Visiting Visa While IR1-CR1 Is Pending

[Virtuous45 31]

Tourist visa will be voided at the interview (regardless of the result).

Ok thanks. Means I will have to wait out until October...or leave earlier. Thanks

[mallafri76 1,012]

Just wanted to tell people that you can continue to visit the US even after sending in the DS-260 application. I'm on my way back to Sweden now after spending a week in the US, having entered under the VWP. We have an approved I-130 petition plus have paid AOS and IV fee and sent in the IV application. The POE officer only asked how long I was staying this time and when I'm planning on coming over permanently,that was it. I did bring proof of employment back home and mortgage papers to show ownership of apartment but he never asked to see it.

[JCV 5]

Just thought i'd share my experience. Entered US yesterday on VWP with my husband, i130 in process. POE Atlanta.

Husband allowed to go through immigration line with me. line was about one hour long, was very nervous as the girl infront of me got sent to the 'tripod' and all i heard her say was 'visiting my boyfriend' and showed her returned but i think she looked really nervous. i was next to go after her, and a new young white guy came on and i was allowed to go to him. I was so happy and it completely changed my confidence!

I told him hi, the lady told him my husband can come here with me, and he said are you claiming him as a joke and i said yes, and then he said so how long are you staying and that was it! i have to admit, i think i would of got sent to the tripod if i had not got the cool guy, my husband was joking around with him. i 100 percent believe that the immigration officer will decide the fist two seconds of meeting you, if you act confident and cool then you will have no problem. i didn't get asked anything to do with my ties but i did act super confident as i know that i am not doing anything wrong.

[fmizan 4]

Had the B2 visa interview today and got APPROVED. Took all supporting documents to show strong ties, however, none were needed or looked at. 5 questions asked of which the first was why I want to visit (visit my wife) and the next ones if she is a USC and filed I-130, to which i answered everything truthfully. The rest of the questions were about my businesses here, previous visits and the length of my planned visit next time.

I am assuming two things really worked in my favour:

1) I have visited the USA 10 times, of which the last 8 times were just with the recently expired visa and no overstays or violations

2) I traveled to the USA with my wife after the wedding with my old visa and came back in 2 months

I started this process because of this thread, however, was extremely nervous and expected the worst thinking $160 is well worth a shot and it definitely was worth it! I strongly suggest everyone to give it a shot. I understand that it obviously varies from case to case but it's well worth the risk!

Thank you all for giving me the confidence to go for it!

Had the B2 visa interview today and got APPROVED. Took all supporting documents to show strong ties, however, none were needed or looked at. 5 questions asked of which the first was why I want to visit (visit my wife) and the next ones if she is a USC and filed I-130, to which i answered everything truthfully. The rest of the questions were about my businesses here, previous visits and the length of my planned visit next time.

I am assuming two things really worked in my favour:

1) I have visited the USA 10 times, of which the last 8 times were just with the recently expired visa and no overstays or violations

2) I traveled to the USA with my wife after the wedding with my old visa and came back in 2 months

I started this process because of this thread, however, was extremely nervous and expected the worst thinking $160 is well worth a shot and it definitely was worth it! I strongly suggest everyone to give it a shot. I understand that it obviously varies from case to case but it's well worth the risk!

Thank you all for giving me the confidence to go for it!

[Danielhenson 3]

When I applied for a B2 visa i was just told it wasn't possible for me to get it, since I am waiting for my immigration visa.. I got asked one question, if my spouse was a U.S. Citizen. Since i am waiting to immigrate i can't get a Tourist visa and the only option is to wait for that to be issued.

sigh...

[fmizan 4]

When I applied for a B2 visa i was just told it wasn't possible for me to get it, since I am waiting for my immigration visa.. I got asked one question, if my spouse was a U.S. Citizen. Since i am waiting to immigrate i can't get a Tourist visa and the only option is to wait for that to be issued.

sigh...

Sorry to hear that.

Like I said, it could be because of my travel history with the USA and the fact that I went there after the wedding and came back and my wife filed I-130 after I left the USA.

One of the questions asked was, why did I return from USA in March (basically after the wedding):

My Answer: It was my businesses here. Also, I have never sat at home and done nothing. From 2007, I have been busy either studying or working. I was told by immigration lawyers that I could adjust my status after 61 days with the visitor visa but I chose not to do that as employment authorization can take time and I was not willing to do nothing.

She had a trainee, I believe, with here on the other side of the window and after this answer they both sort of smiled at each other and then she asked me about of planned length of stay and said my visa was approved!

[billtherese 0]

Hello again. My wife and I just got back from another trip to the states. She's from Ireland, I'm from the US. Our POE was Dublin. We were not allowed to go in the same line, but we she got in again (this is her third trip back to the states since the process started) without issue. I don't remember the particular questions because they were pretty much ordinary stuff. How long are you going and for why. The officer did spend a lot of time fumbling around the computer and kept asking for her passport number again. My wife was beyond prepared (as she usually is because she's awesome) and had the entire application, interview letter, approval from NVC, evidence related to her motivation to return back home, etc, etc. None of it was necessary, but of course, we would still bring it every time in case we were asked.

[fridaab 17]

When I applied for a B2 visa i was just told it wasn't possible for me to get it, since I am waiting for my immigration visa.. I got asked one question, if my spouse was a U.S. Citizen. Since i am waiting to immigrate i can't get a Tourist visa and the only option is to wait for that to be issued.

sigh...

You can travel on the VWP with esta and having an approved or pending i-130. Someone told you you couldn't?

[Michael and Susan 0]

This is good information, my situation is that my Jamaican wife and I will be filing our i-130 this week, she hasnt been to the US but was told by a lawyer that if she does try to come on a visiting visa, it would be considered fraud. Since Jamaica is not a VWP would that be the case?

[fmizan 4]

This is good information, my situation is that my Jamaican wife and I will be filing our i-130 this week, she hasnt been to the US but was told by a lawyer that if she does try to come on a visiting visa, it would be considered fraud. Since Jamaica is not a VWP would that be the case?

I would strongly disagree. My wife and I got married and January and she is a USC. We traveled to the US together two weeks after the wedding and I visited her for 8 weeks. She filed the petition after I returned. I have also applied for and received a B1/B2 visa very recently and am planning to visit her again soon.

From what I was told by lawyers I spoke to is that if the foreign spouse applies for an adjustment of status from a visitor visa to a spouse visa, that is when the USCIS will investigate for fraud as it is a matter of dual or wrong intent. However, it will not apparently be investigated for fraud if the adjustment of status is applied for after being in the US for 60 days. Hope this information helps you!

Edited June 1, 2015 by fmizan

[Michael and Susan 0]

I would strongly disagree. My wife and I got married and January and she is a USC. We traveled to the US together two weeks after the wedding and I visited her for 8 weeks. She filed the petition after I returned. I have also applied for and received a B1/B2 visa very recently and am planning to visit her again soon.

From what I was told by lawyers I spoke to is that if the foreign spouse applies for an adjustment of status from a visitor visa to a spouse visa, that is when the USCIS will investigate for fraud as it is a matter of dual or wrong intent. However, it will not apparently be investigated for fraud if the adjustment of status is applied for after being in the US for 60 days. Hope this information helps you!

That does help! My wife and I both agree that we are not going to do anything dishonest so its not going to even be a consideration for us. Thank you for the info!

[PaddyGirl13 75]

I'm just back from my second visit since submitting the I130. POE was Dublin. The officer asked purpose of visit, I said visit my husband. He asked if he is a USC and when I said yes he asked me when we got married (October 14) and was this my first time seeing my husband since marriage, I told him no, I'd been for a week in January and my husband had visited Ireland in March. He asked if we had NOA2 yet, I said no, and he checked the system for me! He said unfortunately I have no answer for you today, enjoy your trip.

I got back home to Ireland on the 2nd of June and today the 4th we got our approval, yay!!

Please God my next trip will be the one where we get to stay.

[CJKylie 161]

Entered at LAX in April on VWP, and wasn't asked anything other than the reason for my visit.

Hoping it goes as smoothly when I visit again in 2 weeks

[Davis2015 6]

When I applied for a B2 visa i was just told it wasn't possible for me to get it, since I am waiting for my immigration visa.. I got asked one question, if my spouse was a U.S. Citizen. Since i am waiting to immigrate i can't get a Tourist visa and the only option is to wait for that to be issued.

sigh...

I'm curious...was this your embassy who told you this?

[Davis2015 6]

Ok Subject Matter Experts...after reading most of the recent threads, I gathered that everyone who gets approved/entry to US with little to no hassle is on the VWP or have not filed the I-130 yet. So is it to be assumed if you are not from a VWP country and the I-130 is already filed, the tourist visa will not get approved? Because the initial post of the thread said you could visit using either or while you have a case pending, but that was some time ago, so I want to know what's current.