Is my wife allowed to visit the U.S. durring the CR-1 visa process?

[ine 1]

I'm trying to find out if my wife is allowed to visit me in the U.S. from Norway during the processing of her visa. I've been combing through the forums here and from what I can understand she can visit as long as she brings strong ties to her home country showing she will be returning and just visiting me. According to what I've found, she can be denied entry at the border, but it is pretty unlikely as long as she shows strong ties and only if asked. Also, the BP agents wouldn't know that she is in the process of getting the visa unless she tells them. Am I correct in all this?

I just spoke to USCIS who referred me to Department of State who referred me to Border Patrol, and they told me that is "advisable not to visit the U.S. durring a pending visa because since you are making your intentions known the officer at the port of entry may think you are trying to circumvent the system." She didn't say that it is not allowed just "not advisable". I guess this falls under if the agents at the port of entry know about your case or not.

Personally, from what I've read here, I don't think we have any worries. What do you guys think?

[YuAndDan 153]

Is a FAQ, yes, however, may need to show the POE evidence that will not overstay and return home.

http://www.visajourney.com/faq/k1k2visa-application.html#4.6 (Says Fiancee, but equally applies to spouse.)

[Boiler 45,531]

It is normal to visit, I did.

[Carol & Tim 4]

I visisted my husband last january and I'm still waiting for the process. You wont have problems, the officer asked me lots of question but let me go in. Be confident,it works! My husband also wrote me a letter saying I was just visiting and not staying.

[Harsh_77 718]

As ppl have said on here some are allowed in some are returned from POE - as long as your spouse is ready to be turned away from POE you are fine.

There is no penalty or anything against your ongoing petition, but in genral it is not advisable. Depending on what stage your appliation is in officer at POE might be able to see your application.

[tea4two 0]

My husband visited me (and I have travelled to the UK) while we are waiting on the CR-1 process. He has a job, a mortgage and plenty of other ties to the UK. He brought plenty of evidence with him just in case - leave slip from work, bank statements, as well as our NOA1/2 to demonstrate we are following procedure, etc. - but was never questioned at immigration. It may have helped that he and I were only visiting for a couple weeks at a time, and it had been about 6 months since he was last in the States for a visit. I think if you have "extended" visits planned (like 89 days out of the 90 allowed for VWP) or it has only been a short time between visits, it will raise flags, but it should not be a problem.

We were prepared that he might be denied entry, but it ended up being a non-issue.

[ine 1]

Thanks for all the quick replies everyone, it helped alot!

[redsnap 13]

Thanks for all the quick replies everyone, it helped alot!

I'm also using the VWP and thought about visiting the US during my pending visa process. But after talking to the US consulate in Austria I decided against it. They said they had some cases that were declined at the border (although they had evidences of bonds to home country -at least that's what the consulate said-) and it turned me off big time. I think it really depends who you will talk to at the border and in what mood the person is in. I once had a rather unpleasant experience at the border and either I had a bad day or this lady, but I ended up being grilled for half an hour and it was really stressful (I wasn't married at this time, just visiting my -at that time- boyfriend). I had to show my cash, credit card, had to answer all sort of questions about my parents...

I guess I'm a burnt child... We decided that he should visit me and avoid this... But I hope everything will be smooth for you and keep in mind that there is certain amount of risk...

[bigbigblake 2]

We were going to have my wife visit me, but after calling about 8 different departments and then finally the actual office and Pembina, they finally said it was definitely "not advised" and that we are welcome to try, but plan on being denied and act accordingly.

Financially it didn't make sense to plan a vacation on the thought that you would be turned around at the border.

I'm still going to try and visit her soon, but those guards in Canada don't like me much!

Hopefully NVC moves fast!

[Ashley&John 0]

We were going to have my wife visit me, but after calling about 8 different departments and then finally the actual office and Pembina, they finally said it was definitely "not advised" and that we are welcome to try, but plan on being denied and act accordingly.

Financially it didn't make sense to plan a vacation on the thought that you would be turned around at the border.

I'm still going to try and visit her soon, but those guards in Canada don't like me much!

Hopefully NVC moves fast!

I cross to visit my hubby in Ohio quite often, I bring as much proof as possible that I am returning to Canada and that after all the time and money I've put into my CR visa I do not want to risk messing it up by overstaying. The last argument is usually what seems to convince border patrol to let me cross. The other thing that might help my case is that I usually borrow my parents car and drive that across the border, which border patrol advised me to do. I haven't been refused entry yet but almost every time I cross the Windsor/Detroit bridge I get pulled into customs.

I guess I'm not risking as much as someone coming from Norway or elsewhere, I just loose my toll fare and visiting time with my husband, I don't have to pay $$$$ for flights and other major travel expenses.

[bigbigblake 2]

I cross to visit my hubby in Ohio quite often, I bring as much proof as possible that I am returning to Canada and that after all the time and money I've put into my CR visa I do not want to risk messing it up by overstaying. The last argument is usually what seems to convince border patrol to let me cross. The other thing that might help my case is that I usually borrow my parents car and drive that across the border, which border patrol advised me to do. I haven't been refused entry yet but almost every time I cross the Windsor/Detroit bridge I get pulled into customs.

I guess I'm not risking as much as someone coming from Norway or elsewhere, I just loose my toll fare and visiting time with my husband, I don't have to pay $$$$ for flights and other major travel expenses.

I'm in Texas, so while it isn't that far of a drive for her to the border, we have to plan a plane ride for me to meet her and help drive down. Way cheaper then flying all the way to Winnipeg to help drive. It shouldn't be long now though hopefully.

[lbjr 0]

I'm trying to find out if my wife is allowed to visit me in the U.S. from Norway during the processing of her visa. I've been combing through the forums here and from what I can understand she can visit as long as she brings strong ties to her home country showing she will be returning and just visiting me. According to what I've found, she can be denied entry at the border, but it is pretty unlikely as long as she shows strong ties and only if asked. Also, the BP agents wouldn't know that she is in the process of getting the visa unless she tells them. Am I correct in all this?

I just spoke to USCIS who referred me to Department of State who referred me to Border Patrol, and they told me that is "advisable not to visit the U.S. durring a pending visa because since you are making your intentions known the officer at the port of entry may think you are trying to circumvent the system." She didn't say that it is not allowed just "not advisable". I guess this falls under if the agents at the port of entry know about your case or not.

Personally, from what I've read here, I don't think we have any worries. What do you guys think?

I have visited my husband (boyfriend at the time) over the course of 5 years a handful of times, and during one of my visits, he proposed and we got married. We then filed for the I-130, I returned home and visited twice during the I-130, and I'm currently visiting him now. Our I-130 was approved two weeks ago. Each and every time I went through customs, I had no problems. I did not lie, did not say more than I needed to unless asked, and they never asked for ties (but I had them handy along with NOA1).

It has been very easy for me to visit (maybe due to my history of entries and exits) I'm not sure.

The last entry, the CBP officer asked me:

Where are you going? "Visiting my husband and in-laws in Boston to drive to Lake Placid, NY"

What do you have in the box? "Baby clothes for my brother-in-law who is expecting in June"

I was confident in my answers and the CBP officer was very friendly and had a smile on his face the entire time (he also looked like Thorny from Super Troopers!)

I hope that eases your mind a bit. Good luck with everything

Edited April 27, 2011 by lbjr

[brettdresseur 0]

It can be a roll of the dice. My hubby visited me here, but at the time he was an officer on a ship which was working to the states and Central America, so either way he was going to be here. Everyone on the ship has to go through customs at the port of entry and he said that this time the officer asked him more in depth questions because of our pending I-130. His exact words were, "As many times as I have been to the states, I have never had an immigration interview like that." So, just tell her to show strong ties to her country and expect the immigration officers to be more "interested" in her travel arrangements. There will still always be the possibility of being turned away at the border, but as long as you show strong ties, the cards should be in your favor.