Visiting Visa While IR1-CR1 Is Pending

[Hotter Otter 1,211]

One of the most regularly created threads in this section is "Can I visit the US while my application is pending?" So I thought I'd create a thread on it with the aim of reducing clutter and having all of the information in one place. Currently there are hundreds of individual threads in this section on the question!

The simple answer to this question is that if you are from a VWP country or have a tourist visa yes, you are allowed to visit while your visa is pending, but you may well face extra scrutiny because of the pending CR1/IR1. The CBP officer at your point of entry has the final say on whether you will be admitted. If he/she feels that you are not going to return home then they may deny you entry to the United States. It's up to you to convince the officer that you will return home. Make sure you only answer what you are asked and never lie to the officer.

Sometimes you will get asked for proof of ties to your home country to help convince the officer that you are going to return home after your visit. Great examples of ties to your home country include:

- A letter from your employer stating when you are expected to return to work

- If you are in school/college instead of work evidence that you are studying in your home country

- A copy of your NOA1 to show you are following the process legally

- A printout of your flight itinerary showing your return flight home

- Evidence of ongoing home ownership/rental in your home country

Nobody wants to be turned back at the airport/border. Every visit is different depending on your circumstances (amount of previous visits and length of visit etc) and the CBP officer you get at the point of entry. Why not share your experience here as the visit can be stressful and it's great for people to see others previous experiences. Have you ever been denied and why? What questions have you been asked?

[Harpa Timsah 13,258]

I would like to add that you can also apply for or renew a tourist visa when you have immigration pending, with the same considerations above.

[Merrytooth 5,748]

I think "Yes, You can visit" applies to K1 visa people

[Hotter Otter 1,211]

I think "Yes, You can visit" applies to K1 visa people

It also applies to CR1 people but we haven't had a general thread for it in this section which is why I created it.

[Merrytooth 5,748]

Thank you for creating the thread.

Maybe the thread could be pinned in both forums for references.

[joseph.rafter 2]

My wife applied for a K-1 visa at the US Embassy in Djibouti Africa and she was turned down....the consular stating we needed to wait for her CR-1 visa.......

[Harpa Timsah 13,258]

My wife applied for a K-1 visa at the US Embassy in Djibouti Africa and she was turned down....the consular stating we needed to wait for her CR-1 visa.......

If you are married you cannot get a K-1.

[kmd228 5]

It also applies to CR1 people but we haven't had a general thread for it in this section which is why I created it.

Thanks so much for starting this thread and your guidance.... I just found out last night people have successfully been visiting with IR1-CR1s processing... lil glimmer of hope for a summertime visit!

[kmd228 5]

Question:

Attorney advised us that for my husband ( beneficiary & UK citizen ) to enter the US while his K3 with I-130 is being processed is considered fraud because you can't come in on a different visa while one is processing. Any truth to this? Thoughts?

[Harpa Timsah 13,258]

Question:

Attorney advised us that for my husband ( beneficiary & UK citizen ) to enter the US while his K3 with I-130 is being processed is considered fraud because you can't come in on a different visa while one is processing. Any truth to this? Thoughts?

Completely false. Fire that attorney.

[Hotter Otter 1,211]

Question:

Attorney advised us that for my husband ( beneficiary & UK citizen ) to enter the US while his K3 with I-130 is being processed is considered fraud because you can't come in on a different visa while one is processing. Any truth to this? Thoughts?

No truth. As a UK filer he will be visiting on VWP not with a visa anyway.

[kmd228 5]

No truth. As a UK filer he will be visiting on VWP not with a visa anyway.

Thank you for your response--- makes total sense to me!

[k.dlg 300]

Question:

Attorney advised us that for my husband ( beneficiary & UK citizen ) to enter the US while his K3 with I-130 is being processed is considered fraud because you can't come in on a different visa while one is processing. Any truth to this? Thoughts?

He wouldn't be coming in on a visa anyway because his is waived.

Damn - they beat me to it! lol

Edited February 10, 2014 by k.dlg

[À Montréal 14]

I wanted to share my experiences with visiting the US while waiting for the Green Card process.

We submitted our application in June 2013 and are currently stuck at NSC. Until January 2014 we were both living together in Canada, but my wife's new job in the US started in January. We searched a lot on VJ about visiting during the application process and while there were many posts about the risk of being turned away we found few actual first-hand reports of people not being allowed to enter the US. I live in Montreal, which has the great advantage that flights to the US go through pre-clearing, i.e. you do the customs and immigration stuff while still in Montreal. So in worst case they turn you away and you've lost the cost of your ticket, but at least you're not stuck at some US airport. Based on this, we were willing to give it a try. I booked a return flight (7 days stay), did the ESTA online application (I'm a German citizen), and assembled a bunch of documents showing my ties to Canada (rental lease, work contract, ticket of my wife coming to Montreal in March) and the transfer notice from USCIS.

I arrived at the airport well before my flight in case they'd interrogate me for a longer period of time. But no, everything went well. The border agent asked:

• purpose of trip: visit wife
• is she American: yes
• do you intend to immigrate: yes, eventually, but not now. We've started the process in June
• did you go to university in the US: yes, but no longer
• do you go to university in Canada: no
• when do you intend to immigrate: whenever I get the green card, probably not before June.

That was it -- I made it!

[Ketsuban 1,034]

I want to visit but:

a) terrified of immigration officers. Each time I have queued up in the line, I have almost passed out from fear, even though I breeze through!

b) leaving at the end is very painful. I only get a couple of weeks at a time with him and I become depressed for months after leaving.

c) I'm helping him pay for his car, so we can't afford a visit anyway

But yes, 99.9% of the time, I'd say VWP members get through without too much hassle. Maybe just a teensy bit.