Can my husband travel to US while in process for Spouse Visa

[soncrazed 1]

My husband has a tourist visa and we are currently in the process for him for a spousal visa. We are only lacking one more form (unable to get because of the technical issues) and then we should be ready for the medical/interview. Can he travel to the US right now without an issue or would they stop us because we are in the process of changing to a different form of visa? Just curious. Please inform me if you know. Thanks!

[mallafri76 1,012]

He is allowed to travel on a tourist visa, as long as his intent is to visit and then go back home. Whether he's allowed in or not depends on whether the CBP officer believes that your foreign spouse have immigrant intent or not, when he's arriving with his tourist visa. Since you're almost at the interview stage, I take it he has sent in the DS-260 with his passport details?

I have personally not had any issues while travelling under the VWP, either before or after we started the visa process. I have traveled once after submitting the DS-260, which is also the only time that CBP has mentioned me being in the visa process. I have previously spoken to a CBP supervisor about travelling under the VWP during the visa process and he told me that CBP cannot see if a person has a petition filed on their behalf or not. They can't see this until the actually visa application (e.g. DS-260) is submitted. Which kind of makes sense, since that's the time the foreigner actually submits their passport details.

Make sure your husband brings lots of ties to his home country, such as a letter from his employer and mortgage/rental agreement on a home. Good luck!

Edited June 19, 2015 by mallafri76

[mallafri76 1,012]

By the way, here's a link to a thread about visiting the US during the visa process:

http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/

[juanchopancho 5]

My wife tried to get a tourist visa to come and visit me. They denied her the visa because she mentioned we were doing the CR-1.

They approved her mom who went to the interview at the same time then my wife cried.

Edited June 25, 2015 by juanchopancho