Visiting Visa While IR1-CR1 Is Pending

[UnaMexicana 153]

I am here in the US currently visiting my husband. I renewed by visa in September, one month after the i130 petition was filed. I have since visited 3 times for short business and tourism trips.

I called our lawyer to inform her that I was here and wanted to know if it would be ok to change my ticket from the initial departure (Jun 13) to a couple more months out since I was admitted until Nov.

She got it pretty bad that I was here and advised against extending my trip beyond the return date that I told to the officer at the POE.

This is her reply to my explaining that I have been coming and going to see my husband and for business purposes, and that I would only like to stay a couple of months this time:

Hi XXXXXX,

You are risking an inadmissibility determination when you go to your interview at Ciudad Juarez.

Clients who submit B2 visas or B2 renewals while their I-130 is processing are often deemed inadmissible for fraud. (WHAAAT?) Your case presents the added risk that fraud was committedwhen you entered the US and informed the CBP Officer of a departure date that was later switched. (This has not happened yet, I was considering changing the ticket from Jun 13 to end of Aug) If you're deemed inadmissible, your B2 will be revoked, you will have to prepare a waiver, and you would not be allowed into the U.S. while the waiver is processing. Waivers are arduous applications, there is no guarantee that it will be granted, and take over one year to prepare and process. You'd likely have to retain an attorney to assist you with the waiver.

Let me know if you have any questions.

This is pure BS in my opinion. But you guys tell me... should I stay or should I go?

UnaMexicana

[Virtuous45 31]

I am here in the US currently visiting my husband. I renewed by visa in September, one month after the i130 petition was filed. I have since visited 3 times for short business and tourism trips.

I called our lawyer to inform her that I was here and wanted to know if it would be ok to change my ticket from the initial departure (Jun 13) to a couple more months out since I was admitted until Nov.

She got it pretty bad that I was here and advised against extending my trip beyond the return date that I told to the officer at the POE.

This is her reply to my explaining that I have been coming and going to see my husband and for business purposes, and that I would only like to stay a couple of months this time:

Hi XXXXXX,

You are risking an inadmissibility determination when you go to your interview at Ciudad Juarez.

Clients who submit B2 visas or B2 renewals while their I-130 is processing are often deemed inadmissible for fraud. (WHAAAT?) Your case presents the added risk that fraud was committedwhen you entered the US and informed the CBP Officer of a departure date that was later switched. (This has not happened yet, I was considering changing the ticket from Jun 13 to end of Aug) If you're deemed inadmissible, your B2 will be revoked, you will have to prepare a waiver, and you would not be allowed into the U.S. while the waiver is processing. Waivers are arduous applications, there is no guarantee that it will be granted, and take over one year to prepare and process. You'd likely have to retain an attorney to assist you with the waiver.

Let me know if you have any questions.

This is pure BS in my opinion. But you guys tell me... should I stay or should I go?

UnaMexicana

It's not worth the risk to extend your ticket and remain, since your information is already in their system. I wouldn't want to give them any new information to form any suspicion. and would prefer to err on the side of caution and return home to wait out the process. But it's your call. Assess all the pros and cons and weigh them all in the balance

[slronhill 61]

when travelling after NOA2 did you guys have NOA2 just printed out from mail or you had hardcopy with you?

My NOA2 was on 5/28, witing for NVC case # but my hardcopy is in US. I'm wondering will there be any problems at POE if I have only mail from USCIS about approved petition

[CJKylie 161]

when travelling after NOA2 did you guys have NOA2 just printed out from mail or you had hardcopy with you?

My NOA2 was on 5/28, witing for NVC case # but my hardcopy is in US. I'm wondering will there be any problems at POE if I have only mail from USCIS about approved petition

Next week I'm taking a scan of our NOA2, as the hard copy is in the US.

Last time had the hard copy NOA1 with me but didn't need to show it.

Edited June 11, 2015 by CJKylie

[slronhill 61]

hehehe I'm using it week after you please share good news after you land

[CJKylie 161]

hehehe I'm using it week after you please share good news after you land

Haha I'll let you know. I've never been asked to show anything before though.

Can't see there being any problems if they did look at it

[slronhill 61]

thanks it will sure make me less nervous during flight

i didn't either but you never know. Just want to be covered if necessary

[mallafri76 1,012]

when travelling after NOA2 did you guys have NOA2 just printed out from mail or you had hardcopy with you?

My NOA2 was on 5/28, witing for NVC case # but my hardcopy is in US. I'm wondering will there be any problems at POE if I have only mail from USCIS about approved petition

Next week I'm taking a scan of our NOA2, as the hard copy is in the US.

Last time had the hard copy NOA1 with me but didn't need to show it.

I traveled to see my husband in May, after I had submitted the actual visa application (the DS-260 at NVC). Before you submit the DS-260, CBP have no way of knowing who you are when you arrive at the border because you don't put down your passport number until you get to the DS-260 application. CBP don't know that you're in the immigration process until you submit your DS-260.

I fly over to visit my husband every three months and have been doing so even after we filed the I-130 petition last September and after submitting my immigrant visa application in April and have not had any issues. In my opinion, there's no need to bring your NOA2 because it doesn't prove anything. What you need to bring is proof of your ties to your home country, such as mortgage/rental agreement for a home and letter from your employer.

Good luck! I hope you both have wonderful visits with your spouses.

[slronhill 61]

Thank you!!! I can't wait I'll have NOA2 just in case I need it, but usually they don't even look at my employer's letter.

[CJKylie 161]

In my opinion, there's no need to bring your NOA2 because it doesn't prove anything. What you need to bring is proof of your ties to your home country, such as mortgage/rental agreement for a home and letter from your employer.

Good luck! I hope you both have wonderful visits with your spouses.

Yeah, I'm taking it more as just backup to show I'm going through the process if they happen to want to see it

I will be taking my lease and a letter from work.... but I'll be surprised if they wanna see anything tbh

Flying out tomorrow at 1pm, can't wait

Edited June 18, 2015 by CJKylie

[CJKylie 161]

Just got to Heathrow, and the Delta security at check in wanted to look at my NOA2. Wasn't expecting that!

Not sure if the colour of the stickers they put on the back of your passport mean anything, but I had 2 purple and one yellow, and they've now covered the yellow one with a red one....

[lukehansen83 0]

So, a thousand pardons if my question has already been asked/answered here in this thread...I waded through a good number of pages, but not all 20+...

Me: USC

Soon-to-be-wife: Ecuadorian Citizen

after we get married here in Ecuador and start the spouse visa process can she/we reapply for a tourist visa for her so that she can come visit periodically whilst the ~18 month IR1 process, uh, processes?

Would this be "fraud," as an earlier poster insinuated? Would this jeopardize the whole thing? We just want her to be able to come visit and get to know my family, etc. She applied about a year ago before we got engaged for a tourist visa and was denied...that was her first attempt...the guy at the Embassy in Quito was quite a douche.

Anyways, any input? Thoughts? Thanks in advance!

Oh, and I would assume that it goes without saying that Ecuador isn't on the VWP list...

[Ryan H 3,812]

So, a thousand pardons if my question has already been asked/answered here in this thread...I waded through a good number of pages, but not all 20+...

Me: USC

Soon-to-be-wife: Ecuadorian Citizen

after we get married here in Ecuador and start the spouse visa process can she/we reapply for a tourist visa for her so that she can come visit periodically whilst the ~18 month IR1 process, uh, processes?

Would this be "fraud," as an earlier poster insinuated? Would this jeopardize the whole thing? We just want her to be able to come visit and get to know my family, etc. She applied about a year ago before we got engaged for a tourist visa and was denied...that was her first attempt...the guy at the Embassy in Quito was quite a douche.

Anyways, any input? Thoughts? Thanks in advance!

Oh, and I would assume that it goes without saying that Ecuador isn't on the VWP list...

She can apply for a tourist visa. Whether or not one will be granted is a different story (the odds are not in her favor). However, a refusal of a tourist visa in of itself will not adversely affect the spousal visa process.

[JCV 5]

I am here in the US currently visiting my husband. I renewed by visa in September, one month after the i130 petition was filed. I have since visited 3 times for short business and tourism trips.

I called our lawyer to inform her that I was here and wanted to know if it would be ok to change my ticket from the initial departure (Jun 13) to a couple more months out since I was admitted until Nov.

She got it pretty bad that I was here and advised against extending my trip beyond the return date that I told to the officer at the POE.

This is her reply to my explaining that I have been coming and going to see my husband and for business purposes, and that I would only like to stay a couple of months this time:

Hi XXXXXX,

You are risking an inadmissibility determination when you go to your interview at Ciudad Juarez.

Clients who submit B2 visas or B2 renewals while their I-130 is processing are often deemed inadmissible for fraud. (WHAAAT?) Your case presents the added risk that fraud was committedwhen you entered the US and informed the CBP Officer of a departure date that was later switched. (This has not happened yet, I was considering changing the ticket from Jun 13 to end of Aug) If you're deemed inadmissible, your B2 will be revoked, you will have to prepare a waiver, and you would not be allowed into the U.S. while the waiver is processing. Waivers are arduous applications, there is no guarantee that it will be granted, and take over one year to prepare and process. You'd likely have to retain an attorney to assist you with the waiver.

Let me know if you have any questions.

This is pure BS in my opinion. But you guys tell me... should I stay or should I go?

UnaMexicana

two times i stayed longer than i planned.. i don't see how it is bad unless you overstay your visa? I had two lawyers and neither of them mentioned this an issue. oh and i missed my flight one time so stayed an extra two weeks. i was on the VWP though, so not sure if it is any different on the B2. When you think about all the people that do AOS they obviously change their mind and change the departure date, i don't see how it is bad to stay longer than planned within the legal time frame!!?

Edited June 23, 2015 by JCV

[mallafri76 1,012]

So, a thousand pardons if my question has already been asked/answered here in this thread...I waded through a good number of pages, but not all 20+...

Me: USC

Soon-to-be-wife: Ecuadorian Citizen

after we get married here in Ecuador and start the spouse visa process can she/we reapply for a tourist visa for her so that she can come visit periodically whilst the ~18 month IR1 process, uh, processes?

Would this be "fraud," as an earlier poster insinuated? Would this jeopardize the whole thing? We just want her to be able to come visit and get to know my family, etc. She applied about a year ago before we got engaged for a tourist visa and was denied...that was her first attempt...the guy at the Embassy in Quito was quite a douche.

Anyways, any input? Thoughts? Thanks in advance!

Oh, and I would assume that it goes without saying that Ecuador isn't on the VWP list...

Judging from other members posts here on VJ, I think getting a tourist visa after you're married will be quite difficult. This is mainly because by being married to a USC and applying for a spousal visa, she is already showing immigration intent and that also gives her strong ties to the US.

Since Ecuador is not part of the VWP, I assume it's a tougher embassy to go through?! I know someone from Sweden who can't travel visa free. He applied for a tourist visa so he could go visit his USC husband during the immigration process. He got denied because of his strong ties to the US, and he has a job and owns an apartment in Sweden. And the embassy in Sweden is considered a very easy embassy. But hey, if you have the money, why not try? All they can do is say no, and that won't affect your spousal visa anyway. You never know until you try!

And no, applying for a tourist visa during the immigration process is not fraud, as long asyour reason for applying for the tourist visa is for your wife to travel as a tourist to the US to visit and then return home before the tourist visa expires?!