Visiting Visa While IR1-CR1 Is Pending

[UncleBeer 244]

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.

From the reading I've done, I get the impression that would be considered "visa fraud", as the beneficiary's intent at time of entry was not tourism, but to immigrate permanently.

[Ketsuban 1,034]

From the reading I've done, I get the impression that would be considered "visa fraud", as the beneficiary's intent at time of entry was not tourism, but to immigrate permanently.

Yes, it is fraud to arrive as a temporary visitor with the secret intent to immigrate. That's why tourist visas are denied so much, because it's something they want to prevent happening.

[MolovesRob123 0]

We've got flights booked for 23rd Sept going from Manchester to Dublin then JFK.

Won't be returning til January 13th unless I get my interview date, will they see this as a problem?

Really hoping they won't deny me entry but I don't think they will because my honest real intention is to return for my interview in London.

My wife is really anxious about the whole thing, who will be traveling with me.

[Ryan H 3,812]

One off topic post removed.

[altito 63]

We've got flights booked for 23rd Sept going from Manchester to Dublin then JFK.

Won't be returning til January 13th unless I get my interview date, will they see this as a problem?

Really hoping they won't deny me entry but I don't think they will because my honest real intention is to return for my interview in London.

My wife is really anxious about the whole thing, who will be traveling with me.

I am pretty sure you won't have problems.

Since I started my visa journey back in January 2013, Ive travelled three times to California. The longest stay was for one month on my holidays.

Everything went smoothly the three times.

One of them I went to the US with my husband and no problems at all either. The only small problem was I got my passport control alone through all passport lines and had to wait much time. My husband went through the American passport lines and took only 5 minutes.

I recommend you to be prepared though. Bring documents to show your ties to the UK, just in case....

[MolovesRob123 0]

I am pretty sure you won't have problems.

Since I started my visa journey back in January 2013, Ive travelled three times to California. The longest stay was for one month on my holidays.

Everything went smoothly the three times.

One of them I went to the US with my husband and no problems at all either. The only small problem was I got my passport control alone through all passport lines and had to wait much time. My husband went through the American passport lines and took only 5 minutes.

I recommend you to be prepared though. Bring documents to show your ties to the UK, just in case....

Thanks for your response

[Abby&Mario 100]

I recently flew home to Houston to be in my best friend's wedding. My husband flew after me separately to attend and was in the U.S. for fewer than 72 hours (due to his job, ugh) in order to be able to go with me and meet her, her husband and their families for the first time. I was worried before the trip, but he had absolutely no problem getting through at the airport. It was such a wonderful weekend and I'm so glad he was able to come. Here are the details:

POE: Houston (IAH) on Sept. 5 around 6:30 a.m.

Any questions asked?: The agent asked him what his plans were. He said he was going to a wedding. That was it!! It was his easiest entry yet. He was prepared with the wedding invitation, a letter from his boss, proof of future travel back to and within Latin America and original visa papers from both USCIS and NVC, but none of it was needed. Better safe than sorry!

Visa: He'd had a tourist visa since 2009; in fact, he had to renew it in 2013 a few months before we got married, so it's good for 10 years from that date. Of course if all goes as planned, he'll never have to use it again!

Previous trips before this one?: Yes, two to Houston and one to Los Angeles. Even the longest of these trips was not long at all-- fewer than two weeks.

I hope this post is helpful to those who have spouses from non visa waiver countries. I do think my husband's previous trips helped, especially since they were all brief. I'm not sure he would have had the same POE experience had it been his first-ever trip to the United States, simply because of the fact that he's Colombian and is going through the CR-1 process. But it remains unclear to us whether or not the CR-1 stuff popped up on the screen when they ran his passport.

[seavan123 1]

So just thought I would write about my own experiences. I live in Vancouver and my husband in Seattle. We have been married for 2.5 yrs and together for 6. I am currently in graduate school, aiming to complete my thesis by march/april 2015.

Since my husband moved to Seattle 4 years ago, we are able to see each other every weekend. He usually drives up 3 times a month and I take the bus down about once a month. I've never been denied entry even throughout the whole visa process. I always take my return ticket and a letter of enrolment from school. I don't have a rental agreement because i've been month to month for a while now. I think only once a border agent has asked to see my return ticket. I have had questions about what stage I am in during the immigration process, but that's been it.

I was originally hoping to be complete the whole visa/immigration process by November, but because the NVC is taking FOREVER and because i've made a few mistakes on the application, a realistic interview date for me is likely January/February next year. Despite this, in December, since I will be writing up my thesis and will no longer need to be physically at school daily, I plan to spend most of my time in Seattle. I think I will have to go up to Vancouver about 1-2 times a month for a few days to meet with my supervisor. I'm thinking that even if I do get denied at the border, I'll just stay with a friend for a few days and try again...So hopefully it works out for me!

[Cjax 6]

I thought I would share my experiences so far and write about my upcoming travel plans.

First off - I have a South African passport but am a New Zealand resident.

I met my USC partner back in 2011 in NZ. We decided to go to the US in 2013 so I was able to apply and get my US tourist visa end 2012. As we had no intent back then to immigrate, purely a holiday to the US as I had never been, had no problems at POE in LAX.

Long story short, I loved my trip to the US and my partner had been wanting to return for the longest time. So we got married in 2013 after DOMA was repealed and initiated the green card process expecting 5 months as we had no idea back then about how long it would take. Eventually got NOA1 then NOA2 in end May 2014. We thought we were close to getting it now as we were at NVC stage, so he left to return to the US in June'14 to reestablish domicile and get a job. WRONG again on processing time, lol!

So in August'14 we decided for me to do a last minute trip to visit him as our 1 year anniversary was coming up.

I was nervous as we were in the NVC stage, AOS fee paid and waiting for IV fee to be billed. I did as recommended on all that I had read on VJ- got a letter from work stating I only had specified leave and was expected back, printed proof of funds. Printed NOA2 letter. Well after 12 hour flight (LAX POE) I was tired, had to wait more than an hour to get to the front of the queue and my nerves were acting up. Well to my relief was the easiest ever - customs official asked:

- Intention (A: vacation and visit family)

- How long (A: just under three weeks, said return date)

- When last was I in the USA (A: feb 2013)

When I was having my photo taken or face scanned whatever, the officer told me to relax and not be so nervous!

That was it. I can't remember if he asked to see my return ticket or if I volunteered but the rest of the documents were definitely not looked at.

Plus adding to my stress was that I had paid for an extra bag inbound but not outbound and I brought all my original docs for the IV stage - I would have had a hard time if I had of gone to stage 2 interview I think. We also went on a cruise for our anniversary as we did not honeymoon and I had no problems reentering the US in Miami.

But I am now worried again as last week we decided that the distance thing is not working at all for us, especially with no firm end date in sight to work towards and so we are in the beginning stages of me planning another trip - this time to wait it out there with him till interview time. So I will need to quit my job and I already don't rent with a lease agreement. I will have a return flexi-fare though. The only real ties I will have is that I have paid all the fees to immigrate legally and definitely intend to go back to NZ to complete the process and have the interview.

I think that only factor we are now weighing up is that are we fully prepared to lose the expensive airfare if I am turned back. I know that we are close to the end but as a couple we used to spend 99% of our non-work time together so it feels worth the risk as we could be apart for at least till sometime in December earliest. I don't want to miss thanksgiving, his birthday and potentially Christmas and new year. Sigh. I at least have a place to stay if I am turned around. And by what I have read here it seems the odds are more in favour of getting through than being turned back (held to the whims of a custom official's mood!!)

I still have some time to think about this before making a decision! Like I say, we are well aware of the risks but just wanted to share our story.

Good luck to all those still waiting!!

[Camelott 2]

Completely false. Fire that attorney.

I am telling you

At the Boston POE, the officers don't permit to get in if you have a I-130 or K3 in progress.

They keep your ESTA (ban of 10 yrs) and let you go back to your origin country on the same day.

It is considered a lie to an officer (federal crime) to pass with an ESTA, having a I-130 or K3 in progress.

This is what the Chief of the CBP of the POE of Boston airport told us.

Then you can say whatever you want, but i trust the chief of the POE.

Have a nice day.

[AmandaLane102 3]

Has anyone gone through POE at JFK International Airport in New York?

My husband is picking up his tourist visa next week. I wanted to file the I-130 shortly thereafter (was purposely waiting for his tourist visa approval) but now I am absolutely terrified beyond terrified that he gets turned away if the I-130 is in process. Do the officers have record of an I-130 in progress? Should I wait until after the holidays to file it? I really wanted to get the process started but not if it in any way jeopardizes his entry into the States for the holidays.

[awaywego 28]

Has anyone gone through POE at JFK International Airport in New York?

My husband is picking up his tourist visa next week. I wanted to file the I-130 shortly thereafter (was purposely waiting for his tourist visa approval) but now I am absolutely terrified beyond terrified that he gets turned away if the I-130 is in process. Do the officers have record of an I-130 in progress? Should I wait until after the holidays to file it? I really wanted to get the process started but not if it in any way jeopardizes his entry into the States for the holidays.

I see on the previous page that you also live abroad with your spouse and assume this is the trip you'll be making together. The two of us have entered at JFK together, but our experience doesn't completely answer your question since we haven't yet submitted the I-130.

In case it helps, though, here's the post where I wrote about it, along with how we go through immigration together and what evidence we bring: http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/?p=6849607

Edited September 26, 2014 by awaywego

[thewogans 1]

I posted in the NVC Filers thread, but thought I'd post my experience here too:

My DH has entered the USA from Dublin twice this year

Once in February for 6 weeks

Once in June for 80 days

We had a flight booked and he intended to come back through to stay until called for his interview and then to return to Dublin.

When leaving from Dublin you go through customs IN Dublin airport before boarding.

The immigration officer noted his previous entries and pulled him aside. They went to a small interview room and supervisors were called in. He had all of his paperwork showing his visa process and they were not suspicious of his intent to remain past his visitor visa, but they told him that because you can only remain in the USA for 183 days in a calendar year before you must have residency. This third entry was likely to put him over that 183 day limit so he was turned away. He now has to wait in Dublin until called for his interview.

I originally applied for the K3 visa, which was converted to the IR-1 only 2 days before his flight. The K3 allows entry during processing and the IR-1 does not. You can enter on a visitor visa during the IR-1 but not if the amount of time is over 183 days in a year.

This sucks! We have a young family and now he's going to miss both our girls birthdays and our youngest learning to walk and other major milestones. I'm devastated we have to be separated because they converted our original application and there is no one I can actually TALK to in order to explain our personal situation. I understand it's impossible to review each cases details, but the reason why I applied for the K3 in the first place was to avoid lengthy separation times.

[UnaMexicana 153]

I got my b1/b2 renewed. I had to do this because of work, but now the business trip has been postponed due to budget reasons, until Jan 2015.

I would like to visit my husband in Thanksgiving... but he is too scared and says we should not try. He knows it will not complicate the process of our i130 if i get sent back, but still would hate for me to go through that. Lawyer says I should not try to visit if i can avoid it. I have heard stories of Mexicans being turned back at the POE but I don't know of successful ones.. would really like to hear from South American countries..

Thanks

UnaMexicana

[JFH 12,190]

We got married last Saturday and I returned home overnight Tuesday/Wednesday of this week. We were originally planning to get married next year when he has finished school and hopefully making decent enough money to afford a nice ceremony. But we decided we couldn't wait any longer and had a quickie (8-minute!) wedding last Saturday.

When I arrived (POE LAX) I said I was there to visit my boyfriend. No further questions asked and passport stamped. This is my 8th visit in 2 years. The longest each visit has been is 2.5 weeks. Normally just a week. I'd rather go often and for shorter periods than less often for longer periods. I have always left when I said I would. And I have never lied about going to see a cousin or old school friend, or whatever stupid stories have been suggested on another forum I frequent.

I plan to go back in December for his family Christmas party. What do I say when I arrive? I usually enter through different POEs because I just take whatever ticket I can find that is the cheapest. I hope they don't think that's suspicious. I always have onward tickets to the same final destination, just a different way of getting there each time. Do I say I'm going to see my husband? We have not yet started the CR1 but we may have by then. I hope we have anyway.

What is anyone's experience of travelling post-marriage but pre-CR1? Are they likely to think it's suspicious if we have not started the CR1 yet? Money is the reason we haven't started it yet. He doesn't earn enough and we are softly, softly approaching his stepmother to ask her to co-sponsor.

Edited October 3, 2014 by JFH