Visiting Visa While IR1-CR1 Is Pending

[beachboy95 9]

Hello All, 

 

Me and my wife filed our I-130 and I have been visiting her overseas for about 10 months now. She would like to come visit me, and my family in the USA for at least several weeks to a month. We are both worried that she will be turned away at the border and that has been the biggest deterrent of making an attempt to come in. She has a B2 tourist visa she has entered into the USA on ( it doesn't expire for awhile) and she has never overstayed her visa.( she exited and re-entered twice while she was staying in the USA)  but I have heard mixed things from people of wether or not to make an attempt. We are in our very early 20's and we would make our entry into the U.S.A together. Our final Destination is South Florida but usually we have to connect through North Carolina due to booking. Here are some facts that might help us:

 

1. She currently is enrolled as a student though early fall back home

2. She currently is renting an apartment back home

3. She has a B2 visa already

4. We have a lawyer retained which we have paid through the entirety of the process.

5. I have a full time job with a finite amount of vacation time

 

 

If anyone can advise me off of personal experience or someone who has a similar case it would be much appreciated. 

On 4/11/2018 at 6:57 PM, Biabarida said:

Just wanted to report that my wife, from Spain, entered into the US yesterday for 85 days without any problem. She came prepared with all the documents and they didn't ask her even a single question. POE was Denver International.

What documents did you have?

Edited June 11, 2018 by beachboy95
Clarity

[Boiler 45,756]

What conclusion did you come to from the previous 60 pages of responses?

[beachboy95 9]

21 hours ago, Boiler said:

What conclusion did you come to from the previous 60 pages of responses?

After reading through I see that my situation is not unique, I just don't want to get refused. Would going through pre-clearance in another city yield better results? I think we have sufficient evidence of return. 

[Gretch 11]

3 minutes ago, beachboy95 said:

After reading through I see that my situation is not unique, I just don't want to get refused. Would going through pre-clearance in another city yield better results? I think we have sufficient evidence of return. 

I don't think preclearance will matter. Your evidence sounds fine, but you don't address the most important thing--what country your wife is from. All the evidence in the world probably won't admit someone from Ghana or Yemen.

[beachboy95 9]

11 minutes ago, Gretch said:

I don't think preclearance will matter. Your evidence sounds fine, but you don't address the most important thing--what country your wife is from. All the evidence in the world probably won't admit someone from Ghana or Yemen.

Yes, my apologies, I meant to include that. She is from Greece. 

[Holly-ando 9]

Hello everyone! i'm here to pay it forward, this thread helped me a lot when i was worried about my re-entry. I read all the post from the last two years and was so nervous. Eventually i was granted entry, no problems Thank God, i even had a chat with the officer and he asked me about my husband and if he applied for me and  answered all the questions, but it was more like a friendly chat than anything else.he gave me 6 months. It is fair to mention that i had my visitor's visa prior to my marriage, i'm from north Africa, i'm a 30 year old female, and most importantly, i came twice before, the first time i stayed 2 months, left for 7 months, then came back stayed for 6 months, left for almost 10 months then came back and i was given 6 months stamp.

One info that helped me from this forum is always make sure you stay in your home country twice the period you stayed in the US or close to that.

Good luck everyone 

Edited June 12, 2018 by Holly-ando

[derwydd-llyn 0]

My husband is from the UK and is currently unemployed--will that deter him from being allowed entry to the US while our visa is being processed? He's been job seeking for months and struggling to find work, and we've been waiting for him to get a job before we book the flight, but it's getting unbearable not seeing each other for this long and I can't travel due to school and work. He currently rents out a room from my in-laws and could show evidence of that. He could also have a copy of our NOA1. Is there anything else we can do other than be sure to book his return in advance? 

Also, what evidence to people provide if they are freelance workers and can work from anywhere? 

Thank you. 

[KapiDan 1]

Hello friends,

 

A brief about my recent travel experience on Visitor visa..

 

I have read through a lot of pages on this thread before my wife & I decided to travel together. It helped us a lot and I would like to mention our experience if it can help in any way..

 

She is the USC and I am an Indian but working in a long-term job in Malaysia for 3 years.

 

This was her permanent move back to the States and we decided to go together so that I can help her settle down. I have a visitor visa applied long before we were married and I have travelled alone once before to the US for a conference.

 

We landed in San Diego this time and my wife asked the officer which queue to use since she is travelling with her husband (myself) who is not a citizen or LPR. We were instructed to use the US Citizens queue. We were a bit anxious and I had all my papers (to prove ties back to Malaysia) ready in a file

It was a thick file with return flight itinerary, employment papers, salary stubs, phone bill, apartment lease.

 

Guess what..we reached the counter and the officer asks me, Business or Leisure. I said leisure. He asked do you have a return ticket, I said, Yes I do and I am going back in 2 weeks and I was stamped and cleared. No more questions. It was really smooth.

 

Now, my wife is working on finding a job and setup her accounts, license and tax stuff . She will be sending the I-130 soon.

 

Wish all the friends here success..

 

Best..KapiDan

 

Edited July 7, 2018 by KapiDan

[Jeff Myers 0]

For those that have applied for IR1-CR1 visa, then applied for a B2 Tourist visa, what was your experience of how long the initial length of stay when you entered the USA and then if you returned back to the USA, what was the length granted at that time?

 

Thanks

 

JM

[Invisigoth 16]

On 4/16/2018 at 11:29 PM, Missmatalini said:

My husband is coming to visit the end of May for my birthday, from Western Canada. 

He's got a return ticket,  this is the first time he's entering the US to visit me, since I just recently moved down to have a more solid domicile. 

 

Really eases my anxiety about him being turned away reading all the success stories. 

My husband and I live four hours apart in Ontario and New York.  We work during the week, and then cross the border at the 1000 Island bridge on the weekends about 2-3 times a month to visit.  We have NEVER had a problem.  Some of the border folks are so familiar with my husband that they ask him how our immigration is coming along and routinely chat him up.  They are always very friendly.

[beachboy95 9]

Hello,

 

 I had a post before regarding visiting. She has now been approved ( I-130 ) and our case is at the NVC for processing. She wants to visit in Mid august ( She is a Greek citizen with a B-2 visa which has never been overstayed). Will it be easier or harder coming in with an approved I-130? She spent 11 months in the USA in the past. Our evidence;

 

1. Rental agreement through September 9th

2. She's Currently enrolled in a masters program overseas and has pending work to receive it

3. A statement from our lawyer stating our intent to finish the process legally, and a receipt for the retainer fees paid until the interview is complete and she is back in US Soil

4. A return ticket

5. Approved I-130 Petition and (hopefully) a National Visa Center Case Number. 

[ayazk 17]

Hi all,

 

Great to see so many success stories of visiting. I needed some clarification/reassurance on my particular scenario:

 

I am the USC, and my wife is a Canadian citizen. We have gotten our NOA2 and are just waiting for NVC to accept our docs and get interview date. We've had a few delays in our case because of the CEAC system, so here's what I would like to do.

 

I want my wife to come here to the US (on vwp) and just go back to Canada once we have an interview date. If she does this, she will be quitting her job, and currently lives with her parents, which makes proving ties a little difficult. 

 

1) How long can she stay here for before raising any red flags? Ideally I would like to book a one way ticket for her, but I know this isn't smart.

2) How would she prove ties besides the return ticket? 

 

Any insight would be helpful

 

Thanks!

[Boiler 45,756]

On what basis is she eligible to use the VWP?, dual citizen?

[ayazk 17]

On 8/6/2018 at 6:01 PM, Boiler said:

On what basis is she eligible to use the VWP?, dual citizen?

Isn't Canada a VWP country? She's a Canadian citizen

[beachboy95 9]

Hello Again,

 

What do we tell officer if she has her case completely submitted to NVC and on way to case complete? Or should we wait the 2-3 weeks for the case to be complete?