Visiting Visa While IR1-CR1 Is Pending

[Ketsuban 1,034]

Flying out tomorrow looking forward to reporting back.

[MaybeBaby 0]

Flying out tomorrow looking forward to reporting back.

Have a great flight! I'm keeping my fingers crossed for you and look forward to hear from you on the other side. :-)

[Ketsuban 1,034]

Hi, I'm in Ohio This was my easiest entry ever!

I picked an officer who was a girl about my age, she was quite bubbly. Conversation was like this:

Her: *takes passport and customs form, then starts looking at the customs form* could I have your passport?
Me: ...you've got it already

Her: Oh yeah lololol *scans it then tells me to do the fingerprints and camera shot* So what is the purpose of your visit today?

Me: I'm going to be visiting my family today

Her: Oh, it's a family visit? Which family members?

Me: My husband and my in-laws

Her: Your husband! How come he lives here and you live in the UK?

Me: Well, he was born here and I was born there

Her: Well, you should move here!

Me: We're in the process of it

Her: Oh, getting your Green Card?
Me: Yeah, we're at the NVC stage

Her: huh, ok *stamps me in* have a nice day!

Me: You too! *walks off in disbelief that I discussed my immigrant intent and still got in xD*

[NickTijs 18]

Hi, I'm in Ohio This was my easiest entry ever!

I picked an officer who was a girl about my age, she was quite bubbly. Conversation was like this:

Her: *takes passport and customs form, then starts looking at the customs form* could I have your passport?

Me: ...you've got it already

Her: Oh yeah lololol *scans it then tells me to do the fingerprints and camera shot* So what is the purpose of your visit today?

Me: I'm going to be visiting my family today

Her: Oh, it's a family visit? Which family members?

Me: My husband and my in-laws

Her: Your husband! How come he lives here and you live in the UK?

Me: Well, he was born here and I was born there

Her: Well, you should move here!

Me: We're in the process of it

Her: Oh, getting your Green Card?

Me: Yeah, we're at the NVC stage

Her: huh, ok *stamps me in* have a nice day!

Me: You too! *walks off in disbelief that I discussed my immigrant intent and still got in xD*

Ketsuban! I'm flying out to Ohio next week! aaaah, I'm so nervous. It'll be the first time going there since I married my wife.

What airport did you use? (might have mentioned it somewhere, but I can't seem to find it right now).

Any tips that might come in handy? I'm flying through Philly to Dayton (where my US-house is).

I hope you're having a great time! Keep us updated, will you?

[Ketsuban 1,034]

Ketsuban! I'm flying out to Ohio next week! aaaah, I'm so nervous. It'll be the first time going there since I married my wife.

What airport did you use? (might have mentioned it somewhere, but I can't seem to find it right now).

Any tips that might come in handy? I'm flying through Philly to Dayton (where my US-house is).

I hope you're having a great time! Keep us updated, will you?

Lol, well here's an update: Loud neighbours! OMG

I used Newark. I'm used to the layout and relative quietness in the immigration hall even during peak seasons

I would just be relaxed, cheerful and say/do what feels right in your situation.

[MaybeBaby 0]

Hi, I'm in Ohio This was my easiest entry ever!

I picked an officer who was a girl about my age, she was quite bubbly. Conversation was like this:

Her: *takes passport and customs form, then starts looking at the customs form* could I have your passport?

Me: ...you've got it already

Her: Oh yeah lololol *scans it then tells me to do the fingerprints and camera shot* So what is the purpose of your visit today?

Me: I'm going to be visiting my family today

Her: Oh, it's a family visit? Which family members?

Me: My husband and my in-laws

Her: Your husband! How come he lives here and you live in the UK?

Me: Well, he was born here and I was born there

Her: Well, you should move here!

Me: We're in the process of it

Her: Oh, getting your Green Card?

Me: Yeah, we're at the NVC stage

Her: huh, ok *stamps me in* have a nice day!

Me: You too! *walks off in disbelief that I discussed my immigrant intent and still got in xD*

Fantastic! This gives me so much hope! Have a wonderful time with your hubby and thanks for sharing your experience. Did she check any of your documents?

[Ketsuban 1,034]

Fantastic! This gives me so much hope! Have a wonderful time with your hubby and thanks for sharing your experience. Did she check any of your documents?

Thank you, and you're welcome

The only things she looked at were my passport and customs form. I didn't have to prove anything. I got the impression from her that she WANTED me to stay, not that I plan on it of course

[MaybeBaby 0]

Thank you, and you're welcome

The only things she looked at were my passport and customs form. I didn't have to prove anything. I got the impression from her that she WANTED me to stay, not that I plan on it of course

? Lol!

[nalacandi 11]

I spoke with my attorney about this very subject just a few weeks ago and she told me that my husband cannot visit me here in the states while our application is in process. Maybe it's because he is in Nigeria, I am not sure, but everything I have researched says no, as well. This process is so difficult that it would be terrific if he could visit me, because I have a new job and I can't take time off since I am so new.

[kristinaa 2]

We just had a swift denial in a tourist visa application.

My husband explained that he wanted to visit to see me and be able to be present for the birth of our child. It was a short interview, and the officer mostly just said that it was not possible to visit while there was another visa application pending. The translator spoke Spanish very poorly.

At the end of this, they gave the rejection letter.

[Ryan H 3,830]

I spoke with my attorney about this very subject just a few weeks ago and she told me that my husband cannot visit me here in the states while our application is in process. Maybe it's because he is in Nigeria, I am not sure, but everything I have researched says no, as well. This process is so difficult that it would be terrific if he could visit me, because I have a new job and I can't take time off since I am so new.

Regarding the statement in bold, that attorney is dead wrong, the beneficiary of an I-130 petition can visit IF they are able to obtain a visa or are a citizen of a VWP country. With that being said, the chances of a Nigerian citizen who is the beneficiary of an I-130 petition being granted a tourist visa while that petition is pending are nil.

Edited August 16, 2014 by Ryan H

[nalacandi 11]

That's very disappointing because we have had many problems with the atty, but I guess u get what u pay for; we certainly have. The constant miscommunication, stating one thing and then denying it was said to fit the changing situation. We r stuck with the atty unfortunately and don't really know what do I'd we walked away now. I think we are the 1st Nigerian case she has worked in because I have done most of the research and caught her having no idea. She cost us extra money due to a major mostake, also

[donnieace 0]

Wow, reading this whole thread took a while!

The stories from you all have made me feel a bit better about the POE experience. Although, the thought of my wife being denied still dwells.

We are currently planning to fly back to California. We would be returning to Poland (wife is Polish) in early Dec. This will actually be the first time we fly together across the Atlantic. We always made that trip alone with either of us waiting at the airport, depending on who's turn it was to visit.

Last week, I received an email informing me that our I-130 was approved and that they sent the notice in the mail. We are waiting for that notice to arrive in order to book our flight.

My wife changed all of her documents after we wed. The visa is on her old passport and was not hole-punched. She was told it was still valid. We called the embassy in Warsaw today and was assured it was still valid.

Has anyone been through customs with 2 passports in hand? One current, the other containing the visa? I didn't read anyone mentioning that but I might as well ask now since this is the best place to ask.

We never worried about customs. Definitely not a good feeling.

Edited August 18, 2014 by donnieace

[UnaMexicana 153]

About B1/B2 and high fraud countries

I talked to my lawyer today about the possibility to renew my visa to visit my husband while the process is pending and to schedule some business trips. A little background on my particular situation: I have a steady job working for the MX branch of a US company, I have an investment account and a lease agreement, I have a car that is being paid off and a joint savings account with my husband, the USC. I have entered before always as tourist or business visitor, never overstayed or abused the visa in any way. The visa was expired in March and we started the process just this month.

My lawyer mentioned to me that the non immigrant intent that is required as proof when you either renew the visa, when you apply for it or when you try to enter as a business or tourist visitor, is under higher scrutiny because of the pending I130. If you are indeed granted a renewal or a visa, the decision to let you in is made at the sole discretion of the official at the POE. My lawyer also told me that if I encountered an official that wanted to be particularly difficult, he could even state that I am trying to commit fraud. That would add a layer of complexity to our case that we do not have at the moment and we really would not like.

I know this is hard, but for someone in my particular situation, I would rather just wait the process and have him visit whenever possible than to try and renew the visa only to be denied or even worse, accused of fraud.

Thread carefully when you come from a high fraud country like I do. While a lot of people here talk about how easy it was to visit, this is not the case for people that come from other parts of the world. It is sad but hey, we need to focus on the bigger prize... We are doing things the right way and it would be sad to see them get complicated over something that can wait.

I just wanted to share my situation. Best of luck in the decision that you make.

Best,

UnaMexicana

I spoke with my attorney about this very subject just a few weeks ago and she told me that my husband cannot visit me here in the states while our application is in process. Maybe it's because he is in Nigeria, I am not sure, but everything I have researched says no, as well. This process is so difficult that it would be terrific if he could visit me, because I have a new job and I can't take time off since I am so new.

We just had a swift denial in a tourist visa application.

My husband explained that he wanted to visit to see me and be able to be present for the birth of our child. It was a short interview, and the officer mostly just said that it was not possible to visit while there was another visa application pending. The translator spoke Spanish very poorly.

At the end of this, they gave the rejection letter.

[B & G 200]

About B1/B2 and high fraud countries

I talked to my lawyer today about the possibility to renew my visa to visit my husband while the process is pending and to schedule some business trips. A little background on my particular situation: I have a steady job working for the MX branch of a US company, I have an investment account and a lease agreement, I have a car that is being paid off and a joint savings account with my husband, the USC. I have entered before always as tourist or business visitor, never overstayed or abused the visa in any way. The visa was expired in March and we started the process just this month.

My lawyer mentioned to me that the non immigrant intent that is required as proof when you either renew the visa, when you apply for it or when you try to enter as a business or tourist visitor, is under higher scrutiny because of the pending I130. If you are indeed granted a renewal or a visa, the decision to let you in is made at the sole discretion of the official at the POE. My lawyer also told me that if I encountered an official that wanted to be particularly difficult, he could even state that I am trying to commit fraud. That would add a layer of complexity to our case that we do not have at the moment and we really would not like.

I know this is hard, but for someone in my particular situation, I would rather just wait the process and have him visit whenever possible than to try and renew the visa only to be denied or even worse, accused of fraud.

Thread carefully when you come from a high fraud country like I do. While a lot of people here talk about how easy it was to visit, this is not the case for people that come from other parts of the world. It is sad but hey, we need to focus on the bigger prize... We are doing things the right way and it would be sad to see them get complicated over something that can wait.

I just wanted to share my situation. Best of luck in the decision that you make.

Best,

UnaMexicana

It is difficult for your B1/B2 visa to be renewed now that you have the I-130 pending due to the fact that the embassy can establish that you have a credible want to immigrate.

However, a denial from the embassy on a new/renewed visa will have no negative implications on your CR1 visa and neither will you being turned back at POE.

From what I have read, you do have a good case for getting a new visa. Strong ties to Mexico and a good track record when visiting the US. As you mentioned, no overstays.

The worse that could happen if you apply and be denied a new visa is that you will lose the filing fee.

Lawyers are known to be extra cautious when giving advice on travelling to the US while another visa is pending. Some have gone as far as to tell clients that you can't visit, full stop.

It is a risk, but as i said, worst scenerio will be the financial loss.