Travel to U.S. while IR-1/CR-1 in Process

[MsZ 6]

cmnb, considering the number of people who require co-sponsors, I think it is foolish not to consider economics. A lot of people want things but can't afford them. And if you can't afford to get turned around, essentially paying for a trip for nothing, you shouldn't consider trying to enter the US while a petition is pending. That's just reality.

[Completely 3]

Hello All:

Been a while. As you can tell, I've already been (successfully) through the K-3 process with my wife. Although I know quite a bit about the process and the result AOS, I have a question that I really don't know much about, because it did not apply to us.

I have a friend in Colombia (actually a girl who had a lot to do with my wife and I getting married) that needs some information. Here are the facts:

1) She is Colombian.

2) She married an American in July, 2008.

3) She remains in Colombia and he is back in the U.S.

4) They have filed for an IR-1/CR-1 visa.

5) She has a valid tourist visa for the U.S.

6) She has traveled to the U.S. many times (in fact, she met her husband while here). All 3 of her sisters lives in the U.S., two married to Americans and the other a student at a university.

She would like to use her tourist visa to return to the U.S. for a visit - to see her new husband and to visit her sister in Miami. However, she is worried that this MIGHT adversely impact (e.g., delay, etc.) her IR-1/CR-1 visa. She also understands that she will need to return to Colombia for the visa interview.

I've looked at many of the posts to the forum and tried to do a search, but most of the cases I've seen relates to folks who were visiting the U.S. on a tourist visa and married an American while he or she was here....and now wants a visa. I couldn't find a case that is similar to this one....but I swear I've seen something about this before on this board.

Can anyone give me some guidance on this? I'd really like to help my friend, since she did so much to help me and my wife.

Thanks so much,

Hi,

If they have already filed IR-1/CR-1 visa, the tourist visa will be automatically be invalid because of the ongoing petition.. Even if she has travelled to the US many times, if she did process the petition, her tourist will be invalid.

This is based on my experience.. I was granted for a 10 years visit visa when we applied for IR-1/CR-1 visa.. They told me that I can not enter the US till I have my petition approved, they need to terminate my visit visa for IR-1/CR-1 visa. I have waited only for2 months, and my IR-1/CR-1 visa got approved, they put the IR-1/CR-1 visa in the passport.

Hope this helps..

Mike

Edited September 8, 2008 by Completely

[metavisa 0]

Hi there! I went through the exact same situation with my husband. I was the US citizen-petitioner- and my husband was in Colombia, we filed for CR1. He had a tourist visa well before we met. Since he had to come to the USA for work meetings while our case was in process, we didn't have a choice but to try.. (I must admit we were nervous at first... but nothing out of the ordinary happened)...he came at least 8 times to Houston before our case was completed by NVC. At POE he did not mention at all he was visiting his wife or if he had a wife (I also live in Houston). He just said he was either on tourist purposes or for a meeting. He stayed about 1 week at a time. This is our xperience, I hope this helps and she doesn't have any inconveniences. Thanks.

[jedinite 0]

There's no law that says she cannot enter the US under the conditions you describe. However it is up to the officer at the point of entry to decide if she can enter or not.

She should have proof that she's going to return home.

- Return ticket

- letter from her job expecting her back on a certain date

- rent or mortgage statements

- utility statements

- auto payments and the like

If an officer questions her, she wants to be able to convince them she's going to leave.

The question is, can she afford to be turned away and to change her return flight? If she can, then go for it. If she cannot, then it is an economic consideration, not an immigration one. You'd think that 3 lawyers would have been able to provide this advice but it is clear that lawyers are fairly clueless.

MsZ hit the nail on the head with her reply. I just returned from a visit to the US to see my wife. I was quite worried that I would not be able to go surprise her for our one year anniversary but I brought significant proof that I was returning to Canada.

What the officer said to me was that there's no rules against visiting your spouse in the US. He then asked me a few questions while checking my paperwork, I believe one was a trick question.

He asked, what if your visa was approved tomorrow what would you do? I replied, that I had a (work) contract up on Canada and I would have to honor the remainder of my contract. I would also have to tie up my affairs in Canada too so that I could move down to the US. So I wouldn't just stay down there. That was my honest answer and I think that's what he needed to hear because had I said something like, "oh then I guess I would just stay there with my wife..." then it would prove that I did not have any real ties to Canada or at least none that would make me want to return.

Whatever the case may be your spouse can visit you. If you have a visa in process they can see that when they pull up her file at the point of entry and that may also help since they know your I-130 has been approved and you're basically on the home stretch. Even if your I-130 has no been approved, the fact that you have a visa in process shows that you both are going through legal process of immigrating. But make sure that your wife shows significant proof that she will return to her home country. Good luck

[franklie 0]

Hi there! I went through the exact same situation with my husband. I was the US citizen-petitioner- and my husband was in Colombia, we filed for CR1. He had a tourist visa well before we met. Since he had to come to the USA for work meetings while our case was in process, we didn't have a choice but to try.. (I must admit we were nervous at first... but nothing out of the ordinary happened)...he came at least 8 times to Houston before our case was completed by NVC. At POE he did not mention at all he was visiting his wife or if he had a wife (I also live in Houston). He just said he was either on tourist purposes or for a meeting. He stayed about 1 week at a time. This is our xperience, I hope this helps and she doesn't have any inconveniences. Thanks.

My experience so far is similar to MetaVisa.

My wife, as we wait for the IR-1 visa process to move ahead and then terminate, carries a copy of a letter of employment, a copy of her rental agreement, and a copy of the NOA1 and later the NOA2. The purpose of the documentation is to show that she has ties to her home country and that she is doing things legitimately if she is asked.

At the POE when asked why she is here she states that she is either visiting friends (which I am) or going shopping (which she definitely does). She does get questioned on occasion about the frequency of her visits to the US; she only visits 3-4 times a week. (I know - cry me a river...)

[Brian&Mel 0]

Hey there...

I entered with my tourist visa while my I-130 is pending. The POE officer didn't even asked for my return ticket or my pending I-130.

I don't think it will delay your IR/CR1 visa as mine was approved aproximately 2 months after my arrival. And I am still in the USA all this while. I will return to Malaysia next month for my interview.

Good luck!

did u tell them that u r going to be with ur husband?? did the officer ask u the purpose of ur visit?

My husband was with me. The POE officer has been really nice and polite.

[waitingpaidoff 0]

So many people visit US while their Immigration file is pending (i.e. I-130). It is legal to visit US and leave the country within time frame stamped on your passport. As long as you're honest and doing what you suppose to do (Visit your friends & family in US and go back to your home country).

Check out this US Embassy in Tokyo FAQ's Link.

http://tokyo.usembassy.gov/e/visa/tvisa-iv...q.html#thirteen

Can I travel to the U.S. while my application for an immigrant visa is being processed?

If you intend to take up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the U.S., you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the U.S. to which you intend to return at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a Japanese residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend to abandon your residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

[cmnb 0]

So many people visit US while their Immigration file is pending (i.e. I-130). It is legal to visit US and leave the country within time frame stamped on your passport. As long as you're honest and doing what you suppose to do (Visit your friends & family in US and go back to your home country).

Check out this US Embassy in Tokyo FAQ's Link.

http://tokyo.usembassy.gov/e/visa/tvisa-iv...q.html#thirteen

Can I travel to the U.S. while my application for an immigrant visa is being processed?

If you intend to take up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the U.S., you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the U.S. to which you intend to return at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a Japanese residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend to abandon your residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

thank you for sharing this valuable info from a trusted source. can you please post the link again, i am getting a page cannot be displayed.

[waitingpaidoff 0]

Tokyo Embassy Link:

http://tokyo.usembassy.gov/e/visa/tvisa-iv...q.html#thirteen

or try this

http://tokyo.usembassy.gov/e/visa/tvisa-ivspousefaq.html

Edited September 10, 2008 by waitingforever