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

[scotlandmd 0]

HI Johan,

I hope that you are doing well.

In regards to your first question, you are allowed to travel to the US as a visitor while your application is pending. I have travelled 3 times since filing my application and in each case my lawyer has advised me to carry a letter from him stating the nature of my trip and my intended date of departure.

But as my lawyer has always said, be prepared if they deny you entry. But in my experience I have had no problems with this issue.

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

[Darnell 8,478]

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

Please review the DCF GUIDE here at VJ - suggest SHE file the I-130 IN Colombia, and NOT to Chicago.

(my apologies if someone already mentioned this)

Once you've made the time to read the DCF guide -

please make some time to refactor 'the plan'.

DCF rocks ! (if you know what yer doing, are fore-warned and fore-armed)

---

some silly nomenclature -

--interview in USA without prior 'status' - wow - that's an AOS interview, resulting in 2 year greencard, used to be really easy to adjust status from a VWP country if not married when first residing in the USA - but - yer married - so this option won't even apply to you.

--interview in Colombia - results in an immigration VISA, a CR-1 or IR-1, depending on the length of the marriage at interview day. Is no such thing as 'visa interview in USA', ever. all visa interviews are performed outside the USA.

--wife not need to go to USA to file at all - she can file in Bogota at the US Embassy (highly recommended ! ) or send it off to the Chicago Lockbox address (I not recommend this, IF she qualifies for DCF filing)

--wife MUST PROVE UP 'proof of USA domicile' on interview day, regardless if filing I-130 to Chicago (normal, slow way) or if filing I-130 to US Embassy Bogota (DCF, faster way) since she's been living outside of the USA for some time.

Edited January 18, 2011 by Darnell