denied entry Pending CR1 denied entry - problems / impact to visa process?

[BrandonV 0]

Hi all - very helpful thread (below) about visiting the US with a pending CR1. In summary, appears that visiting the US on a valid tourist (B2) visa is technically permitted and most often approved for spouses who are undergoing the CR1 visa process.

 

If a spouse is denied entry at the border on a tourist visa and sent home (presumably because an immigration officer suspects intent to remain in the US and purpose of visit that is not tourism), does that then have a major negative impact on the ongoing CR1 visa process? Does it cancel or annul the process? Or, is it just a denied tourist entry, and has no impact on the visa process? This seems like a huge difference in risk of a canceled process vs. a missed trip.

 

Thanks for any ideas and perspectives. My spouse, currently in the middle of a CR1 visa process, spent nearly 90 days in the US recently. She now plans to return to Brazil for one month, and then return to the US for three weeks to attend 2 weddings. I imagine this is a relatively higher risk scenario given her recent 90 day stay, though am hopeful that because she's been in the US for only 90 days of the last 365, and has a clear and legitimate reason for visiting (2 weddings, with invitations and photos), both help to minimize her risk of problems at the border.

 

Thank you!

Brandon

 

 

 

 

[Roel 7,193]

No. It wont affect her cr1 process. 

[Elrona 101]

If she should be denied, there is no problems with her ongoing CR-1 process.

 

I have also had quite high risk entries (almost 90 days in Oct-Jan; then 3 weeks in late March-Apr and now 1st of June I entered for another 90 days). Last one was hardest. 

 

Make sure she has everything to prove her return on paper with her (no need to show it to officer unless asked). So invitations, photos, return flights, travel insurance for travel dates and for sure CR-1 paperwork. I see you have received NOA1, so a copy of that would be great! When I entered on 1st of June and the officer started to ask a lot of questions, I was able to show them my NOA1 that I had with me (I also told him that currently the case is with NVC and we are waiting for case number to be assigned). I am quite sure that in my case that was the reason I did not get sent to secondary (and denied).

 

Good luck! =)

[pushbrk 13,260]

2 hours ago, BrandonV said:

My spouse, currently in the middle of a CR1 visa process, spent nearly 90 days in the US recently. She now plans to return to Brazil for one month, and then return to the US for three weeks to attend 2 weddings. I imagine this is a relatively higher risk scenario given her recent 90 day stay, though am hopeful that because she's been in the US for only 90 days of the last 365, and has a clear and legitimate reason for visiting (2 weddings, with invitations and photos), both help to minimize her risk of problems at the border.

 

 

 

 

 

Yes, this is a higher risk scenario regarding entry but you have a handle on your best solution.  Being denied entry because of immigrant intent does not in and of itself impact an immigrant visa process negatively, unless other combined circumstances point to immigration fraud.