Visiting USA on B1/B2 while currently doing I-130 CR-1 / IR-1

[Ryan H. 0]

My wife and I just received NOA1 and are undergoing the I-130 process for IR-1 visa. She currently has a B2 visa and wishes to visit next month to attend a wedding. Can she visit me on her tourist visa and what are the risks of this? Is her B2 cancelled after we start the IR-1 process? Thanks in advance.

[canadian_wife 1,822]

After you submitted your I-130 you indicated that your wife intends to immigrate to the US. This can be a problem entering into the US and the immigration agents are within their rights to deny your wife entry, regardless if she has been issued a B-2 visa. She'll need to bring substantial ties to her home country; a return ticket, a job that she is going back to, bank accounts, a lease from an apt., utility bills etc. She'll likely also have to produce the original wedding invite (I had to when I traveled even BEFORE we submitted the I-130).

It is possible that she can come see you but it's also possible she'll be denied entry.

[franklie 0]

My wife and I just received NOA1 and are undergoing the I-130 process for IR-1 visa. She currently has a B2 visa and wishes to visit next month to attend a wedding. Can she visit me on her tourist visa and what are the risks of this? Is her B2 cancelled after we start the IR-1 process? Thanks in advance.

Please review this recent thread:

http://www.visajourney.com/forums/index.php?showtopic=149176

I believe all your questions will be answered there.

[waitingpaidoff 0]

Of course she can visit US. She is not coming to live here as you have filed her I-130!

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.

[katiushka 1]

i traveled to the states 3 times after starting the K1 process. i never lied to the PoE officers, always said i am visiting my boyfriend, and never got any problem

once i had my interview at the embassy and they stamped the K1 visa, the tourist one was stamped "void without prejudice" (or something like that...) after that i could not use it anymore.

K.

[Ryan H. 0]

Hi, I'm Ryan's wife and I wanted to thank you all for the information it was very valuable. To keep on track with this I wanted to share my experience:

I went to the U.S. (MIA) and it was completely easy, actually the officer took only couple minutes with me while he was taking more with others. He only asked me if I was traveling alone(I said the truth that I was meeting friends from high school), what I do in my country for a living, and what I plan to do. I think it helped I went there before, and that I arrange a Hotel and the amount of money I brought. In conclusion they didn't even ask me my marital status. So I recommend few things: First be very relaxed(I think there are officers around looking attitude), then talk only the necessary, bring enough money lets say 2000$, arrange a hotel, as a plus I brought papers that tie me to my country(I didn't even had to show them), like my bank account ticket, the contracts I have for my religious wedding in June, a work letter, and a letter from your partner promising support and ensuring that you are going back to your country.

As I said it was a big decision, I took the challenge and it was so easy. So just do it, with enough resources as the ones I listed before, of course there is a big risk cause it depends on the officer, but if you look tranquil, you have gone there before, arrange a hotel, have a profession and bring enough money I think that helps a lot.

I wish you the best if you are in a similar situation. Is worth to take the risk.

Edited October 18, 2008 by Ryan H.