Visiting Visa While IR1-CR1 Is Pending

[Mkaz 0]

Hi Guys,

My wife is US citizen and my IR1 is pending. Now we both are living in australia and my wife is pregnant. She is planning to birth baby in US. My question is what are the chances i can get visit visa B2 while my case is pending? And any effect on my pending case?

[Michael2017 368]

You can try. If you can afford the visa fee, it can not harm you or your case, as long as you are not from a visa waiver country. If you are from one, in that case, a refused B visa would also cancel your Visa waiver.

[Jens79 64]

21 minutes ago, Mkaz said:

Hi Guys,

My wife is US citizen and my IR1 is pending. Now we both are living in australia and my wife is pregnant. She is planning to birth baby in US. My question is what are the chances i can get visit visa B2 while my case is pending? And any effect on my pending case?

 

Are you not an Australian citizen?

[Mkaz 0]

10 hours ago, Jens79 said:

Australian

 

10 hours ago, Jens79 said:

Are you not an Australian citizen?

Yes i not a australian citizen.

[Boiler 45,756]

25 minutes ago, Mkaz said:

 

Yes i not a australian citizen.

Ohh

[HessicaS 4]

We currently are waiting for approval of our CR1 with USCIS and should be approved any time now as it appears that Nebraksa is now approving November filers. I'm with my spouse right now in Brazil, and we are thinking to purchase a plan ticket for her to enter with me to the US this coming Saturday while we are waiting for this process to be approved. Has anyone heard of this being an issue? We are planning to buy a round trip ticket to return in July/August to additionally show intention of her returning back to Brazil. The thought was to tell CBP that she hasn't seen the house that we have purchased and she was going to look at the place to prepare for her entry after consular processing is approved. We also have documentation of our USCIS receipt and consular processing route. Pros/Cons? Tips? Do I declare on the US side that I'm entering with no family? Or should we state that we are together entering? I'm not sure if they have a separate line for that..she already has a B visa and has entered twice on that prior to us filing at USCIS, and we've never entered together. 

Edited May 15, 2017 by HessicaS

[Michael2017 368]

If you enter together, you MUST write on the arrival documents that you are with family or it is FRAUD.

So, don't even think about this. If you go together, be prepared to explain your relationship as they will ask about it.

[Gretch 11]

What kind of visa does your wife have? Brazil seems to be a little hit and miss--more denials than Europeans, fewer than Africans. Getting the visitors' visa in the first place is generally the more difficult part, so if she's already got that or a different visa, she'll probably be okay. I have known Brazilians with visas turned away by border patrol, though, but one was for appearing to have communicable disease and one was a too-frequent visitor. I wouldn't worry about an elaborate story; just tell the truth. Do you have job documentation for her? Feelings are mixed on going through immigration separately or together. You can get behind her in the no-green-card line if you want, in case there's any question, but I believe they don't want you to actually go up together. I haven't done that part myself, though.

 

Sorry, just saw your edits. I think with that visa you'll be fine, as long as she's never overstayed, etc. I think the place on the entry form is for people who all have the same visa type? I can't remember, but just follow the directions exactly.

 

Just want to make sure you know you've still got a ways to go? It sounds like you're waiting for NOA-2, which means you're a long way from having CR-1 approved. Good luck!

Edited May 15, 2017 by Gretch
New info

[HessicaS 4]

On January 15, 2017 at 4:32 PM, Dilorena said:

 

I know it's not impossible, it's case to case. In mine, it would be nearly impossible to provide the required documentation/proof of ties. I'm talking also outside of the forums, since I have read/heard from many other families

What proof of ties would be necessary? We have phone bills showing the address of spouse, but she has no job or in school. There are doctors appointments scheduled in the next couple of months, would that be helpful to receive a letter from them verifying the appointment? As well as a return ticket document. We also have our receipt for us submitting our CR1 to USCIS for approval. I've heard of cases where people enter like this and no issue, but more so looking at who was denied at the port of entry (if any) and why they were. 

[Dianalorena 1,153]

4 hours ago, HessicaS said:

What proof of ties would be necessary? We have phone bills showing the address of spouse, but she has no job or in school. There are doctors appointments scheduled in the next couple of months, would that be helpful to receive a letter from them verifying the appointment? As well as a return ticket document. We also have our receipt for us submitting our CR1 to USCIS for approval. I've heard of cases where people enter like this and no issue, but more so looking at who was denied at the port of entry (if any) and why they were. 

I feel that if you think you have strong proof, you should try it I know it's not impossible and many people don't have issues, it really seems like a coin toss sometimes. 

return ticket and doctor's appointment letter, don't know if they would work since plane tickets don't guarantee you will return and appointments can be dropped. More like a work letter stating your return to work, properties, and other good strong ties to your country. 

[penelope_Cy 19]

On 5/15/2017 at 7:28 PM, HessicaS said:

We currently are waiting for approval of our CR1 with USCIS and should be approved any time now as it appears that Nebraksa is now approving November filers. I'm with my spouse right now in Brazil, and we are thinking to purchase a plan ticket for her to enter with me to the US this coming Saturday while we are waiting for this process to be approved. Has anyone heard of this being an issue? We are planning to buy a round trip ticket to return in July/August to additionally show intention of her returning back to Brazil. The thought was to tell CBP that she hasn't seen the house that we have purchased and she was going to look at the place to prepare for her entry after consular processing is approved. We also have documentation of our USCIS receipt and consular processing route. Pros/Cons? Tips? Do I declare on the US side that I'm entering with no family? Or should we state that we are together entering? I'm not sure if they have a separate line for that..she already has a B visa and has entered twice on that prior to us filing at USCIS, and we've never entered together. 

 

On 5/3/2017 at 5:48 PM, Mkaz said:

Hi Guys,

My wife is US citizen and my IR1 is pending. Now we both are living in australia and my wife is pregnant. She is planning to birth baby in US. My question is what are the chances i can get visit visa B2 while my case is pending? And any effect on my pending case?

I applied for the B1/B2 visa at my country's US embassy while our IR-1 case was pending at the NVC stage. I was asked whether my husband would sponsor me and told that we are in the process of finalization but wanted to visit him in the US. I entered the US on a B2 visa while my IR1 case was pending. I was asked a few questions (how come I am not in the US if my husband is a US citizen) and asked to show my return ticket. Other than that I did not have major issues. As long as you have proof that you are going the legal route of immigration and intend to not stay in the US beyond the allocated visitor's visa time I think that should be enough evidence to be allowed entry.

[Bengal 3]

Can I visit my husband while I've to wait for my interview date? And another thing, is it okay to travel USA after I got my police clearance certificate which I was asked to send to NVC? Do I have to apply for the police clearance certificate again just because I travelled USA after issuing the certificate? I heard the validity duration is 6 months and they ask to bring it with you on the interview. I'm planning to send the pcc to NVC and will be waiting till the case gets completed. After that I want to visit my husband on our anniversary with the multiple entry tourist visa. 

[Sharif Shakhshir 5]

21 minutes ago, Bengal said:

Can I visit my husband while I've to wait for my interview date? And another thing, is it okay to travel USA after I got my police clearance certificate which I was asked to send to NVC? Do I have to apply for the police clearance certificate again just because I travelled USA after issuing the certificate? I heard the validity duration is 6 months and they ask to bring it with you on the interview. I'm planning to send the pcc to NVC and will be waiting till the case gets completed. After that I want to visit my husband on our anniversary with the multiple entry tourist visa. 

I was just looking into the same thing... about having my wife enter the US under her B-2 visa.  The following suggests that it is not a good idea...

http://www.nolo.com/legal-encyclopedia/just-married-us-citizen-the-us-can-i-travel-b-2-before-filing-adjust-status.html

[Redheadguy03 505]

31 minutes ago, Bengal said:

Can I visit my husband while I've to wait for my interview date? And another thing, is it okay to travel USA after I got my police clearance certificate which I was asked to send to NVC? Do I have to apply for the police clearance certificate again just because I travelled USA after issuing the certificate? I heard the validity duration is 6 months and they ask to bring it with you on the interview. I'm planning to send the pcc to NVC and will be waiting till the case gets completed. After that I want to visit my husband on our anniversary with the multiple entry tourist visa. 

If you have a pending application they may not let you in because you are an intending immigrant. I wouldn't recommend trying it because it usually doesn't seem to work out. Just be patient and wait for your visa. 

[Ryan H 3,818]

Moved from Progress Reports to Process & Procedures.