Visiting the US while CR-1 in process

[Tumbleweed 0]

My UKC husband has a plane ticket to come to the US for Christmas for two weeks. The ticket was purchased a few months ago, before he became my husband, and before we started the CR-1 process. He came to the US in May earlier this year, then again in October (when we married). So this Christmas trip would be his third time here this year.

We are doing the CR-1 through a lawyer, who has not completed the I-130 yet, as we have no NOA1. Our lawyer has advised that my husband can try to travel to the US, but there is always a risk he will get turned away when he attempts to enter, which would be in Chicago for this upcoming itinerary. I recall having read a few posts on here where people have traveled, but brought letters from their employers, etc., stating that they are obligated to return, etc., and have successfully entered. Which led me to believe that my lawyer was just covering himself, being conservative. He never said there was an actual "rule" about how many times one could enter the US in a certain time period, or if people were not allowed to enter at all during the immigration process. But I've read a few situations here on VJ that suggest it can be done...

However, my question is this: what are the chances of my husband being turned away upon entry into the US? As of this moment, there is nothing yet "in the system" showing that he is going through the I-130 process, although there should be by the time he is scheduled to travel, December 17. He would have a letter from him employer. He has a return ticket for January 2.

And most importantly, if he were to travel, would it in any way hurt the CR-1 process for us in the long run?

Edited November 21, 2010 by Tumbleweed

[RichiJenny 14]

At the end of the day if the CBP officer suspects anything, at all, ever, they have the right to dent entry. However in your case, your husband will enter on the VWP, with a return ticket. He should be fine.

[Tumbleweed 0]

Thank you Its beginning to look a lot like Christmas.......

[Harpa Timsah 13,258]

Get rid of your lawyer! S/he hasn't sent in the I-130 yet? Anyway, good luck and have a nice xmas!

[Nik+Heather 121]

Hey, have you see the FAQ about visiting?

I know it says it's for K-1s, but really, it's useful for anyone who has a relationship with a US citizen because they need to show more proof of ties to their home country. The most important thing I would emphasize is the itinerary which shows the return ticket and anything about his job etc.

On the other hand, the CBP officer's decision is going to be on the preponderance of evidence - for example, one time Nik visited and his printer broke, so he couldn't print out the itinerary (remember how I just said that was most important??) and he still got in with all of his other evidence, like the letter from his boss giving him time off for 2 weeks etc.

Anysway, here it is: visajourney.com/content/k1visit

Good luck!

[canadian_wife 1,822]

The rule that CBP generally go by is if the intending visitor has spent more time in the US than in their home country, the visitor does not have compelling reasons to return, or if the visitor doesn't have ties to their home country - then a denial can occur.

I was denied entry, it did not affect our Cr-1 spousal process at all. I was truthful about it and disclosed it when necessary and it was fine

Good luck - more ties he can have to the UK the easier his crossing will be

[skynaut 29]

Tell him to get all docs that would show he is going back home, like employment letter, lease, etc. This should help.

[JoannaV 174]

He is only visiting for two weeks, and as he works I'm guessing his trips in October and May weren't for that long either. So he should have no problem. Make sure he has his itinerary showing his return ticket, the letter from his employer, and a lease if applicable. The only thing I was ever asked for was the return ticket, and even that not on every trip. I don't think the CR-1 application shows up in their system: they might ask him what his plans are in which case he can tell them about it.

And no, the only way travelling would ever hurt the CR-1 process would be if your husband told the Border official all kinds of lies, and then they found out he had lied.

Edited November 22, 2010 by JoannaV

[Tumbleweed 0]

Thanks for all the response, yall. I am VERY excited about Christmas this year now. For the first time in like, over 40 years

[LotofPatience 65]

Thanks for all the response, yall. I am VERY excited about Christmas this year now. For the first time in like, over 40 years

Hey that's great news, enjoy the vacation

Loto

[Tumbleweed 0]

Hey that's great news, enjoy the vacation

Loto

Thanks, Loto. I am really happy right about now...only 23 days until I get to see him, as opposed to the previous 112 until I go see him...

[Amy and Nick 37]

Oh thats brilliant news Tumbleweed.

Ill just offer my two cents here. Ive been back and forth to the US a LOT! I have been stopped by immigration two times, but they let me through each time. Just thought id tell you a little bit about my experiences, even though i didnt have a pending I-130 at the time, i just raised red flags because I had been so much.

I believe the first time i was stopped was because i was unprepared. The CBP asked me how much money I was travelling with. I assumed he meant how much cash did i have on me, so said $100 (duh!)

Got called into secondary, and was asked every question under the sun, remained calm (tried to!). I was questioned for about 2 hours, quite rudely to be honest about why i felt it necessary to keep coming back, and how i should "get a proper job like everybody else, and quit flitting from place to place". I tried to explain my reasons for visiting, and showed my return ticket, and she found this sufficient and let me through (this was Atlanta by the way)

Second time, didnt get pulled into secondary, but got pulled aside by the guys who check your ticket as you enter (after youve done all the fingerprint business). Reason: two massive suitcases i was clearly struggling with! He took me aside and went through all my bags, but again tried to remain calm, was questioned for about 30mins and he let me go. (This was Denver

Lessons learned:

TAKE MONEY! Dont be an idiot, and pay attention to EXACTLY what they say!

DONT OVERPACK! Raises alarms

On a time note, I will say I made (yet another) mistake in not carrying a properley organised bag as carry on. When I was pulled into secondary I had a camera which had 6 months worth of photos on it, old notebooks, wallet full of old reciepts... im not saying get rid of everything but there was NOTHING remotely of interest in anything she looked at, and it just wasted a whole lot of time and made me panic about the connecting flight!

Dont know if any of this will help, but ill be praying he gets through, and maybe some of my advice will come in handy!

Good luck!

[Done--Really 331]

CBP has a help line that can save your butt. We used it recently to get an "official" interpretation of what might be an issue, and in both cases having an email from them that we gave to CBP at the airport got my fiance (now wife) through even though the agent wanted to stop her.

here was the most recent example: my fiance had a valid B2 visa in an EXPIRED Mexican passport, but was traveling on a valid Costa Rica passport. Now it is easy enough to travel with a valid visa in an expired passport and a valid passport from the same country, but I had asked a CBP agent on a prior trip what he would do if my fiance presented him with her two passports, and he said it would be tricky, and without some OK from his supervisors, he would turn her back. So I decided to try ht help line with all the details and they sent back an email saying it was perfectly within the regulations for her to enter with her passport situation. So on her last trip they gave her a ration of s*** at JFK, and even when she showed the email to the CBP agent, he didn't relent, but he at least called his supervisor who read the email and let her right through.

I had asked about traveling on a CR-1 and was verbally told that it would be OK once we had the NOA1--I am waiting until we have it in hand, and then will go back to the help line and will keep asking the question to get the proper answer--it took two tries in the previous case because I hadn't completely described the problem the first time around.

[pracmac 0]

My husband was returned back home to the U.K because border patrol at the gate said we had already started the paperwork for his permanent residency and therefore he would have to go back to England to wait (of course this was on New Year's Eve last year and I'm guessing they were just "cranky" about having to work and took it out on us). My husband HAD all the docs proving he was planning to go back to the U.K after a 1 month visit.

[Mrs O. 29]

I've travelled to the US several times while I-130 pending and after the approval, I wasnt denied entry. Always truthful about being in the immigration process and my final plans to migrate to the US, but I always explain that each visit is just that, A VISIT. never being asked for further proof, but I always had plenty to show just in case.