CR-1 Visa Process and active Tourist Visa

[Kanenas 0]

Last week I got married to my Fiance (now wife) while she was visiting me in the U.S for the Easter holidays. She already has a Tourist Visa which will expire in about 2 years.

She currently lives overseas and she has her own business however she is planning to move with me once her CR-1 Visa is approved. I am planning to start the Visa process next week

On the plus side she needs a few months to decide what she is going to do with her business overseas so staying overseas for 5-6 months is not going to be a problem.

My concern is if for any reason the CR-1 gets delayed will she be able to visit me with her "active" tourist Visa or it could be canceled for starting the CR-1

process? I believe she can stay up to 6 months on a tourist visa before she has any issues.

Thanks

Kanenas

[Harsh_77 716]

She can try, but its not a guranteed entry.

Once you start the CR1 process, entry on the B1/2 is upto the CBP officer to let your wife in coutry or not.

How long does she stay in country if granted entry can also vary, not guranteed 6 months.

Its upto CBP officer he can grant her entry anywhere from one week to six months(max)

[tooduhri 0]

many people have succeeded though. make sure she has enough documents with her to make a strong case that shows she's going back to her country. just for your information, the consulate or embassy cancels any active non-immigrant visa upon issuing you a new immigrant visa. they give you a big fat "canceled" stamp on that visa. I almost got a heart attack because I thought they put that stamp on my CR-1

[celinayfran 2]

many people have succeeded though. make sure she has enough documents with her to make a strong case that shows she's going back to her country. just for your information, the consulate or embassy cancels any active non-immigrant visa upon issuing you a new immigrant visa. they give you a big fat "canceled" stamp on that visa. I almost got a heart attack because I thought they put that stamp on my CR-1

Agreed. TECHNICALLY she can enter on a valid tourist visa but again, it is up to the officer. A pending Immigrant visa makes it questionable if she plans to return. She should be prepared to show strong ties to her country...evidence of her business would be good.