Visiting Visa While IR1-CR1 Is Pending

[MolovesRob123 0]

We came into America on 23rd September through the POE in Dublin, had no problems at all apart from the officer just double checking with her boss. Took us into the "decision" room thing and that was it, we were free to go.

[mallafri76 1,012]

Hi,

I'm in the US right now, visiting my husband under the visa waiver program. As I cleared immigrations at Newark Airport so fast, I asked to speak to a supervisor to clarify the rules and regulations regarding traveling while having a pending immigration visa and here's what he said.

CBP's job is to ensure that people visiting the US fulfills the requirements of the way they are trying to enter US. E.g, if a visitor arrives on the visa waiver program or on a tourist visa, it is CBP's job to ensure that the person before them are only coming to visit the US on a temporary basis and plan to leave within the alloted time frame.

The supervisor said that there are no US rules or laws that prohibit people from visiting the US while they have a petition or visa pending. In fact, he told me that CBP don't have access to USCIS's system and have no way of seeing if someone has filed a petition or not. He said that of course, informing an immigration officer that an I-130 petition has been filed may mean that the officer will scrutinize the entry request more thoroughly and therefore, he recommended that anyone coming as a tourist while having a petition or immigration visa pending bring proof of ties to homecountry, such as mortgage papers, rental agreement, letter from employer and so on.

Hope this helps anyone who's still worried about visiting as a tourist during the petition phase.

[kazzflow 0]

Ok so if my wife applies for a tourist visa she would be able to visit while her I-130 petition is pending.

She has a rental contract for our house in Dominican Republic and we have the NOA1 paperwork too

[Ryan H 3,833]

Ok so if my wife applies for a tourist visa she would be able to visit while her I-130 petition is pending.

She has a rental contract for our house in Dominican Republic and we have the NOA1 paperwork too

If she is granted a tourist visa, she could visit (although there is no guarantee of entry). However; the chances of her being granted a tourist visa in the first place are next to nil.

[Molly&Akli 0]

My husband arrived November 2nd. We submitted the I-130 at the end of September. He was, as always, honest about coming to see his wife. He was questioned a little more in detail this time, but more about his travels in the Middle East (all work related) than about any intent to stay. In addition to providing a letter from his employer, he also had his return tickets and his tickets for his visit to and from here in December. He came through with no issue! Yay!

[Tina Marnia 7]

Please tell me what is a VWP????.....How do I or my husband apply??...Do I apply for him??...

Please elaborate more?...Please tell me about this more?

[mallafri76 1,012]

VWP stands for Visa Waiver Program. It's a program that allows citizens of low risk countries to visit the US without a visa, as long as we meet certain criteria. If you log onto state.gov and search for visa waiver program, you'll find all the information.

Judging from your profile, it looks like your loved one is from Bangladesh? I don't believe Bangladesh is part of the VWP and hence would not be allowed to visit the US without a visa.

[DaveStephChalm 3]

visa waiver program https://esta.cbp.dhs.gov/esta/esta.htmlallows one to registrar on line for entry to a USA port after answering a question air and making a deceleration. generally granted within 45 seconds to 24 hours. It allows one to remain in the USA for up to 3 months and is renewable annually. Border patrol staff on entry will have final say on ones admission.

[Tina Marnia 7]

I just checked on travel state.gov and no Bangladesh is not On VWP.

But How can I find out if He would be able to visit me?

Or if his country will allow for a visit while our case is pending?

[Tina Marnia 7]

He has been outside of his country before. but not to U.S. He was in United Kingdom 2011-2013 on student visa.

[Ryan H 3,833]

I just checked on travel state.gov and no Bangladesh is not On VWP.

But How can I find out if He would be able to visit me?

Or if his country will allow for a visit while our case is pending?

For him to be able to visit you in the US, he would need to apply for and be granted a tourist visa. The chances of him being granted a tourist visa are virtually nil. The US Immigration process plays no role on your ability to visit Bangladesh, you have to meet their entry requirements in order to visit there.

He has been outside of his country before. but not to U.S. He was in United Kingdom 2011-2013 on student visa.

This is not relevant in the tourist visa process (it is relevant for the immigrant visa process because he will be required to submit a UK police clearance).

[Tina Marnia 7]

Oh makes me sad to hear that. not even for short visit??. Not even for Holidays?..........Not even for a month?

[Ryan H 3,833]

Oh makes me sad to hear that. not even for short visit??. Not even for Holidays?..........Not even for a month?

The law as it is written states that any tourist visa applicant has presumed intention to immigrate and to overcome that presumption, the applicant must show strong ties to their own country. Having a US Citizen spouse essentially supersedes any ties an applicant may have to their own country.

[Rob L 3,811]

Oh makes me sad to hear that. not even for short visit??. Not even for Holidays?..........Not even for a month?

Don't lose all hope.

It will cost you $160.00 and your time to apply for a (B) tourist visa. If you apply you should be able to show the following with documentation

1. have binding ties to your home country that prove that you intend to return
2. plan to stay for only a short time, and
3. can pay for your living expenses during your U.S. trip.

If I were you , I would invest the money on that chance.

[Tina Marnia 7]

Can I apply for B tourist visa for him?

Even though our application is pending

He can show strong ties, He is under contract

with a welding trade school and working part time.

Also I know he will tell CBP he won't do anything to

forfeit his chance of cr1 getting terminated.

and has all supporting docs.