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tawinder

Visit US while CR1 / IR1 visa in progress?

By tawinder in India

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tawinder Apprentice

tawinder   0

Posted
Filed: Country: India
 Timeline
Posted

Has anyone here had a case where the beneficiary from India was able to visit the US while their CR1 (or even K1) visa paperwork was still in process?

I know some people have been able to do it but they were all from countries that offer VWP. Just wanted to know whether it's worth trying or not.

7/24/2012 - I-130 sent to Chicago lockbox
7/27/2012 - NOA1 via text/email - Case forwarded to VSC.
8/01/2012 - NOA1 received in mail
3/06/2013 - NOA2 received text

3/18/2013 - NVC received case (no case # yet)
4/01/2013 - NVC Case# & IIN number received
4/01/2013 - DS-3032 Generated
4/01/2013 - DS-3032 Sent (via email)
4/01/2013 - AOS fee invoiced
4/01/2013 - AOS fee paid (but shows "in process")
4/03/2013 - AOS packet sent
4/04/2013 - AOS received @ NVC
4/05/2013 - AOS fee shows as paid
4/09/2013 - IV fee invoiced
4/09/2013 - IV fee paid (but shows "in process")
4/10/2013 - IV packet sent
4/11/2013 - IV packet received @ NVC
4/17/2013 - AOS package accepted - False checklist for IV package generated
4/23/2013 - Case Complete

5/01/2013 - Interview date received

6/12/2013 - Interview Scheduled-- APPROVED!

6/28/3013 - POE - Atlanta

DVV Explorer

DVV   5

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Even i had the same doubt and did some research before, and came to know ( from one of other forums ) that even though you get the visiting visa my embassy, they might stop you in port of entry. Not sure how far this is true. Eager to know if that is really possible.

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USCIS - California service center

09/17/12 --- I-130 sent to Phoenix mail box
09/20/12 --- NOA1 recieved via e-mail (CSC)
09/27/12 --- NOA1 hardcopy received
01/24/13 --- Called USCIS customer care and found that case was transferred to Local USCIS office (never got notice of it)
03/18/13 --- Submitted E-request as the petition is officially 180 days beyond
03/18/13 --- Tier2 ISO told the petition is at NBC.
04/01/13 --- We received email confirmation abt the E-request that we put in 2 weeks earlier
04/04/13 --- Went for infopass appointment at local office and they approved my petition and sent it to NBC
04/08/13 --- Received NOA2 today (date of NOA2 is 04/04/2013).

NVC Process

04/18/13 --- Called NVC for case number, they told that they got file on 04/15 asked us to call back of 20 business days
04/23/13 --- Called NVC and got the Case number and invoice identification number.

04/24/13 --- Sent DS-3032 by email.

04/29/13 --- Got AOS Fee email from NVC,

04/30/13 --- AOS Fee payment done online.

05/01/13 --- Send AOS documents packet by Fedex.

05/03/13 --- AOS Packet reached NVC.

05/06/13 --- Got Immigrant Visa Application Fee Bill Invoice email from NVC.

05/07/13 --- Packet IV Fee payment done online.

05/08/13 --- Send Packet IV documents by Fedex.

05/10/13 --- Packet IV reached NVC.

06/10/13 --- Got checklist email for i-864.

06/11/13 --- Corrected i-864 reached NVC.

07/01/13 --- Got new checklist again from NVC, but it was mentioned that we meet the min requirement to schedule an interivew, so asked us to

get the corrected i-864 to interview.

07/08/13 --- Got Case Completion email. ( Case completetion date at NVC is 06/28 ).

07/31/13 --- Interview date scheduled on 09/03.

Penguin_ie Grand Master

Penguin_ie   5,995

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Does the beneficiary already have a tourist visa?

If yes, then they will likely be let is. If no, getting a new tourist visa when an immigrant visa is in progress is difficult but not impossible. If you have the money, apply- a denial will not affect the CR-1 process.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

catknit Rising Star

catknit   144

Posted
Filed: Lift. Cond. (pnd) Country: India
 Timeline
Posted

You would need to have an uncommonly strong case to return to India to be approved for a tourist visa while a CR1/IR1 is in progress.

The #1 thing you need prove in a B1/B2 interview is that you have no intent to immigrate. Well, filing for a CR1/IR1 without a doubt proves you have the intent to immigrate - that's the whole goal of that specific petition/visa application process.

If you have a great travel history, including going to the US in the past within the terms of your visa/I94, large sums of money, a stellar job, etc - it is possible, it's just not likely. There is no harm in trying though - a day of time and a couple hundred dollars may pan out in the visa but I, personally, wouldn't bet on it.

sonineni Collaborator

sonineni   8

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

I am from India and beneficiary too....I also thought about visiting my husband during i130 process in when it is in USCIS...

I made research about this and came to know that there is no law against travelling to USA while CR1 is in process...and many people from European countries visited their partners while their case is still in the process...but i did not saw people from our country.....

We also contacted attorney about this and he told that it is theoritically okay but practically there is no guarantee that they allow , It all depends on CBP officers at customs...

I feel it is a risk by hearing this because i saw people deporting for simple reasons when i went to USA... ...so i didn't try ...I am sorry to tell u...

Has anyone here had a case where the beneficiary from India was able to visit the US while their CR1 (or even K1) visa paperwork was still in process?

I know some people have been able to do it but they were all from countries that offer VWP. Just wanted to know whether it's worth trying or not.

US consulate :Bombay.
29th January 2012:marriage
9th April 2012: i130 sent.
17th April 2012: NOA1 received...
13th December 2012:NOA2 received......
08th January 2013: Case number assigned by NVC
08th January 2013: paid AOS and IV bills.
28th January 2013: Sent AOS and IV packages to NVC..
20th February 2013: NVC sent checklist about our PCC ....
25th February 2013: We responded to checklist.
26th February 2013:Case completed....
4rth April 2013: Interview date...
Interview result: Approved

06th June 2013 : Reached USA

29th june 2013: Received conditional greencard...

14th March 2015: I-751 package sent to VSC.

18th March 2015: USPS delivered my package.

22 nd September: Approved for Permanent Residence Card.

25th July: NOA1 for N-400.

RR136 Contributor

RR136   5

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Has anyone here had a case where the beneficiary from India was able to visit the US while their CR1 (or even K1) visa paperwork was still in process?

I know some people have been able to do it but they were all from countries that offer VWP. Just wanted to know whether it's worth trying or not.

Its easier if beneficiary has the valid tourist visa already,if not they will likely reject it while CR1 in progress.

  • 3 weeks later...
GLOB Newbie

GLOB   2

Posted
Filed: Timeline
Posted

If the beneficiary already has a B1/B2 there is absolutely no problem at the POE. I have a B1/B2 from 2005 and I visited the US numerous times in the past few years. A petition was filed last year for me for IR1 and after the petition was filed, I made 4 separate visits and each time at the POE I clearly told them that a petition is pending and the officers were very friendly and gave me 6 months I-94 stamping during each visit. Two of these four visits were for vacation and the other two visits for combined business and vacation.

 
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