timeline & visits

[lunchboxthermos 1]

hi all,

i've noticed that people have written that a spouse can still visit the US even after the CR-1 has started. i have a couple questions related:

1- i sent in the 1-130 at the end of march. judging from the stats and peoples' replies, it seems like it will take at least 5 months before we get to the interview, and another few months until the visa is actually granted. is that estimate about right?

2- if that is the case, i'm wondering how often my husband would be allowed to enter as a tourist (he would have a return flight so hopefully the border patrol will let him through?) if we go back to the US together first (him on the tourist visa), can he stay for a couple months, then leave and fly in again? how many times would he be allowed to do that until he gets the spouse visa? (the money adds up for flights, so we're not planning on doing that too often anyway).

would appreciate the advice. (my husband and i both live in taiwan right now).

[JFH 12,190]

I can only help with the second part since DCF is a different timescale to the path we are on.

Yes, he can visit subject to the usual regulations for visitors. However, I am concerned about the amount of time he is planning to "visit". Since he has already demonstrated immigration intent by commencing this procedure and has a wife who is a USC, he needs to put forward a very convincing case that he is a genuine visitor. A stay of several months would raise eyebrows even if he weren't married to a USC and applying for a CR-1. Who gets that much time off work? Who can afford to finance being away from home all that time and keep the bills paid? These are the questions that he will face.

Also visiting, returning and immediately visiting again is NEVER a good idea and definitely not with a love interest in the USA. Visiting is for visiting, not living there in installments. A week of two would be fine. Don't overdo it and make it look like he's actually living there (which theoretically he would be if he's spending more than 2.5 months of the next 5 months there). Always stay out longer than you were last in.

[Shauneg 762]

Honestly as many times as they let him in, no rule. They could not let him in the first time or they could let him come in every other week for the next ten years. Try to stay out of the country as much as in, He will be allowed in for as long as they stamp his tourist visa for.

[kris&me 572]

Expect a year to get to interview / only a few move faster and much depends on how many cases are coming into USCIS

a year to go thru USCIS and NVC and about 2 months from time it goes to embassy for your interview / this is not set in stone but it is more realistic than your expectations

we all wish you the best

[Ryan H 3,812]

hi all,

i've noticed that people have written that a spouse can still visit the US even after the CR-1 has started. i have a couple questions related:

1- i sent in the 1-130 at the end of march. judging from the stats and peoples' replies, it seems like it will take at least 5 months before we get to the interview, and another few months until the visa is actually granted. is that estimate about right?

2- if that is the case, i'm wondering how often my husband would be allowed to enter as a tourist (he would have a return flight so hopefully the border patrol will let him through?) if we go back to the US together first (him on the tourist visa), can he stay for a couple months, then leave and fly in again? how many times would he be allowed to do that until he gets the spouse visa? (the money adds up for flights, so we're not planning on doing that too often anyway).

would appreciate the advice. (my husband and i both live in taiwan right now).

Answers:

1. Since the petitioner and beneficiary both live abroad, there is a chance your petition could be automatically expedited by USCIS. Bear in mind that queue is unofficial and USCIS will deny it exists. Furthermore, visas are issued shortly after an interview takes place unless a case is placed into Administrative Processing.
2. Agree with other answers you have been given in this regard.

I can only help with the second part since DCF is a different timescale to the path we are on.

No DCF where the OP is; they would've sent their petition to the lockbox.

[JFH 12,190]

No DCF where the OP is; they would've sent their petition to the lockbox.

Yes, I thought that too but OP's profile states DCF and I thought perhaps Taiwan was the nationality of the foreign spouse and they were living in a third country (e.g. Thailand) that does have DCF.

But they are both in Taiwan so the DCF remark on the profile is incorrect.

[2hubbys 0]

My husband came for a visit twice. 2 long trips of 3 months and then 3 month break, then 4 months here again. He was grilled both times but allowed to enter as he insisted he was just visiting/traveling with an American friend who invited him. I told him not to mention the marriage unless they brought it up. On his last visit, they flagged him for a 2nd interview and I was nervous waiting for him to arrive at DFW, I knew something was up. But finally they let him enter. He kept insisting he was here as a tourist and just visiting. And that's what he did. He visited me.

So ... definitely do take advantage of the tourist visa so you can be together during part of this long long wait. It is your right. Just be prepared for some additional questions. Good luck!

[NikLR 13,227]

Does he already have a visitor visa?