How risky is it for someone who’s already got an I-130 form submitted to USCIS to visit the US (i.e. 1-2 weeks for Christmas holidays)? My partner and I are currently based in Japan and would return after the trip since her work is here and we still have bills, lease, etc here. I heard it’s risky for the person the application is for to visit the US while the application is still being processed. Has anyone done this before? We definitely do not want to put the application process in jeopardy of being void.
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The reverse – leaving the US after submission – used to be something to be avoided. My suspicion is your proposed directional movement would be equally problematic. Wouldn’t you have had to submit whatever existing visa to the US that you had with the application?
It’s riskier than _not_ going, but in general, so long as you ensure you have any proper visas necessary (or are covered by visa waiver travel), already have a return flight booked when you enter, and you don’t overstay, it’s ok.
One thing to keep in mind is that, unless things have changed, the visa waiver program requires you to stay outside the country again for a certain period of time (91 days I believe?) before you can re-enter. So if you enter under visa waiver travel in December but then for some reason you need to travel to the US again in February, you would not be allowed to enter under visa waiver.
Not advice as I don’t want that guilt trip.
But if she is Japanese and you have everything documented, I don’t see the risk as it is allowed. My wife did the same way back when and was never questioned.
INS isn’t really all that concerned about Japanese nationals overstaying or trying to game the system.
Consult your immigration lawyer for legal advice.