Visting US during the process

[canadianlaura 0]

Hello, I am new to this and I just had a question about visiting by hubby. We married in January 08 and we sent the license away to get the certificate back (still haven't recieved it, but that's another story). We married in Canada, but my husband has two years of school left in in US and I would like to be there with him. I am also going to get a teaching degree there if that is possible. I am looking at the IR-1/CR-1 spouse visa option. My understanding is that the entire process takes approximately a year? Is this true? If so, am i allowed to visit him at all during the process???? I will probably be working so it would be easier for me to visit him more often than it will be for him to visit me since he wil be in school and working a part-time job.

Visiting the US is also a concern because we have booked our honeymoon (a cruise out of Vancover, BC, but we fly from detroit to seattle) for the end of july/beginning of August. We are also going to be in the US for about a week following that because we are going to have a reception in his home town in Minnesota. My question is, will they not let me enter the US if we have started the immigration process? Should I therefore wait until late August to file the I-130? Someone told me on the K-3 forum that u are allowed to visit the US while the I-130 is being processed, but how can I judge whether it will have gone through by the time we go on our honeymoon?

Thanks in advance for your help!

Edited March 30, 2008 by canadianlaura

[MrsCat 6]

Hi Laura,

I don't know much about filing for a student visa, maybe someone else on here will have some info. Sounds like you may be filing your I-130, which would make your visa a CR-1/IR-1 visa, unless you decide to go the K-3 route. If your husband is in Minnesota, and are pursuing a stand-alone I-130 application you need to send the completed forms to the appropriate Chicago Lockbox listed on USCIS' website.

It seems that USCIS is taking 6 months or so to complete their end of things. Add on the wait at NVC (national visa centre) and you might be looking at a one year wait. Some people are done a little quicker and some are done a little slower. Personally, I wouldn't wait to file the I-130 until after your honeymoon to file. Canadians are in a somewhat fortunate position that our trips to the US are rarely denied. I've made 6 trips to the US since we filed, and I've never been denied entry.

I guess you just need to decide what visa route you are going to pursue - student/CR-1/K-3.

I am sure other people will help you figure out which visa route would be to your benefit.

[canadianlaura 0]

Thanks for the reply, especially the info on visiting the US. I'm pretty sure that if I go in on a student visa it's considered visa fraud because I'm married to an American. I really wish the process didn't take so long!

[Todd-Leah 0]

Below is the reply I got from the US embassy in Malaysia regarding visiting the US with a pending I-130.

Thank you for your inquiry regarding traveling to the United States on a B1/B2 visa while waiting for your I-130 petition to be processed.

Yes, you may travel on the B1/B2 visa to the United States. However, please be careful to not overstay. If you accidentally overstay on the tourist visa, you may face serious complications in processing your immigrant visa.

Regards,

U.S. Embassy – Kuala Lumpur

Visa Unit

>>Hello,

>>I am a Malaysian woman married to a US citizen.

>>My husband had returned to the States last year and he just filed the I-130 petition in March 2008.

>>I have a 10 years B1/B2 visa that valid till 2014.

>>Can I travel to the US to visit my husband while the I-130 is pending?