Spouse Traveling to US during Process

[MoralesC2152008 0]

So when I was doing my research initially I thought I came across information stating that my husband would not be able to travel to the US during the CR-1 process but I cannot remember where I found the information. Is there anyone who could let me know for sure whether my husband would be able to come and visit me in the states on a tourist visa or does he have to wait for the process to be completed to enter the US??

I am currently in Colombia with him but am trying to decide whether I should pay the extra airline fees to stay with him longer not knowing when we will see each other again or whether to go home and have him come visit if possible.

Thanks

Ashley

[MsZ 6]

He can try to come but the final say is left to the discretion of the border guard. So they say that it is best to try to come via an airport that pre-clears so that if you are turned away, you didn't waste the time/money.

He would need to have strong ties to his home country -- letter from boss saying when he's expected back, pay stubs, mortgage bills, utility bills, etc.

There's just no guarantee, which is the real bummer. Uncertainty is expensive.

[DerZinker 4]

That is a great question that I would love to know the answer to also.

Ashley, did you just file your I-130 for the CR-1 visa? I'm curious as to how long it's taking right now.

Thats the very thing thats keeping me from filing the I-130 right away. We married in mexico back in January of '06.

So the idea is to do our BIG wedding in Mexico in July (we never actually had the cermony, just the 'legal marriage') and then she and our son would come up to live with me at the very beginning of August. But we'd like to be able to visit back and fourth in the meantime. I'm thinking that I will wait it out and get her here using her I-94 (Which is good for 9 more years) in August and then file the I-130 right after she gets here.

That visa doesn't guarantee much, but at least we'd be able to be together while the I-130 is processing (I hope )

Has anyone actually heard of someone being denied permission to enter at an Airport? I think I would lose it.

[MoralesC2152008 0]

He can try to come but the final say is left to the discretion of the border guard. So they say that it is best to try to come via an airport that pre-clears so that if you are turned away, you didn't waste the time/money.

He would need to have strong ties to his home country -- letter from boss saying when he's expected back, pay stubs, mortgage bills, utility bills, etc.

There's just no guarantee, which is the real bummer. Uncertainty is expensive.

Thanks for the info!

[MoralesC2152008 0]

That is a great question that I would love to know the answer to also.

Ashley, did you just file your I-130 for the CR-1 visa? I'm curious as to how long it's taking right now.

Thats the very thing thats keeping me from filing the I-130 right away. We married in mexico back in January of '06.

So the idea is to do our BIG wedding in Mexico in July (we never actually had the cermony, just the 'legal marriage') and then she and our son would come up to live with me at the very beginning of August. But we'd like to be able to visit back and fourth in the meantime. I'm thinking that I will wait it out and get her here using her I-94 (Which is good for 9 more years) in August and then file the I-130 right after she gets here.

That visa doesn't guarantee much, but at least we'd be able to be together while the I-130 is processing (I hope )

Has anyone actually heard of someone being denied permission to enter at an Airport? I think I would lose it.

Actually everything is just about ready and we are planning to send things within the next couple of days. So I am hoping that things will process as quickly as possible.

My husband and I just had a civil ceremony here in Colombia in mid- Feb and then we are going to have another ceremony at home with my family and friends. Right now we are just trying to figure out what we are going to do in the mean time. I was planning on staying here in Colombia for another couple of months but we just found out that it will cost over 1200 US dolars for me to change my ticket and then I have to pay a fee to stay longer here. So my dilema is go home, get a new job and not know when I am going to see him next until the process is over or pay the airline fee and stay longer. Thats why I asked the question.....

What is an I-94 visa? I am not to familar with all the different ones.

And I have never heard of someone being denied entry but you really never know now adays. I think I would have the same reaction you would. I mean we are trying to do things legally so what harms is a temporary visit as long as my husband would return to Colombia when he is supposed to.

Thanks for your post

Ashley

[Amastar 0]

I dont know how different Columbia is from Japan but my wife is planning a visit to America next month on the VWP(Visa Waiver Program).

I mailed her I-130 petition off in December.

We are taking a big risk because she doesn't really have any ties to Japan. She lives with her parents and isn't working because she is pregnant.

Still... we are praying that the officer will be nice that day and let her in.

Ticket prices right now are crazy expensive but still she wants to try.

If you want I will update next month and let you know if she was able to get in or not.

[soccoach 0]

Hey folks,

There is very little chance of getting to the US on a visitor's visa while a K-1 or K-3 is in progress. The question will come up at the interview, and the counsel will deny the visa if you say yes. If you say no and then are discovered at the point of entry, they will be turned away and the K-1 or K-3 will be in jeopardy. It is a BIG risk.

Without proof of income one, will need to find a co-sponsor. You have to submit that you are gainfully employed or have substantial assets.

The I-94 is a document stapled inside the Passport attached to the entry visa. It is needed to process the Adjustment of Status later on.

The Visa Waiver Program is under intense scrutiny right now. It is the most misused visa and documents are being checked. If it is found that the visitor is married to a US citizen or that there is a K-1 or K-3 visa application pending, it is unlikely that they will be admitted.

People are turned away at the point of entry every day. You are required to purchase a ticket at the prevailing cost and go home.

Here are some specifics from the USCIS website for the VWP. They also apply for a visitor's visa:

Nationals of VWP countries must meet the conditions noted in the section above (Which travelers may use the Visa Waiver Program to enter the United States?) in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;

Wants to work or study in the United States, wants to come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;

Does not have a machine-readable passport (MRP) issued or renewed/extended before 10/26/05, or is unable to meet other requirements outlined above for passports issued on or after October 26, 2005 or October 26, 2006.

Intends to travel by private aircraft or other non-signatory air or sea carriers to the United States;

Has been refused a visa or admission to the United States before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.); or

Has a criminal record or other condition making them ineligible for a visa (see Classes of Aliens Ineligible for Visas ).

I hope this info helps. I've been there.

Soccoach

[Brian&Mel 0]

So when I was doing my research initially I thought I came across information stating that my husband would not be able to travel to the US during the CR-1 process but I cannot remember where I found the information. Is there anyone who could let me know for sure whether my husband would be able to come and visit me in the states on a tourist visa or does he have to wait for the process to be completed to enter the US??

I am currently in Colombia with him but am trying to decide whether I should pay the extra airline fees to stay with him longer not knowing when we will see each other again or whether to go home and have him come visit if possible.

Thanks

Ashley

You haven't mentioned what his visa status is. If he currently has a valid visa it is legal for him to enter the US, however it is not required that he be admitted. This is a judgement call on the part of the agent at the POE; so if he has a valid visa then yes he can enter but no guarantee (and this is what makes it so nerve racking!) I would bring lots of evidence showing that he has very good reasons for returning to Colombia within the time allowed by his visa (usually six months on a B2.) Return travel, rental contract, letter from employer expecting him back to work, whatever you can think of to show that he has "strong ties" to Columbia.

If you travel back with him, be very careful about answering the questions at the POE. It's not "his residence" it's "where he will be staying while he is visiting." And any question about "adjustment of status" or similar changes to his visa should be met with "we have filed an I-130 petition and will work within that process." <sigh>

If he does not have a visa, then there is probably (can't say for sure as I'm not a lawyer ) no chance of him getting one while the I-130 is making it's way through the system.

good luck

Brian

[Brian&Mel 0]

Hey folks,

There is very little chance of getting to the US on a visitor's visa while a K-1 or K-3 is in progress. The question will come up at the interview, and the counsel will deny the visa if you say yes. If you say no and then are discovered at the point of entry, they will be turned away and the K-1 or K-3 will be in jeopardy. It is a BIG risk.

Without proof of income one, will need to find a co-sponsor. You have to submit that you are gainfully employed or have substantial assets.

The I-94 is a document stapled inside the Passport attached to the entry visa. It is needed to process the Adjustment of Status later on.

The Visa Waiver Program is under intense scrutiny right now. It is the most misused visa and documents are being checked. If it is found that the visitor is married to a US citizen or that there is a K-1 or K-3 visa application pending, it is unlikely that they will be admitted.

People are turned away at the point of entry every day. You are required to purchase a ticket at the prevailing cost and go home.

Here are some specifics from the USCIS website for the VWP. They also apply for a visitor's visa:

Nationals of VWP countries must meet the conditions noted in the section above (Which travelers may use the Visa Waiver Program to enter the United States?) in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;

Wants to work or study in the United States, wants to come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;

Does not have a machine-readable passport (MRP) issued or renewed/extended before 10/26/05, or is unable to meet other requirements outlined above for passports issued on or after October 26, 2005 or October 26, 2006.

Intends to travel by private aircraft or other non-signatory air or sea carriers to the United States;

Has been refused a visa or admission to the United States before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.); or

Has a criminal record or other condition making them ineligible for a visa (see Classes of Aliens Ineligible for Visas ).

I hope this info helps. I've been there.

Soccoach

Umm. where to start.

"There is very little chance of getting to the US on a visitor's visa while a K-1 or K-3 is in progress."A CR-1/AR-1 is based on an I-130 petition. A K-1/K-3 is based on an I-129F petition. Two very different processes.

"Without proof of income one, will need to find a co-sponsor. You have to submit that you are gainfully employed or have substantial assets."

That is presented at the cousular interview and is not required as a visitor to the US.

"The I-94 is a document stapled inside the Passport attached to the entry visa. It is needed to process the Adjustment of Status later on."

If a petition for a CR-1 has been filed, Adjustment of Status is not required. Stating an intention to enter the country and do an AOS is a very good way of making sure one goes back on the same airplane they flew in on.

The Visa Waiver Program is under intense scrutiny right now.

Here are some specifics from the USCIS website for the VWP. They also apply for a visitor's visa:

The Visa Waver Program is the Visa Waver Program and does not apply to a B2 visa. Columbia is not part or the visa waver program.

They are on the I-130 path to a CR-1 so perhaps we should confine our comments to what is useful to them.

People are turned away at the point of entry every day. You are required to purchase a ticket at the prevailing cost and go home.

I really wish there was something I could disagree with here but unfortunately there isn't.

regards,

Brian

[GabiandVi 34]

I've asked a similar question and I've read quite a few threads about this. So far, in none of those threads has anyone related an instance when a beneficiary of a petition (k-1, k-3, cr-1 or ir-1) has been turned back at POE with a valid non-immigrant visa or on the vwp due to that petition. That doesn't mean it has never happened, just that I, personally, have not read any first-hand accounts of it happening.

As for the final decision being at the discretion of the officer at the POE, the same is true even when there is no petition pending. It is always up to the officer at the POE to decide whether or not to admit the visitor. There seems to be general consensus that when a petition is pending, the officer is more dubious, and I accept the general wisdom on this. However, it seems counter-intuitive to me. If a person has a petition pending, they are already on the road to legal immigration. Why would they immigrate illegally at that point? It doesn't make sense. If I were the one making the decision, I would see a pending petition as more proof that the visitor intends to follow all rules and regulations so as not to jeopardize the petition. Apparently, though, that is not how DHS sees it.

My husband has never attempted to use his B-2 visa while a petition has been pending. (He was granted it after we were married and partly beceause we were married and he had a legal way to immigrate so was considered less of a risk.) The first time he went through, we were traveling together. I was allowed to go in the same line as him at passport control. He was taken to another room where he was asked two or three questions, and then we were sent on our way. The second time he was traveling by himself. I had written a letter to explain our situation. (I was home on maternity leave and he was joining us so he could escort me and child back to China.) He had no problem at passport control, but was held up at customs. (Purely random search and not related to his status though it took a lot of explanation on my part to make him understand that. He was totally insulted. I told him to suck it up.)

I don't know if it will make any difference, but you might want to write a letter for your spouse to present if questions start being asked. The fact that she is pregnant might cause problems. How far along is she? If she is due at a time that falls within her allowed 90 days, they might think she is coming to give birth and then will want to stay. They may think she will want to stay to give birth anyway. I don't know.

Good luck.

Sorry about the pregnant remarks. I was mixing you up with someone else, apparently. Anyway, good luck.

Edited March 22, 2008 by GabiandVi

[Jeetyetkidd 0]

We just had an issue like this coming back from our honeymoon cruise. After the process is started your tourist visa is no longer good because you are not entering as a tourist but one that intends to stay long term (permanent resident). As we found out from customs in Miami, you need a Parole to travel letter for him to travel back and forth. It takes 30-90 days to receive the letter. The form needed is the I-131 and I-485 (?) adjustment of status if not already filed. If in doubt...as your local immigration office. We have to wait to submit everything because the I 130 was sent in IAW the guidline on this site and it was only half of the process we were supposed to do. Now we need to wait for the I-130 check to be cashed in order to get the case number to put on the I-485 form. Wish we knew this earlier. Would have saved us a lot of time and heartache with customs.

There is a chance of him being allowed in depending on the customs agent, but also a chance to be denied and deported. I wouldn't take the chance if I were you. Just my two cents.

[mariaslk 0]

Hi everyone

I just returned to the UK today from a visit to the US whilst our I-130 is pending. I had no problems at all going through border control, thankfully! This was my second visit since filing our petition. They only asked who I was visiting and when I was last in the US. They also asked if I applying for a visa and told them yes and that it's taking forever. PHEW!

[GabiandVi 34]

We just had an issue like this coming back from our honeymoon cruise. After the process is started your tourist visa is no longer good because you are not entering as a tourist but one that intends to stay long term (permanent resident). As we found out from customs in Miami, you need a Parole to travel letter for him to travel back and forth. It takes 30-90 days to receive the letter. The form needed is the I-131 and I-485 (?) adjustment of status if not already filed. If in doubt...as your local immigration office. We have to wait to submit everything because the I 130 was sent in IAW the guidline on this site and it was only half of the process we were supposed to do. Now we need to wait for the I-130 check to be cashed in order to get the case number to put on the I-485 form. Wish we knew this earlier. Would have saved us a lot of time and heartache with customs.

There is a chance of him being allowed in depending on the customs agent, but also a chance to be denied and deported. I wouldn't take the chance if I were you. Just my two cents.

This hasn't seemed to have been the case for a number of VJrs. I read your original post as well, and it seemed that your wife was able to get through on her B-2 with an admonition by the immigration officer. Another poster on your thread stated something about cruises being a problem, though that poster also got through. Perhaps the immigration officers at ports of entry that normally don't deal with lots of foreign passport holders, such as cruise ports, are unsure what to do when they are faced with one where there is also a petition pending. It would be good if anyone was actually turned back due to there being a petition pending would post their stories here. I've still yet to read an account of that happening. I'm sure it probably has, but I've only read accounts of people in that situation being allowed to enter.

[carterlovej 0]

My husband has traveled to the US 3 times since we married and submitted our 1-130 petition. His last visit was 2 weeks ago. Ironically, the petition was approved during his visit here! However, Spain is part of the Visa Waiver Program, so no special visa was required for entry into the United States. He made sure he brought along strong ties to his home country (his apartment least, job contract, his daughter's child support contract, Large international computer company employee badge, copy of return ticket, copy of the ticket I purchased to visit him in April, etc.) He didn't have to use any of it at the border. Entry was via Chicago O'Hare.

[MoralesC2152008 0]

I dont know how different Columbia is from Japan but my wife is planning a visit to America next month on the VWP(Visa Waiver Program).

I mailed her I-130 petition off in December.

We are taking a big risk because she doesn't really have any ties to Japan. She lives with her parents and isn't working because she is pregnant.

Still... we are praying that the officer will be nice that day and let her in.

Ticket prices right now are crazy expensive but still she wants to try.

If you want I will update next month and let you know if she was able to get in or not.

That would be great! Thanks!