IR-1 / CR-1 US Entry Limitiations

[MarvinH 0]

Hello,

A newbie question. After three years of marriage, my wife, a Belarus national, residing in Belarus, says "Well, maybe the US is not so bad and we should look into getting US citizenship." I explained there are a few steps to be overcome before her blue passport looks more like mine. In starting to read all the excellent material on the site, it appears IR-1 / CR-1 route would be better for us, with one exception. The guide page states:

"The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

Could someone expand upon this sentence. She travels to US frequently for business (and holidays). Would her B1/B2 visa become invalid upon starting the IR-1 / CR-1 process? Would the same apply to a K3 process?

TIA,

Marvin

[Brother Hesekiel 2,236]

She should experience no problems in visiting the USA as before, using her B1/B2. However, it's always possible that she encounters a CBP Officer who feels differently.

Luckily, since you guys are married for over 2 years already, she will enter the US as Lawful Permanent Resident once the IR-1 has been issued.

I assume yo do not live with your wife? Otherwise, the DCF would be the better route.

[MarvinH 0]

Thanks Bob,

You are correct in your assumption. Belarus permanent residency status requires 183 day a year presence in Belarus. It is just not feasible.

Am I correct in understanding the cited caution is a discretionary issue which would more likely arise when applying or renewing a B1/B2 visa rather than a fixed rule of no travel to the US permitted?

Marvin