Visiting Visa While IR1-CR1 Is Pending

[takesforever 0]

While my husbands CR1 was in process he applied for a visitors visa. Barbados consulate rejected his visitors request advising they will not grant one when the CR1 is pending. I wish we had known this in advance, we could have applied for the visitors visa prior to getting married or submitting the CR1. Fortunately, I live in Barbados with him, but it would have been nice for him to come to the US to visit my family during the holidays. Why would anyone bother applying for a CR1 and then take risks and jeopardize everything by not returning until it is complete. I'm just saying.

[Ketsuban 1,034]

While my husbands CR1 was in process he applied for a visitors visa. Barbados consulate rejected his visitors request advising they will not grant one when the CR1 is pending. I wish we had known this in advance, we could have applied for the visitors visa prior to getting married or submitting the CR1. Fortunately, I live in Barbados with him, but it would have been nice for him to come to the US to visit my family during the holidays. Why would anyone bother applying for a CR1 and then take risks and jeopardize everything by not returning until it is complete. I'm just saying.

Well, technically as soon as the I-130 is filed, the beneficiary could go to the US as a tourist and decide to file the I-485 to go with it. That's why the consulates mostly deny tourist visas for people who filed an I-130, because they have demonstrated immigrant intent. They're a lot stricter than border agents.

[takesforever 0]

Right, and unfortunately we were unable to find any information when we were trying to figure out the best approach...one that would allow him to visit the US while we were awaiting permanent status. In Barbados visitors visas can be denied for no reason (someone may be having a bad day and decides they suspect you wont return) and all fees paid are wasted. We would have risked going for a visitors visa this if we knew we would have to wait for over 1.5 years for USCIS/NVC approval and an interview.

I just want others to know that.......

>>>once I-130 is filed>>>> if you don't already have a visitors visa your basically stuck waiting until the CR1 is approved, that has been our experience.

[stackeria 280]

Hello everyone. Does anyone have experience renewing an expired ESTA while at the NVC stage for a CR-1 visa?

My wife's ESTA expired sometime in the last 10 months and she has renewed her UK passport since then. I'm the USC, so not really familiar with the ESTA process. Are there any issues renewing an expired ESTA at this stage?

This would be for a 2 week trip states side to attend some social events that are coming up on the calendar in a couple months. Hopefully we get a CC soon and this won't necessary, but if it came down to it...

Has anyone renewed their ESTA at this stage of the CR-1 process?

[Jamy2014 68]

Hello everyone. Does anyone have experience renewing an expired ESTA while at the NVC stage for a CR-1 visa?

My wife's ESTA expired sometime in the last 10 months and she has renewed her UK passport since then. I'm the USC, so not really familiar with the ESTA process. Are there any issues renewing an expired ESTA at this stage?

This would be for a 2 week trip states side to attend some social events that are coming up on the calendar in a couple months. Hopefully we get a CC soon and this won't necessary, but if it came down to it...

Has anyone renewed their ESTA at this stage of the CR-1 process?

We are still at USCIS NOA1 stage but I renewed my ESTA after my old one expired. Had to renew it anyways due to my name change. ESTA got approved without any problems although it won´t be a guarantee for an entry without problems.

[OLee 64]

Has anyone renewed their ESTA at this stage of the CR-1 process?

I had the same worries, but my question got split into another thread and I didn't get any answer. Interesting to hear how it works for others.

[altito 63]

Im currently at the NVC stage and I renewed ESTA less than one month ago.

I went to visit my husband (USC) and family in law a few weeks ago. I came back to Spain yesterday.

No problems at all either ESTA renewal or POE when entering to the US.

Everything went smoothly.

Edited August 28, 2014 by altito

[Rob L 3,811]

It did feel that I was cheating the system a bit, but as far as I am aware, no rules were broken. I think my wife and I have spent no more than three weeks apart since we were married...

Hope this helps someone

I don't feel that you cheated at all, you had ties back in the UK, You came under programs you were eligible for and you returned home on schedule. Some folks in different countries or circumstance could not take advatage of those

You were there to support and enjoy the company of your wife..that sounds like a "family value" that our politications boast about in the country , but do little to fix the issues around these petitions that keep those we love apart.

[Ketsuban 1,034]

I had to renew my ESTA both because my old one expired and I got a new passport to reflect my name change. ESTA was approved instantly and I was admitted to the US under the VWP in what was my easiest border crossing ever.

[stackeria 280]

I had to renew my ESTA both because my old one expired and I got a new passport to reflect my name change. ESTA was approved instantly and I was admitted to the US under the VWP in what was my easiest border crossing ever.

Thanks, this is helpful. Out of curiosity, at what stage of the NVC process were you when you renewed your ESTA?

[Ketsuban 1,034]

Thanks, this is helpful. Out of curiosity, at what stage of the NVC process were you when you renewed your ESTA?

I was waiting for my AOS to be reviewed and my IV invoice to be unlocked.

[AmandaLane102 3]

I have a question.

My husband and I are taking a trip to the States in December for a visit only, for which he is applying for a tourist visa. When (if) he is approved for the tourist visa, I understand this lasts for 10 years. We want to move to the States next year. Would he be able to come into the States next year on his active tourist visa but then file all the paperwork for the spousal visa IN the United States (to avoid consular filing) and get his status adjusted there, or is that illegal?

Thanks.

[Ryan H 3,812]

I have a question.

My husband and I are taking a trip to the States in December for a visit only, for which he is applying for a tourist visa. When (if) he is approved for the tourist visa, I understand this lasts for 10 years. We want to move to the States next year. Would he be able to come into the States next year on his active tourist visa but then file all the paperwork for the spousal visa IN the United States (to avoid consular filing) and get his status adjusted there, or is that illegal?

Thanks.

Absolutely not, that would be visa fraud which is illegal. If you are planning to move to the US next year, then I suggest starting the spousal visa paperwork now.

[Ryan H 3,812]

**Two off topic posts removed.**

[islandbabes 12]

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.

I entered the USA after filing the I-130 and no problems. I returned home and re-entered 5 months later and stayed 5 months. During that time, we got NOA1 approval and the case went to the NVC. I travel with 2 passports stapled together as my 10-year visa is in my old passport.

Officer asked why I was visiting and I told him my family, specifically staying at my mother-in-law's home and also visiting my sister in another state. I had no issues.

I flew back to Jamaica right before case complete and had interview 6 weeks later and was approved with visa issued.

So yes, you can try to travel while application is processing and with 2 passports in hand.