Spouse visit while I130 is pending

[tsherif0]

Hi, i have a pending i130 for my spouse and she has a valid VWP/ESTA, can she visit and provide enough evidence of strong ties to her country (e.g. Employment, home ownership, return ticket ..etc) ?

If she gets denied at the border does that impact the pending i130 by any means ?

Thanks.

[Caler355]

HI, probably a bit late to reply to you, i have just registered. I am waiting on I 130 approval. I have been to the USA 3 times since my application on September 2022. Yes, you need to show strong ties still at home, return ticket, letter from employer etc. The best advice is if stopped and you feel its not going your way, the best thing to do is to voluntarily walk away before any strike can be issued on you.

[henryjames]

Certainly! When your spouse has a pending I-130 petition and holds a valid VWP/ESTA, she can visit the United States. To improve her chances of admission, it's crucial for her to provide strong evidence of ties to her home country, such as employment, home ownership, and a return ticket. These documents demonstrate her intention to return after the visit. However, it's important to remember that admission is at the discretion of customs officials, and a denial at the border does not directly impact the pending I-130 petition. The two processes are separate, and a border denial does not automatically affect the I-130. It's always advisable to consult with an immigration attorney for personalized guidance in your specific situation.