Jay Zam
Jul 23, 2024
QUESTION about travel to US
I am a US citizen living in Canada with my husband who is a Canadian citizen. We applied for I 130 outside of the US and are waiting in the processing phase. We may need to travel to the US for a family medical emergency. Has anyone ever traveled to the US while in the I 130 process? I do not want to jeopardize our application and would not travel for leisure however this is somewhat of a unique situation. Any feedback is helpful, thank you!
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Juan VidalJul 23, 2024
Yes you can. I’m Salvadoran married to an US Citizen and I have travelled to the US like 5 time with my I-130 pending of approval. I just showed evidence that I was going back to my country and I entered without any problems. I tried to keep my record clean so they can see they can trust me with I’m still with the whole process pending.
Nattlestar πŸ‡¨πŸ‡¦ 🀞Jul 23, 2024
@Juan Vidal What evidence did you show the officer at the US border?
Agh gxJul 23, 2024
@Nattlestar πŸ‡¨πŸ‡¦ 🀞 I am USC and spouse is Canadian also with pending I-130. we just returned 2 weeks ago from a visit to the states and it was very easy. we did not have to show any proof of return, they just asked my husband when he was returning and that was it.
Nattlestar πŸ‡¨πŸ‡¦ 🀞Jul 23, 2024
@ag g I am a Canadian and I am flying into Canada on Sept 12 with a pending I-130 and returning to the US by car with my American husband on the 20th of September. Will they require me to bring my pending I-130 form to the US Border? Did you have to file an Emergency Advance Parole?
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Juan VidalJul 23, 2024
@Nattlestar πŸ‡¨πŸ‡¦ 🀞 in my case I just presented the return airline ticket and that I was on vacation from my job (printed copy of my boss authorization for vacations and when I was going back to work). I guess that depends on the CBP officer. Some of them ask, others don’t, because on my last 2 trips they haven’t asked anything at the border.
Nattlestar πŸ‡¨πŸ‡¦ 🀞Jul 23, 2024
@Juan Vidal Which airport did you fly from? I’m flying from Cincinnati to Toronto and driving back with my husband. We will drive through to the U.S. from Canada and will be driving through Detroit.
Nattlestar πŸ‡¨πŸ‡¦ 🀞Jul 23, 2024
@Juan Vidal I will not be able to provide a return ticket, as I will be driving back. will that be an issue?
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Juan VidalJul 24, 2024
@Nattlestar πŸ‡¨πŸ‡¦ 🀞 in your case are you doing a adjustment of status or via consular? because I am doing my process via consular and I traveled from San Salvador via Miami and from San Salvador via Houston.
Nattlestar πŸ‡¨πŸ‡¦ 🀞Jul 24, 2024
@Juan Vidal I have an I-130 and an I-485 that’s pending. I submitted an I-131 in May, but the I-130 might get approved before the 1-131 gets approved.
Nattlestar πŸ‡¨πŸ‡¦ 🀞Jul 24, 2024
@Juan Vidal I-485 adjustment of status.
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Juan VidalJul 24, 2024
@Nattlestar πŸ‡¨πŸ‡¦ 🀞 I think that if your case is an adjustment of status you need an advance parole. Not sure about that. I think is better consult an immigration lawyer if that is the case
Nattlestar πŸ‡¨πŸ‡¦ 🀞Jul 24, 2024
@Juan Vidal I’m pretty sure I need an advance parole. I will consult with an immigration lawyer.
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Juan VidalJul 24, 2024
@Nattlestar πŸ‡¨πŸ‡¦ 🀞 yes, I think that too. That’s why I decided to continue with consular process instead of adjustment of status because I still needed to travel because of my current job and finish pending at my country before moving to the US
Nattlestar πŸ‡¨πŸ‡¦ 🀞Jul 24, 2024
@Juan Vidal That makes more sense now as to why you could leave.
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Juan VidalJul 24, 2024
@Nattlestar πŸ‡¨πŸ‡¦ 🀞 yep, that’s why at the beginning when I traveled to the US I presented proof that I was just in a 2 or 3 week trip and returning to my country to wait and continue with the consular process.
Jay ZamJul 24, 2024
Thank you so much this is aleiviating my concerns for sure!

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