traveling during CR-1 process

[wls 0]

My husband (UKC) and I (USC) are filing for a CR-1. I am pregnant and wanted to know if it would be an issue for my husband to visit me in the states during the process? I know he would probably have to show proof of returning to the UK so that wouldnt be an issue...we can get that. I want him there for the birth of our child.

Thanks!!!

[ali.bobby 0]

My husband (UKC) and I (USC) are filing for a CR-1. I am pregnant and wanted to know if it would be an issue for my husband to visit me in the states during the process? I know he would probably have to show proof of returning to the UK so that wouldnt be an issue...we can get that. I want him there for the birth of our child.

Thanks!!!

I'm in exactly the same situation (applying for CR-1) and have travelled out to see my wife in California on three occasions under the VWP in between filing the forms and getting my interview appointment. Most times they didn't ask anything, but last time they did a "soft secondary questioning" where they wanted to know more about me and went through my bags. However they believed my story that I was returning after a week, they were very polite about it, and they let me through after a bit.

I think that as long as your husband has a credible reason for returning to the UK, then he'll be fine. I'd advise to take some supporting documentation (I normally take proof of a return ticket, and something else like a letter from a boss or a tenancy agreement for where I'm living), just to be on the safe side, but I've never been asked to show anything.

All the best,

Bobby

[wls 0]

Thank you!!! That is great news to hear!!!

Waynetta

[wls 0]

One more question Bobby,

Did you tell them when they questioned you that you applied and were waiting for a visa/green card?

Thanks,

Waynetta

[Nik+Heather 121]

Most of the time for UKers on VWP it is no issue. I agree, take documentation showing that he will return - letter noting dates of leave and when expected back is a good one.

We also found that the NOA1 for our K1 petition was very good - Some people say that you should not mention that you want to stay in the US because you will get denied for immigrant intent - but basically, if there is proof of your immigrant intent before you enter and you try to adjust status from VWP, you will have a heck of a time getting it to go through anyway, so I think they'd be more inclined to let you in.

At least, when we showed our NOA1, that was the last thing (after itinerary and letter from supervisor about vacation dates) - and they started stamping his admittance right away, so I always tell people to bring their proof that the process has started.

[ali.bobby 0]

One more question Bobby,

Did you tell them when they questioned you that you applied and were waiting for a visa/green card?

Thanks,

Waynetta

Last time, yes, we made it clear that I was only there for a week because I had my interview at the US Embassy the week after I got back, and that it was for a permanent residence visa. The immigration official was quite helpful, and actually gave me some advice on what to do when I return to the US with the visa. Here's what he told me, in case it's useful.

I'll get taken aside, they take a pack that I get given along with the visa, and also my chest x-ray from the medical, and then send off an application for my green card. In the meantime, I retain my passport, and can enter/leave the country whenever I want with the stamp in it that the Embassy provides.

This was at San Francisco Airport (SFO).

All the best,

Bobby

Edited September 18, 2009 by ali.bobby

[wls 0]

Thank you!!!!