Visiting on B1 while CR1 in admin processing

[kb9 6]

Hi all,

I'm married to a USC and my CR1 visa has been pending in admin processing since 8 months. I have a B1/B2 visa which has validity from 2009-2019, and on which I made 3 visits to US in 2009, 2010, 2011.

Given that there is no "end date" for admin processing, can I use my B1 visa to visit the US for personal or work reasons? Obviously, I'll show proof that my B1 visit is temporary since I still have a job, apartment, financial assets where I live abroad.

Based on checking other forum posts, I know that you cannot apply for a B1 while an immigrant visa is in process. But since I already have a B1 (with no record of overstaying), am I allowed to use it?

Thanks for your help.

[Hypnos 6,576]

You can both apply for and (attempt to) use a B-1 / B-2 visa to enter the US for a temporary visit whilst your immigrant visa is still processing.

You may need to demonstrate significant ties to your home country, and proof that you will not simply remain and file for AoS but will actually depart at the end of your period of authorised stay.

[Penguin_ie 5,993]

You are allowed to use it, but CBP at the border always has final say; with a immigration visa in AP, chances are quite high they will turn you back.

[defdef 0]

Penguin - most posts I've found so far on this site indicate the opposite, that chances are quite high that you will be fine but that ultimately there is no guarantee and it depends on the PoE CBP. I guess my question is, what do you mean by "chances are quite high"?

[Penguin_ie 5,993]

CBP would be afraid that if you enter the USA, you will never leave- you clearly have immigrant intent, and they would think you may stay in case you get turned down after AP. I don't actually know. have seen many people on here who travelled on a tourist visa during AP... during the visa process itself, yes, and that is usually no problem.

[Boiler 45,488]

It would be likely to delay AP.

[defdef 0]

Gotchya, specifically being in administrative processing poses the problem. Thanks for answering my follow up.

[Harsh_77 718]

Hi all,

I'm married to a USC and my CR1 visa has been pending in admin processing since 8 months. I have a B1/B2 visa which has validity from 2009-2019, and on which I made 3 visits to US in 2009, 2010, 2011.

Given that there is no "end date" for admin processing, can I use my B1 visa to visit the US for personal or work reasons? Obviously, I'll show proof that my B1 visit is temporary since I still have a job, apartment, financial assets where I live abroad.

Based on checking other forum posts, I know that you cannot apply for a B1 while an immigrant visa is in process. But since I already have a B1 (with no record of overstaying), am I allowed to use it?

Thanks for your help.

Yes you can travel, as long as you can prove to the CBP officer you would not overstay and your visit is not a sham, you can travel on your B1/2

The notion of one cannot apply for B1/2 while CR1 is in process is wrong as well, as long as one can prove they really need the B1/2, mainly B1 Consulate will grant B1.

I can tell you from my personal experience, I was granted B1 while CR1 was in process.