visiting my husband

[inloveVEN 46]

Harsh,

If I am not wrong you have recently got a B1 visa based on your employment right. You have the plans to visit the U.S before the Consulate interview of your immigrant visa, right? Do you think that would be an issue at POE? You have solid ground at POE.

Loto

Hi

a "a B1 visa based on your employment" i am not sure about it, sorry to bother you, can you give a little more detail?. maybe i dont understand what you want to say. B1 visa as far as i understand is for business proposal

Edited August 18, 2010 by inloveVEN

[LotofPatience 65]

Hi

a "a B1 visa based on your employment" i am not sure about it, sorry to bother you, can you give a little more detail?. maybe i dont understand what you want to say. B1 visa as far as i understand y for business proposal

B1 is the visitor visa for business. For example, IT professionals will have to travel between the company in their country and the branch in the U.S to implement the projects or attend the meetings etc. To do this, the company in their country will arrange B1 visa to their employees and it is called "visit for business".

Other option is intra-company transfer using L1 visa. But it is for slightly longer term like H1 visa.

Loto

[Brian&Mel 0]

Brian & Mel, Glad to know that you could use your visit visa while I-130 was pending. Did you apply visit visa, after I-130 filing?

Kaashparinda, yes, I would recommend "Consular post" IR1/CR1 as well, rather than coming here while I-130 is pending and do AOS. However, there is an exception even after waiving the rights signed on VWP. If AOS is filed within 90 days period of VWP, USCIS cannot deport or remove the person based on the 7th circuit of U.S Court Appeal and it is LEGAL. It is always good to know all the legal stuff, huh? To enter the U.S in VWP, one must clearly demonstrate the tie up (there are many ways) in their home country with return ticket. You're right - never say visiting husband/wife.

Harsh, please let us know your experience after visiting the U.S in B2 visa.

If anybody has any questions, please let me know. I may answer based on my knowledge and in LEGAL way.

Loto

I had my B2 visa before we were married and filed the I-130. On top of that I had visited US twice before I entered US while our paperwork was pending.

[Dan J 277]

Thanks for quick response. I live in the UK, and my new husband is a US citizen and lives there. We recently got married over in the US, but I had to return to the UK straight after our honeymoon inorder to sell my house. My husband posted the I-130 form yesterday 08/16/10. I've herd conflicting things about what is legal as regards going to visit him during the visa progress. I first herd that I could go for 30 days then I had to leave the country, but could go back for another 30 days, then I was told if we pay $300 I can stay with him for 6 months. Do you know what is legal? Thankyou

You can visit under the Visa Waiver Program while your CR-1/IR-1 visa is in process. However, you need to show intent to return such as hold property, job, or family. If you intent to visit, it might not be a good idea to sell your house until after you have the CR-1/IR-1 visa.

[discotrash 0]

I went to visit my wife in the US while my application was pending. I brought a bunch of papers proving that i was willing to come back to france (paper from my job, etc....), so they don t think i m trying to stay in the us illegaly till i get my green card. Turns out that they just ask me a few questions at custom, without looking at any of my papers (except my return ticket)

I think you can do it without being in any trouble...

[Harsh_77 718]

Harsh,

If I am not wrong you have recently got a B1 visa based on your employment right. You have the plans to visit the U.S before the Consulate interview of your immigrant visa, right? Do you think that would be an issue at POE? You have solid ground at POE.

Loto

Hi, you are right, but I was told by CO at embassy that it can be considered as a dual intent and officer on POE can refuse me an entry.

So she did advice me to take all my work related documents and immigration related documents with me and let the officer know at POE that I am not intending to immigrate or do AOS in this visit.

[Writer 0]

Hi all,

I have he similar case and I checked with local embassy and they have told me:

1) If I apply for visitor visa now, after being married to US citizen, it is like a tiny chance that I will get it, cause yes, I am a potential immigrant.

2) I have a B1/B2 visa which expires in few months, and if I try to use it now, I might still have problems at the port of entry cause: if I say visitng frieds, I am lying and I am official married in US. if I say visiting husband on B1/B2, well, guess what they'll say.

So, in my case I am not going anywhere until I get my CR1, whenevr that's gonna be. Miss him a lot, but it whether him coming here, or us both patiently waiting. I think it's not worth the risk.

[*Snowdrop* 604]

I was in exactly your position OP. I am from the UK my husband is from the US - I visited about 4-5 times under the VWP after we sent in the visa application.

I ALWAYS said I was visiting my husband and I always had a selection of 'evidence' of my return - letter from work, lease agreement etc

I was NEVER asked for any of the evidence and I never had any problems at the border. They usually just asked to see my return ticket and asked how long I was staying. The visa was never mentioned. The fact that I was visiting my husband was never commented on.

If you're coming from the UK under the VWP and you have a clean history of visiting without overstaying you are very unlikely to have a problem.

[Harpa Timsah 13,258]

Harpa Timsah,

That's the general law. But, if the person already arrived in the U.S, he/she can do the AOS based on the I-130 petition. In VWP, if he/she has to do it within 90 days time. USCIS cannot challenge the person based on the 7th circuit of U.S court of appeals.

Your signature itself shows that you are doing AOS when your husband is in B2 visa (non-immigrant visa).

Loto

Yes, I do know about AOS since that is what we did, as one can see plainly from my signature. And everything I said is true. What you are suggesting that this person get to the US somehow by lying and then file for AOS. That is not good and could lead to a denial, and since she would come on VWP, she would have no right to appeal the decision. Since you think that AOS is longer than CR-1, it tells me you aren't familiar with it. I won't get into an argument with you about the semantics of intent because I don't think you will listen.

Back to her question, can she travel here while CR-1 is pending.

[inloveVEN 46]

B1 is the visitor visa for business. For example, IT professionals will have to travel between the company in their country and the branch in the U.S to implement the projects or attend the meetings etc. To do this, the company in their country will arrange B1 visa to their employees and it is called "visit for business".

Other option is intra-company transfer using L1 visa. But it is for slightly longer term like H1 visa.

Loto

Thanks Loto

[LotofPatience 65]

Yes, I do know about AOS since that is what we did, as one can see plainly from my signature. And everything I said is true. What you are suggesting that this person get to the US somehow by lying and then file for AOS. That is not good and could lead to a denial, and since she would come on VWP, she would have no right to appeal the decision. Since you think that AOS is longer than CR-1, it tells me you aren't familiar with it. I won't get into an argument with you about the semantics of intent because I don't think you will listen.

Back to her question, can she travel here while CR-1 is pending.

Your statements are totally contradictory, based on what you are talking and what you did. You yourself did AOS from a B2 visa and telling there is no right to appeal. Isn't it hypocritical?

Check out just the above poster (Isma) from U.K, what he did. Isma plainly told at POE she is going to visit her husband under VWP while her immigrant visa was pending. Also, check out all other posters here how they arrived the U.S before making a statement here.

Your quote - "since she would come on VWP, she would have no right to appeal the decision". Of course, there is right to appeal under the 7th circuit of U.S courts appeals. If you are not familiar with it, please read it.

Loto

[LotofPatience 65]

Thanks Loto

Thanks inloveVEN! Harsh has confirmed he has B1 visa while immigrant visa is pending and he is visiting the U.S before Consulate interview. His concern is the issue at POE. Based on all the above posters' experience, he would 99% have no issues since he has a solid gound of business visit.

Loto

Thanks Brian&Mel, Dan+Gemvita, discotrash, Harsh, Writer and Isma for your valid points!

Loto

[BobandXiaomei 14]

I'm guessing that the country of orgin has a lot to do with it. I know that asking for a visitor's visa from China with a CR1/CR2 pending were just laughed at (in 2004). UK? Others here have posted from their own experiences that it was not a problem.

Best of Luck to the two of you!

[LotofPatience 65]

I'm guessing that the country of orgin has a lot to do with it. I know that asking for a visitor's visa from China with a CR1/CR2 pending were just laughed at (in 2004). UK? Others here have posted from their own experiences that it was not a problem.

Best of Luck to the two of you!

That's very true, BobandXiaomei!

The OP is from U.K, one of the less fraud countries. And she has clear intention to visit her husband and go back to London to sell her house. She doesn't want to overstay in the U.S. In fact, her intention was to return within 30 days, though she can legally be here upto 90 days under VWP.

Loto

[Harpa Timsah 13,258]

Your statements are totally contradictory, based on what you are talking and what you did. You yourself did AOS from a B2 visa and telling there is no right to appeal. Isn't it hypocritical?

Check out just the above poster (Isma) from U.K, what he did. Isma plainly told at POE she is going to visit her husband under VWP while her immigrant visa was pending. Also, check out all other posters here how they arrived the U.S before making a statement here.

Your quote - "since she would come on VWP, she would have no right to appeal the decision". Of course, there is right to appeal under the 7th circuit of U.S courts appeals. If you are not familiar with it, please read it.

Loto

Ah, I knew you wouldn't listen. And no, it's not hypcritical. You are not listening to me and being hostile. This will be my last comment with you, but I will respond because I don't want bad information out there.

First of all, we had no intent to immigrate, and were not married when my husband entered the country. You are suggesting that this person, already married, come here on a Visa Waiver with intent to immigrate and lie to the immigration officer and file AOS. Bad move.

Secondly, a person with a B-2 visa DOES have a right to appeal, but a person who comes on Visa Waiver does not. They are not the same. Appeals didn't matter with us because we were totally honest and changed plans and got married.

Read, for instance, this:

http://www.nytimes.com/2010/05/15/nyregion/15visa.html?_r=1&scp=1&sq=visa%20waiver%20program&st=cse

You have already made someone else angry in this thread alone. I know you are trying to help, but I don't pretend to know about CR-1 visa, and I don't know why you are trying to advise on AOS. What you are advising (lying at the POE) is illegal. Isma never lied and always went back until her CR-1 paperwork was finished.

To other posters, excuse my tone here.

Edited August 18, 2010 by Harpa Timsah