CR-1 beneficiary on a Tourist B2 visa -- Seattle-Vancouver Commute

[Groogrux108 14]

This post mixes a couple of visa types information.

I am a USC living in Brazil and moving to Seattle in February/2016.

My wife is Brazilian and I will apply for her CR-1.

Currently, this is the plan:

1 - We travel to Seattle on her Tourist Visa, and as soon as I rent a place and land a job I apply for her CR-1.

2 - She stays for the full length of 6 months, and we don't apply for a renewal since it will probably be denied because of the pending CR-1 application.

3 - Instead of her going back to Brazil, she moves to Vancouver, Canada, only 200km away. So that way we could be together every weekend.

3.1 - Assuming the CR-1 process will take 12 months:

3.1.1 - Should she attempt to reenter the US after a couple months, for a 30 day or so stay, then return to Vancouver for the remainder of the CR-1 Visa period? I know she can't keep coming all the time because they might consider that she is abusing her tourist visa.

3.1.2 - Is the fact that she isn't actually returning to Brazil in the meantime a problem? Or just leaving the US into any other country considered satisfactory?

4 - We plan to return to Brazil only for the interview at the Rio de Janeiro Embassy.

Thanks,

[belinda63 3,038]

How does she plan to live in Canada?

[Groogrux108 14]

How does she plan to live in Canada?

This plan is based on the chance she gets her Canadian visitor visa which she will be applying for next week or so.

[Boiler 45,538]

Obviously lots of places it can go wrong, interested to see how it works out, keep us updated.

[teeak 224]

But, isn't it up to the CBP officers to decide how long she'll be able to stay in the US or in Canada once she enters on her visitor's visa. The stays are usually up to 6 months but, it's at their discretion if they want to issue an earlier departure date. If this happens, it may get more complicated.

[Groogrux108 14]

Obviously lots of places it can go wrong, interested to see how it works out, keep us updated.

What do you mean?

[Transborderwife 4,666]

How will she afford her stay in Vancouver? It's very expensive there.

[Groogrux108 14]

How will she afford her stay in Vancouver? It's very expensive there.

Fortunately we have the financial part covered. We are selling one or two pieces of real estate before we go. We are more concerned about legal impediments.

[Anh map 2,098]

Will she be admitted as a tourist when you are relocating to the US? Would she be given 6 months or a shorter stay? Will she tell the truth if questioned by a CBP agent? Will she remember what she tells the CBP agent (as they put her responses into the system for the consular officers to see later at the interview)?

Those are a few things to consider.

[Teddy B 17,252]

This post mixes a couple of visa types information.

I am a USC living in Brazil and moving to Seattle in February/2016.

My wife is Brazilian and I will apply for her CR-1.

Currently, this is the plan:

1 - We travel to Seattle on her Tourist Visa, and as soon as I rent a place and land a job I apply for her CR-1.

2 - She stays for the full length of 6 months, and we don't apply for a renewal since it will probably be denied because of the pending CR-1 application.

3 - Instead of her going back to Brazil, she moves to Vancouver, Canada, only 200km away. So that way we could be together every weekend.

3.1 - Assuming the CR-1 process will take 12 months:

3.1.1 - Should she attempt to reenter the US after a couple months, for a 30 day or so stay, then return to Vancouver for the remainder of the CR-1 Visa period? I know she can't keep coming all the time because they might consider that she is abusing her tourist visa.

3.1.2 - Is the fact that she isn't actually returning to Brazil in the meantime a problem? Or just leaving the US into any other country considered satisfactory?

4 - We plan to return to Brazil only for the interview at the Rio de Janeiro Embassy.

Thanks,

1. Due to her being married to you, a USC, she may be denied entry due to her intent to immigrate.

2. If she is allowed entry she may not get the full 6 mos, that will be up to the CBP officer.

3. Either you or her could be denied entry at any time, either her into the US or you into Canada. If she stays for 6mos with you in the US and then goes to Canada, there is a good chance she will not be allowed back in the US for a while. Leaving the US for Canada after a stay on a tourist visa does not necessarily reset the clock. The CBP will know what's going on, they may or may not allow her to enter the US.

I may have missed a few things, but maybe someone else will chime in.

[Teddy B 17,252]

Fortunately we have the financial part covered. We are selling one or two pieces of real estate before we go. We are more concerned about legal impediments.

She will need to show strong ties to Brazil to be allowed entry to the states on her tourist visa, selling off real estate will weaken those ties.

[Groogrux108 14]

You can't get a 364 stay on a visitors visa.

She was given a 364 day stamp on a tourist visa? Tourist visas are only good for 6 months at a time.

She will need to show strong ties to Brazil to be allowed entry to the states on her tourist visa, selling off real estate will weaken those ties.

I just checked her passport. She first visited the US unemployed and was given a 364 day 6 month stamp from border officer. One that trip we still weren't together but they asked regular questions about her stay.

We just spent 5 days in Miami in August and the border officer asked zero questions, gave her a 6 month stamp.

Otherwise it is true she has very little ties to Brazil.

Edited October 2, 2015 by Groogrux108

[Transborderwife 4,666]

You can't get a 364 stay on a visitors visa.

[Teddy B 17,252]

I just checked her passport. She first visited the US unemployed and was given a 364 day stamp from border officer. One that trip we still weren't together but they asked regular questions about her stay.

We just spent 5 days in Miami in August and the border officer asked zero questions, gave her a 6 month stamp.

Otherwise it is true she has very little ties to Brazil.

She was given a 364 day stamp on a tourist visa? Tourist visas are only good for 6 months at a time.

[Groogrux108 14]

I'm sorry I miscalculated, lol, they are both 6 months.