To visit US during immigration process

[Believ 2]

Hello everyone,

Does anyone know whether the beneficiary can visit US while she is waiting for the immigration process (CR-1)? She has already the turist visa.

Thank you!

[lost_at_sea 995]

Yep.

Applies to CR-1 too:

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

[Believ 2]

Thank you Diamond Member!

We called to USCIS another day and the attendent said that she couldn't visit, but I have read somewhere and it said yes, so I got confused.

Our process has been taking so long, we got the NOA1 in April 19th and we are still waiting for the NOA2, it's been almost 8 months. Do you have any recommendation to speed up our process, since you case went pretty fast?

This is why we are planning to visit, because of this long wait!

[Jaymaxx44 1]

Yes, of course.

[bdrew612 1,071]

I met with an attorney last month about this. He said that yes, a beneficiary can visit, but there is a chance they can be denied entry (this is bascially up to the discretion of the customs agent's mood that day) due to a pending immigration application (I have no idea how the border person would even know there's a pending application, unless they ask - in which case, don't lie!). The attorney I spoke with recommended that when my husband visits he bring proof that he is just visiting and has no plans to stay (bring his return ticket info, a letter from his employer that he's returning to work on xxxx date, financial obligations back home). My husband is in England, so he is visiting on VWP, so he does not need to apply for a visitor's visa.

Also, just as an added measure, my husband went to the US Embassy in London to make sure he can visit. He said they ran his passport and because he's not violated the VWP in the past, he should be good to go (I have no idea if they 'marked' his passport into a computer system lol). Perhaps we're being overly cautious, but it's better to have too much information than not enough!

I hope my long winded answer is helpful!

[Juan Bravo 14]

I met with an attorney last month about this. He said that yes, a beneficiary can visit, but there is a chance they can be denied entry (this is bascially up to the discretion of the customs agent's mood that day) due to a pending immigration application (I have no idea how the border person would even know there's a pending application, unless they ask - in which case, don't lie!). The attorney I spoke with recommended that when my husband visits he bring proof that he is just visiting and has no plans to stay (bring his return ticket info, a letter from his employer that he's returning to work on xxxx date, financial obligations back home). My husband is in England, so he is visiting on VWP, so he does not need to apply for a visitor's visa.

Also, just as an added measure, my husband went to the US Embassy in London to make sure he can visit. He said they ran his passport and because he's not violated the VWP in the past, he should be good to go (I have no idea if they 'marked' his passport into a computer system lol). Perhaps we're being overly cautious, but it's better to have too much information than not enough!

I hope my long winded answer is helpful!

bdrew612,

I got the exact same advice as you. If they even suspect that you may overstay the visit they can deny you entry or if they feel you'll stay. Period. I've written on another post about this but on of my friends was married in Germany and his wife was coming to visit during the CR-1 process and had VWP... she made the mistake of bringing some things from home like her wedding album and other personal effects but related to the house...for when the process was finalized she would have less things to ship or carry... when asked by the immigration officer she told them she was indeed in the process of CR-1 ... they then searched her things and they put her on the next plane back (at her expense). She was in Germany for a week ... she obtained all the necessary documents to prove she was not staying in the USA and this time the immigration officer did not ask her a thing. Just went straight thru... no questions asked at all.

So basically my lawyer said yes you can definitely travel but make sure you have documents and letter (like your employer) that state you are going back. Have return flight receipts ready also. AND EVEN THEN... it is up to the discretion of the officer and they can deny you entry at any time. It is the luck of the draw who you get! But remember, if asked, always be truthful about your CR-1