriend on tourist visa?
FAQ About Getting Your Boyfriend or Girlfriend to the US
Your significant other can travel to the US as a visitor without any visa at all under the visitor visa program
.
