Entering USA on a tourist visa while the CR1 visa application is pending

[j.ismail 0]

Hi Everyone,

First of all, just wanted to say what an invaluable website this is

I'm Johan, I'm Australian and my wife is from Chicago. We are both currently residing in Colombia, South America working as English teachers. We now want to relocate to the states but my wife wants to wait until she gets a job offer before we apply for the visa. Anyways I have a few questions and it will be great if anyone can help us with it:

1. Once we have lodged the I-130, would it be possible for me to enter the US on a tourist visa?

2. Would it be possible to arrange the interview in the US? Or will I have to fly back to Colombia for this?

3. Is it possible to do the whole application process in the states?

4. How long does the process usually takes all up? From what I have read on this website is seems to usually take less than 6 months, but has anyone experience longer processing times?

5. Is it true that police clearances are valid for a year? What are people's experience with this?

Thanks everyone!

Johan

[Harsh_77 718]

Here are the answer to some of your questions:

1. Once we have lodged the I-130, would it be possible for me to enter the US on a tourist visa?

A. No, even right now would the spouse be able to enter on B2 chances are no, when immigration officer know ones the spouse is USC they normally dont let you enter country on other visas.

2. Would it be possible to arrange the interview in the US? Or will I have to fly back to Colombia for this?

A. Normally this would happen at place of your residence, but there are times when you can request it to different consulate.

3. Is it possible to do the whole application process in the states?

A. process can be completed in US but you will have some tought questions when you go for interview as if u entered on B2 - u misrepresented your self and you had full intention of immigration.

4. How long does the process usually takes all up? From what I have read on this website is seems to usually take less than 6 months, but has anyone experience longer processing times?

A. 6 months is good time fram most of the time its done in 6 months.

5. Is it true that police clearances are valid for a year? What are people's experience with this?

A. Yes generally 1 year is good time frame chances are if its older then year consulate will ask you to get a current clearance.

[Mrs O. 29]

1. Once we have lodged the I-130, would it be possible for me to enter the US on a tourist visa?

If you are going as a tourist and you intend to return, and you have evidence to prove this, then you can 'attempt' there is no guarantee you will be let in at the port of entry. If you enter on a tourist visa with intent to immigrate it is visa fraud

Edited January 14, 2011 by Mrs O.

[j.ismail 0]

Hi guys,

Thanks for the answers.

So it seems that it's a better idea for her to go to the states first and then apply for the CR1 visa while I stay here in Colombia. However, does that mean that I won't be able to visit her in states at all while the visa is processing?

Thanks,

Johan

[Mrs O. 29]

As mentioned earlier you can attempt a visit but there is no guarantee of entry.You have to satisfy the officer at POE that you have intention of returning. I have visited my husband a number of times in US since we started this CR1 journey and thankfully I have had no problems.

[Gosha.Bee 1]

As mentioned earlier you can attempt a visit but there is no guarantee of entry.You have to satisfy the officer at POE that you have intention of returning. I have visited my husband a number of times in US since we started this CR1 journey and thankfully I have had no problems.

May I ask how you managed to convince them? How did you prove your intention of returning?

[Mrs O. 29]

May I ask how you managed to convince them? How did you prove your intention of returning?

I have to say my case has been one of the exceptions rather than the norm. When I get to the officer as usual they will ask the purpose of the trip and how long one is staying. My answer has always been "To visit my husband and I'll be staying for the next..." 1 week or 2weeks as the case may be. I think once I have been asked if I have started the immigration process and I said yes, the other times no further questions were asked . At no time have I been asked to show evidence that I will be returning to Ireland. Although at all times I had documents to show IF they had asked: Return ticket, letter from employer, docs to show I own a home back home etc.

HAVING SAID THAT, this is just MY OWN EXPERIENCE. I have read several times on this forum of people being questioned and grilled for hours before being let through , and of some being turned back at the port of entry .

I will end again saying there is NO GUARANTEE.

[Amy and Nick 37]

I think the biggest issue here is that B2 (i think thats right?) tourist visa applications are more often than not denied.

However, if you enter on the Visa Waiver Program, according to VJ its about a 50/50 chance youll be allowed in. As long as you can show ties to your home country, you would usually be allowed to enter! Can you use VWP?

[Used to be broken 147]

Hi guys,

Thanks for the answers.

So it seems that it's a better idea for her to go to the states first and then apply for the CR1 visa while I stay here in Colombia. However, does that mean that I won't be able to visit her in states at all while the visa is processing?

Thanks,

Johan

If I read correctly you are both living in Columbia now and are employed there. Why not file for Consular processing and stay together there until your VISA is ready?

[j.ismail 0]

If I read correctly you are both living in Columbia now and are employed there. Why not file for Consular processing and stay together there until your VISA is ready?

Hi Brokenfamily,

That could be a good idea. At first we thought I could enter the US on a WVP for 3 months while the visa is processing, but now that we know it takes about 6 months to process, we might consider staying here until the VISA is ready.

Cheers,

Jo

[giamimigio 21]

Here are the answer to some of your questions:

1. Once we have lodged the I-130, would it be possible for me to enter the US on a tourist visa?

A. No, even right now would the spouse be able to enter on B2 chances are no, when immigration officer know ones the spouse is USC they normally dont let you enter country on other visas.

this is 100% correct. i tried getting my wife a tourist visa TWICE and both times the interview abruptly ended after the consul found out she was married to a u.s. citizen.

[Mrs O. 29]

Hi Brokenfamily,

That could be a good idea. At first we thought I could enter the US on a WVP for 3 months while the visa is processing, but now that we know it takes about 6 months to process, we might consider staying here until the VISA is ready.

Cheers,

Jo

Just to prepare your mind it could take longer than 6 months, the USCIS stage alone is avergaing 5 months now. You still have the NVC and embassy stages after that.

[Mrs O. 29]

this is 100% correct. i tried getting my wife a tourist visa TWICE and both times the interview abruptly ended after the consul found out she was married to a u.s. citizen.

Well, there is no harm in trying. I currently have dual citizenship, one non-VWP country and one VWP country. Before I got my Irish citizenship and after marrying a US citizen I still applied for a B1/B2 visa on my non-vwp passport and I got it, and yes I told the officer that interviewed me that the purpose of the visa is to visit my husband. She asked whether I was planning to immigrate eventually I answered yes but that I wanted to be able to visit pending the outcome. She asked for evidence to show ties to Ireland in the mean time and I showed I still have my job, own a property and other business interests and she approved the tourist visa. I got my VWP passport after that but I dont even use it when travelling to the US because from what I heard travelling on a tourist visa grants you more rights at POE than the Visa Waiver Program.

Just my own story...

[keysjangle 145]

I think the biggest issue here is that B2 (i think thats right?) tourist visa applications are more often than not denied.

However, if you enter on the Visa Waiver Program, according to VJ its about a 50/50 chance youll be allowed in. As long as you can show ties to your home country, you would usually be allowed to enter! Can you use VWP?

From Toronto, Canada, I've been able to get into the U.S. on a B2 twice out of two times I needed one (for 2 month summer visits). Here's the basic run down of what happened (my case is a little different, but hopefully it provides some hope )

BP: What is your purpose for the visit?

Me: Visiting my boyfriend for the summer

BP: How did you meet?

Me: On the internet

BP: What does he do?

Me: He's in the US Navy

BP: Is he active duty?

Me: Yes, active shore duty (meaning he's not on a boat)

BP: Do you go to school?

Me: Yes, U of T St. George full time

And that's pretty much all it would take for the B2. I guess it depends on the officer as well. I even had one crack a few Navy jokes with me which actually made things more awkward, but I laughed when he laughed and was fine. I was never asked to prove I go to school either time as well, only to show my travel itinerary (BP: Who booked your flight? Me: My mother - we use her Aeroplan miles to fly me, so her name is on the transaction while mine is on the tickets) They just stamped my passport with the B2 and that was that.

I'll be in the same boat as you once my CR-1 gets started, so I'm thinking of everything possible that will tie me back to home. Good luck to anyone in the spot

[giamimigio 21]

Well, there is no harm in trying. I currently have dual citizenship, one non-VWP country and one VWP country. Before I got my Irish citizenship and after marrying a US citizen I still applied for a B1/B2 visa on my non-vwp passport and I got it, and yes I told the officer that interviewed me that the purpose of the visa is to visit my husband. She asked whether I was planning to immigrate eventually I answered yes but that I wanted to be able to visit pending the outcome. She asked for evidence to show ties to Ireland in the mean time and I showed I still have my job, own a property and other business interests and she approved the tourist visa. I got my VWP passport after that but I dont even use it when travelling to the US because from what I heard travelling on a tourist visa grants you more rights at POE than the Visa Waiver Program.

Just my own story...

well it actually harmed my wallet as it cost me $200 each time for trying.