Ideal time to file for CR-1 visa

[bcking 3,157]

9 hours ago, ronnieshih said:

Is it not obvious the purpose of a spouse visiting usa or really the husband/wife while the filing is in progress?  Why would this get flagged as intent to immigrate?!  w t * Ok, so two get married, one is a US citizen, it's only natural for one wanting to be with the other, so what is the massive issue here with customs officials?  Purposely leave the two apart by tearing them apart at their his/her visit?!  Of course, the other one is intending to immigrate here!!!!!!!!  Just via the correct channel and not while visiting!!!!!!!!!!!  I don't understand the legality here and why it is "suspicious" in any way at all.  This is also why I am heading back there via a $1400 ticket for just 3 days to get her back and entering via the same line so I can speak since she isn't fluent in English.  If filing after she returns is safer then so be it.  But my question now turns to whether it is ok to visit FOR A SECOND OR THIRD TIME after the filing is kicked into gear.  What was it that I read on the USCIS website?  we welcome you..... or is it we don't welcome you?  

The immigration officers don't care. They see things in terms of risk. Being married - higher risk of wanting to remain in the country past a tourist visa (why would you want to leave your spouse?). Travelling together - Higher risk because it seems suspiciously like you are trying to "move your wife" into the country.

 

The officer we had specifically told us that having a return ticket was "meaningless" since it doesn't prove she would get on it. Having a back account was "pointless" since she could continue to manage that back account while in the US. Unfortunately my wife didn't have a job, so I'm not sure if that would have helped. 

 

I can't even really see why the guy let us through. We suffered through about 2 hours of harassment and intimidation (first thing the guy told us was "I've worked as an immigration officer for 15 years and I've seen every excuse in the book, so you won't get any bullshit by me". That was before even saying his name or greeting us. Literally the first thing out of his mouth). After she left, I did all the visiting for the next 9 months. She is finally coming on the 23rd.

 

Unfortunately no, our country is not that welcoming. Not anymore.

 

(Of course take this all with a grain of salt because we may have just been unlucky with this particular officer. In retrospect I really really wish I wrote down his name so I could report him but at the time we were both so scared it never occured to us. After the 2 hour experience, after we both cried, he had the nerve to say "So I guess you really do love her?". He was a jacka**)

[ronnieshih 0]

The massive amount of confusion here is making me want to send her back within just 2 weeks, and deal separation for a long time.

 

I am hearing 2 separate sides here:

- visit, not for a long time and file whenever

or

- DO NOT FILE YET in huge warning, until after she leaves

 

Fine, I will file after she leaves.  But I'm begging the question whether she can visit a second or third time.  If she is going to get stopped and questioned like a terrorist and i rather not have her visit.

[CantThinkOfOne 22]

16 minutes ago, ronnieshih said:

The massive amount of confusion here is making me want to send her back within just 2 weeks, and deal separation for a long time.

 

I am hearing 2 separate sides here:

- visit, not for a long time and file whenever

or

- DO NOT FILE YET in huge warning, until after she leaves

 

Fine, I will file after she leaves.  But I'm begging the question whether she can visit a second or third time.  If she is going to get stopped and questioned like a terrorist and i rather not have her visit.

Two points about your post:

1. You can't just send her back, she's not a parcel to be shipped back and forth (even though I know what you mean, or at least hope so)

2. Regardless whether you have started the immigration process for her or not, there's still a chance she gets "stopped and questioned like a terrorist", that's always a risk at POE

[jakelake 222]

I understand that you want your wife to become familiar with the US but it would have been much easier for you to start the process without her visiting. You can always visit her instead of her visiting you.

You could have gotten her 2x2 photos, marriage certificate, birth certificate, pictures with her, etc on your visit to her country and then start the application process when you get back to the US. You can visit her as many times as you want after that.

Continuing to debate as to what you should do and not do is only wasting more time.

 

 

 

[ronnieshih 0]

She is not a parcel to me, but I have encountered some customs officials myself that would treat humans just like so!  Stone faced, feel like a complete racist, you know what I mean.

[geowrian 22,337]

17 minutes ago, ronnieshih said:

The massive amount of confusion here is making me want to send her back within just 2 weeks, and deal separation for a long time.

 

I am hearing 2 separate sides here:

- visit, not for a long time and file whenever

or

- DO NOT FILE YET in huge warning, until after she leaves

 

Fine, I will file after she leaves.  But I'm begging the question whether she can visit a second or third time.  If she is going to get stopped and questioned like a terrorist and i rather not have her visit.

Not sure who suggested that you cannot file...? The advice to hold off until she left was just to help with the paperwork and an off-chance that they might confuse it with a pending AOS application. You can file at any time and it won't affect the chance of approval.

 

If you apply prior to her entry, then the off-chance that CBP asks about a pending petition raises the bar needed to show ties to return home.

 

Yes, she can visit additional times. However, at any visit through POE, she can be stopped, put through secondary, etc. This is true even once she gets a green card (albeit immigrant intent won't be an issue at that time). Nobody is guaranteed access to the US except US citizens. Getting extremely rough questioning without a perceived cause does happen, but it is rare.

[broppy 204]

4 minutes ago, geowrian said:

Not sure who suggested that you cannot file...? The advice to hold off until she left was just to help with the paperwork and an off-chance that they might confuse it with a pending AOS application. You can file at any time and it won't affect the chance of approval.

Yes. My original advice to wait until the day after she left was based on the assumption you wanted to get photos and fill in the paperwork together. If you can arrange that remotely, I'd also be more than happy to file before she arrives.

 

4 minutes ago, geowrian said:

If you apply prior to her entry, then the off-chance that CBP asks about a pending petition raises the bar needed to show ties to return home.

It's a big help that she's from Taiwan - people from VWP countries are generally considered to be lower risk. I visited the US many times in the year it took for my application to be processed and visa granted (and despite the flag, I travelled under VWP, not Canadian passport). Not once did I get anything more than "purpose of visit" and "how long are you staying" at point of entry. The CBP officers never even mentioned that they could see I had an application pending.

[MajaMukanowska 38]

20 hours ago, broppy said:

I agree - as far as intent is concerned - she's only intending to visit on this trip and go home again. That would be no problem.

But personally, I'd wait until the day after she leaves before filing. I'd want to avoid having to fill in part 4 item 46 (if the beneficiary is currently in the US). I have a nasty suspicion that filling that in could raise flags or confuse them into expecting an adjustment of status rather than processing a visa.

This. If you don't want to wait 3 months, file BEFORE she comes, so you can say 'no' to the question if the beneficiary is currently in the US.

[bcking 3,157]

55 minutes ago, ronnieshih said:

The massive amount of confusion here is making me want to send her back within just 2 weeks, and deal separation for a long time.

 

I am hearing 2 separate sides here:

- visit, not for a long time and file whenever

or

- DO NOT FILE YET in huge warning, until after she leaves

 

Fine, I will file after she leaves.  But I'm begging the question whether she can visit a second or third time.  If she is going to get stopped and questioned like a terrorist and i rather not have her visit.

If my story is causing you unneeded fear, then as I said take it with a grain of salt.

 

People from VWP countries are generally considered "low fraud" so she will MOST LIKELY do just fine coming to visit you multiple times. She should be prepared with evidence that she has ties to her country (Job, apartment/house) and should not drop any of those ties if possible until her visa is completed. 

 

Is there a chance that she gets unlucky and is questioned like a terrorist? Yes of course. My wife is white Anglo-Saxon Christian and she was stopped and questioned like a criminal (as I was, as a US citizen travelling with her). It isn't necessarily about race, it can happen to anyone. I realize that we were just unlucky. For us it only took being unlucky once to never try again, but perhaps had she tried a second time it would have been fine. We'll never know.

 

Perhaps a discussion of what ties she has to Taiwan would be in order? Does she have a home/apartment under her name? Does she have a job? If she has neither of those (she is living with parents and is unemployed, for example), then the "does she have ties" question becomes a lot harder. Again she may get through just fine every time, but she needs to be prepared.

Edited April 13, 2017 by bcking

[jakelake 222]

Maybe consulting with a more competent immigration lawyer concerning these issues would be better.

That is if you want to continue to debate and analyze about different scenarios.

 

[CantThinkOfOne 22]

45 minutes ago, geowrian said:

Not sure who suggested that you cannot file...? The advice to hold off until she left was just to help with the paperwork and an off-chance that they might confuse it with a pending AOS application. You can file at any time and it won't affect the chance of approval.

 

If you apply prior to her entry, then the off-chance that CBP asks about a pending petition raises the bar needed to show ties to return home.

 

Yes, she can visit additional times. However, at any visit through POE, she can be stopped, put through secondary, etc. This is true even once she gets a green card (albeit immigrant intent won't be an issue at that time). Nobody is guaranteed access to the US except US citizens. Getting extremely rough questioning without a perceived cause does happen, but it is rare.

Why would they confuse a regular Lockbox i-130 with an inland AOS? They do have specific questions in the i-130 Form ?!?! Anyone with such experience care to jump in ?!?! Below are the #61 and #62 in the i-130 form, me thinks that clears things and avoid confusion

Edited April 13, 2017 by CantThinkOfOne

[geowrian 22,337]

Just now, CantThinkOfOne said:

Why would they confuse a regular Lockbox i-130 with an inland AOS? They do have specific questions in the i-130 Form ?!?! Anyone with such experience care to jump in ?!?!

I personally don't think they will, but I think that was what others were suggesting.

[ronnieshih 0]

Please... I'm trying to get all these confusing comments out of the way or I might as well leave my wife back in Taiwan, with us separated for a whole entire year.

[bcking 3,157]

Just now, ronnieshih said:

Please... I'm trying to get all these confusing comments out of the way or I might as well leave my wife back in Taiwan, with us separated for a whole entire year.

What ties does she have in Taiwan? Does she have a job and an apartment?

[ronnieshih 0]

Just now, bcking said:

What ties does she have in Taiwan? Does she have a job and an apartment?

bank account, job, she will move back to stay with her folks soon but she will still be there.

 

and I'm wondering what they question in "secondary" if she does get sent there.  Do they make her kneel on her knees and answer questions with a lash ready to go?  what kind of country is this...