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Tradewind

Can my spouse enter the USA while the CR1 visa is in process.

By Tradewind in IR-1 / CR-1 Spouse Visa Process & Procedures

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Tradewind Enthusiast

Tradewind   6

Posted
Filed: Citizen (pnd) Country: Colombia
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Posted (edited)

I found this in one of the question answer sections: on the miniuses

ball.gif Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.

My wife has a B1/B2 tourist visa. Will the filing stop her from using her tourist visa? Will we be able to interview in the USA?
I realize there is no K3 visa. I am also thinking that AOS may be not the way to go, but still not sure
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Tradewind Enthusiast

Tradewind   6

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Filed: Citizen (pnd) Country: Colombia
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You r wife is free to travel but must be able to show strong ties to home vd her ties to the US. Bring documentation to back up claimed ties.

I am not sure about the strong ties as we already proved that to get a tourist visa.

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Evan11 Contributor

Evan11   0

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Filed: IR-1/CR-1 Visa Country: Canada
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Your situation may be different coming from Columbia, but as a Canadian I had no trouble crossing into the USA to visit my wife, and we're still in process. I believe it's up to the discretion of the POE officer. I brought proof of employment, and a copy of everything I had sent to the USCIS up to that point so I could prove we were legally pursuing immigration.

At the border the officer asked me the purpose of my trip, I said it was to visit my wife. He asked if either of us had filed for each other so I let him know she'd filed for me and that I had a copy of the paperwork should he need to see it. He said that wasn't necessary and waved me through.

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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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She still needs to bring proof of said ties with her when she crosses.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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canadian_wife Grand Master

canadian_wife   1,822

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Filed: Citizen (apr) Country: Canada
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My wife has a B1/B2 tourist visa. Will the filing stop her from using her tourist visa? Will we be able to interview in the USA?
I realize there is no K3 visa. I am also thinking that AOS may be not the way to go, but still not sure

Your wife cannot use her tourist visa to enter the US with intentions of adjusting status. That is visa fraud.

She can visit during the process, but she cannot live or stay if entered as a tourist

good luck

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