B1/B2 Visa while awaiting IR-1/CR-1 processing

[AzRich 0]

Well today I just got confused....hahaha! The last time I inquired about this process was before the K3 discontinue issue in February.

My fiance and I have planned our wedding for the end of May in Mexico, both religious and civil on the same day. I would return to the United States and file the IR-1/CR-1. Now my fiance has had her B1/B2 forever, always approved and always approved for travel permits as well. This is what she has used to visit me the entire time of our relationship (almost 3yrs now) or I have gone to Mexico.

We were under the impression that while we were waiting for the IR-1/CR-1 processing that she would still have her B1/B2 visa to visit as she has been doing. Once she was called for the interview at the consulate in Mexico, the B1/B2 visa would become voided at that time as she entered with her greencard.

Now the confused part about today is that I called and spoke with a local immigration law office here in Tucson, AZ and they were pushing for us to get married in the US on the B1/B2 and her not return to Mexico until that was approved. Of course this would be visa fraud as she is entering the US on the B1/B2 with the intent to immigrate.

Now I have an appointment to meet tomorrow with the lawyer and want to make sure I ask the right questions regarding this issue as we are not even considering the visa fraud under the B1/B2 as a means towards her greencard. So,

1. After we are married and I immediately file the IR-1/CR-1 when I am back in the US, will this null and void her existing B1/B2 visa or will she still be able to use her B1/B2 visa to visit?

[ceciliaottawa 0]

I was in the same situation as I married a USC while on a B1/B2 and left the US to marry. All I can say is that once your I-130 is filed and your wife's name appear on the USCIS system she will have a hard time trying to cross as you supossedly cannot cross to the US with one status while you have an immigrant status pending. So, the officers at the border can rightfully deny her entry and its up to them. I managed to cross 2 times from Canada while on process and this is what the border officers told me. I had to take proofs of strong ties to Canada (lease etc) so that they can be convinced I would return. I don't know about the potential visa fraud you are mentioning if marrying in the US, but what I can say is that be aware that if you marry outside the US the process can take up to a year or a bit more, whereas within the US I know its about 4-5 months on average.

Good luck!

[AzRich 0]

Well the documentation that she has had to provide in the past for her travel permits show all her extensive ties to Mexico in terms of financial, residency, etc, etc. She does not just enter with her B1/B2, but also with her travel permit in hand to travel beyond the 75 miles from the border.

That is what I don't understand. The application of the IR-1/CR-1 shows intent to immigrate lawfully and legally yet it is then up to a CBP official to just arbitrarily decide that the person with long standing B1/B2 and travel permit is going to throw it all away to immigrate illegally.

[Harpa Timsah 13,258]

You are correct - she can still visit on her old B2 and it will only become void once CR1 is issued.

[AzRich 0]

I am losing my faith in immigration lawyers when they all keep saying her B1/B2 will be null and void if we get married in Mexico and then file for the IR1/CR1. They then have been suggesting that we marry under the B1/B2 in the US which many of you have been pointing out would qualify as visa fraud if she did not go back to Mexico immediately since she used the B1/B2 to immigrate.

[Mrs O. 29]

I am losing my faith in immigration lawyers when they all keep saying her B1/B2 will be null and void if we get married in Mexico and then file for the IR1/CR1. They then have been suggesting that we marry under the B1/B2 in the US which many of you have been pointing out would qualify as visa fraud if she did not go back to Mexico immediately since she used the B1/B2 to immigrate.

Many many immigration lawyers(not all) are just in it for the money and they dont care if they get their 'clients' in moe trouble for the future with somesilly advice. Why do you even need a lawyer? As long as you are patient and can read instructions then you are good! I had a valid B1/B2 visa when we started the CR1/IR1 process and I continued to use it to visit the US until the Immigrant Visa was issued. So your fiancee will be fine to visit until the end of your visa journey. The only thing is that its totally up to the officers at POE to decide whether to let her in or not. Two words: STRONG TIES.

[AzRich 0]

Many many immigration lawyers(not all) are just in it for the money and they dont care if they get their 'clients' in moe trouble for the future with somesilly advice. Why do you even need a lawyer? As long as you are patient and can read instructions then you are good! I had a valid B1/B2 visa when we started the CR1/IR1 process and I continued to use it to visit the US until the Immigrant Visa was issued. So your fiancee will be fine to visit until the end of your visa journey. The only thing is that its totally up to the officers at POE to decide whether to let her in or not. Two words: STRONG TIES.

As you point out, STRONG TIES, is not a problem. She has been continually been issued 6 month travel permits for years because of the proof of ties she has to Mexico via work and everything else they have required her to bring in when issuing a permit. That has never been an issue and has never even been questioned when they have issued her travel permits. Plus she has had longtime ties as a translator for the Arizona-Mexico Commission which has exposed her to all manner of scrutiny on its own since she spends a ton of time with government officials from both Mexico and Arizona.

I am getting the impression that they are all out for money. Granted it is their job, but at the same time, I do not think they should be suggesting loophole tactics.