Visiting Visa While IR1-CR1 Is Pending

[zahra143 6]

Hi everyone I applied for cr1 visa on last year March but unfortunately I'm stuck at NVC for long time.everytime I call they tell me to wait for a review. Now I'm planning to visit USA to see my new born baby was born few weeks ago. But I'm scared if I get get denied...any advise from anyone will be helpful.

[Ryan H 3,821]

Hi everyone I applied for cr1 visa on last year March but unfortunately I'm stuck at NVC for long time.everytime I call they tell me to wait for a review. Now I'm planning to visit USA to see my new born baby was born few weeks ago. But I'm scared if I get get denied...any advise from anyone will be helpful.

A tourist visa refusal in of itself will not adversely affect the spousal visa process.

[zahra143 6]

Should I apply for a visit visa? What is the possibility of success?

[Dyattaw 7]

The possibility of acquiring a tourist visa while having an immigration case open is very slim. What can help is if you've held a visa before and have a good visit history without any overstays etc. I've never heard of anyone getting a new visitor visa after having a petition submitted for them without prior history of travel to the US. this is not to say that your chance is actually 0 % and attempting will not in any way hurt your immigration success. All you chance losing is the visa fees and possibly become a little more depressed over the process.

[Michael2017 368]

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

Hi Everyone,

this is a very serious information now. Is this a lawyer or a paralegal? The information looks so odd and contrary to anything user post here on this forum that I would be shocked if this is true. Does this mean, If I am on a Visa Waiver, I say I will stay 3 weeks, but change my mind, reschedule my obligations back home, and stay 80 days and leave within the allowed 90 days, I would be considered as fraud as I first told 3 weeks stay? I had the opinion that if you are allowed to stay 90 days, you can use them up, no matter what your initial plans were. Please VJ community, can you comment?

[mallafri76 1,012]

Hi Everyone,

this is a very serious information now. Is this a lawyer or a paralegal? The information looks so odd and contrary to anything user post here on this forum that I would be shocked if this is true. Does this mean, If I am on a Visa Waiver, I say I will stay 3 weeks, but change my mind, reschedule my obligations back home, and stay 80 days and leave within the allowed 90 days, I would be considered as fraud as I first told 3 weeks stay? I had the opinion that if you are allowed to stay 90 days, you can use them up, no matter what your initial plans were. Please VJ community, can you comment?

The information Michael got from the lawyer/paralegal is BS. As long as you don't overstay, it's not fraud to change your return date. I've had to do that a couple of times when I've been over to visit my husband and have never had any issues on any of my return trips after that. As far as I know, CBP only ask your return date to see that you know it and to see how long you're planning to stay. They don't write your scheduled return date on your "profile".

[Michael2017 368]

Hi,

well it is not my lawyer, this was posted by another used on page 24 of this thread here in this thread. If it is true, it would be catastrophic. I think when we enter the US we need to fill out a paper that asks for the return flight, but maybe I am wrong... Anyhow, I know this lawyer most properly is BS but if this is true, it would be VERY serious for many.... Thanks, Michael.

Edited July 5, 2015 by Michael2017

[PaddyGirl13 75]

Hi,

well it is not my lawyer, this was posted by another used on page 24 of this thread here in this thread. If it is true, it would be catastrophic. I think when we enter the US we need to fill out a paper that asks for the return flight, but maybe I am wrong... Anyhow, I know this lawyer most properly is BS but if this is true, it would be VERY serious for many.... Thanks, Michael.

No, you're not asked to write down your return date. Generally the immigration officer will ask you. Twice I have extended my stay beyond what I initially told the officer (stayed within the 90 days) and there was no issue, I have visited again since those times too and no problems.

[SnakeBite 3]

Most responses on this thread seem to be related to applicants who are from VWP countries.

Has anyone from a non-VWP successfully applied for a B1/B2 with an IR1/CR1 petition/application pending at USCIS or the NVC?

My wife has tickets to visit me for a 2 week trip over Christmas in the US after I move back to the US later this month. She is Chinese, but has a well paid job for an American multinational in Singapore, has a current lease in Singapore which would be expensive to break, lived in the US for 3 years for grad school and OPT, and has made numerous 2-3 week short visits to the US under many previous tourist visas over 10+ years. Unfortunately her most recent US visa expires in a couple of months.

A lot of comments here seem to say that she can apply for a visa, but it's a long-shot. But to me, it makes no sense that she woudn't be approved for a tourist visa because professionally and personally it would make no sense for her to try to immigrate on a non-immigrant visa after we've begun the CR1 process.

Is it really that difficult even for someone with such a long history of visits?

I guess I'm just looking to see if there are many examples where people HAVE been successful, despite all of the comments saying it's nearly impossible.

Edited July 7, 2015 by SnakeBite

[fmizan 4]

Most responses on this thread seem to be related to applicants who are from VWP countries.

Has anyone from a non-VWP successfully applied for a B1/B2 with an IR1/CR1 petition/application pending at USCIS or the NVC?

My wife has tickets to visit me for a 2 week trip over Christmas in the US after I move back to the US later this month. She is Chinese, but has a well paid job for an American multinational in Singapore, has a current lease in Singapore which would be expensive to break, lived in the US for 3 years for grad school and OPT, and has made numerous 2-3 week short visits to the US under many previous tourist visas over 10+ years. Unfortunately her most recent US visa expires in a couple of months.

A lot of comments here seem to say that she can apply for a visa, but it's a long-shot. But to me, it makes no sense that she woudn't be approved for a tourist visa because professionally and personally it would make no sense for her to try to immigrate on a non-immigrant visa after we've begun the CR1 process.

Is it really that difficult even for someone with such a long history of visits?

I guess I'm just looking to see if there are many examples where people HAVE been successful, despite all of the comments saying it's nearly impossible.

This was my case which was posted here:

Hi All,

So my spouse and I got married in January 2015 here in Bangladesh. When she went back to the states, I went with her as I had a valid B1/B2 visa and visited her for 2 months. After I returned, she filed the I-130 for me and it's currently being processed; we have already received our NOA1.

After reading this thread, I have thought of visiting her again as it is a lengthy process and her limited holidays per year don't really help. I have my own business here and as a result am more flexible with my holidays.

I will be applying for a new B1/B2 visa as the previous one has expired. I know that the chances are very slim of me being able the pull through with the visa but I figured that $160 is well worth the risk. However, my spouse is worried that if I am refused a visa/entry or even if I enter, it might adversely affect our immigration petition. Is that a concern? I was under the impression that NIV and IV visas are separate to the extent that one does not affect the other.

Also, I have visited the US 10 times so far and 8 times just with my last visa and never overstayed or anything. Does that really give me a better chance at getting a new visa? I visited after the wedding and came back on time too, does that help?

Please do tell us if there is anything for us to be concerned here and any help is greatly appreciated from all you experienced folks!

And this was the outcome. Again, posted here:

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!

[Michael2017 368]

Applying for a B1/B2 will not hurt however, you need to show that you are NOT YET ready to immigrate and that you will respect the terms of the visa, e.g. you still have a good job back home, you still have property, a rent etc. They can issue the B1/B2 and often do, however, it is slightly less likely. You can only lose the visa fee, so prepare strong ties back, make sure to explain why you are not ready to immigrate YET and it could work out....50 to 50 chance in my opinion.

[SnakeBite 3]

This was my case which was posted here:

Applying for a B1/B2 will not hurt however, you need to show that you are NOT YET ready to immigrate and that you will respect the terms of the visa, e.g. you still have a good job back home, you still have property, a rent etc. They can issue the B1/B2 and often do, however, it is slightly less likely. You can only lose the visa fee, so prepare strong ties back, make sure to explain why you are not ready to immigrate YET and it could work out....50 to 50 chance in my opinion.

Thanks for the responses, both. Much appreciated.

I think we'll try it since we already have tickets and we don't have any other meetings scheduled after this August...although my wife is still a bit hesitant because, even though a denial wouldn't affect the CR1/IR1 visa process she doesn't want to have this potentially be a negative mark in the future when applying for visas for other countries. (Which may ask questions like "Have you ever been denied a visa in any country...?")

Will be sure to update the thread in Sept/Oct based on our results

[grhahaha 0]

I live in Windsor Ontario, border city with Detroit Michigan. We filed around October of 2014 and I cross over almost every weekend to visit.

I was so terrified the first time I crossed after we got married, as I wasn't sure what they would say. I think it comes down to " is the officer convinced that you will return to your home country"

Typical questions are always

- Where are you going - I Say to Visit my Husband

- How long will you be here - I say 1-2 nights

- Who is moving where? - I say I am in the one who has applied and we are currently in the process

- They sometimes ask where the process is at - So i have given updates of the status

- They have asked me once if i had any proof of process, i didn't at the time. I had an email from NVC that i showed them and they were ok with that. They told me i should carry something for future reference.

We commuted back and forth for 3 yrs before we got married, and maybe they are seeing these records and have no doubt that I will continue returning to Canada until i am able to legally live in the US.

I hope it helps as i would have loved to know this info when i was a nervous wreck.

[jameswhunt 12]

Need a little advice...

We just passed 5 months of processing since NOA1 and are waiting on NOA2. It has been a year since Rebecca has been to the United States, but I have been up in Canada for a while. I am purchasing a home in Florida and will be heading back down there this month. Rebecca wants to travel to the United States to visit me after receiving NOA2 to wait out the rest of the process (and then fly back to Canada for her medical and interview).

What are your thoughts? I have seen a lot of people say that they have visited their spouse for 90 days. Do you think she would be accepted if she books a flight and tells the custom's agents that she's visiting her husband for 90 days and then flying back? Or is that too long of a stay? Should she make her trip for a shorter amount of time?

[grhahaha 0]

Need a little advice...

We just passed 5 months of processing since NOA1 and are waiting on NOA2. It has been a year since Rebecca has been to the United States, but I have been up in Canada for a while. I am purchasing a home in Florida and will be heading back down there this month. Rebecca wants to travel to the United States to visit me after receiving NOA2 to wait out the rest of the process (and then fly back to Canada for her medical and interview).

What are your thoughts? I have seen a lot of people say that they have visited their spouse for 90 days. Do you think she would be accepted if she books a flight and tells the custom's agents that she's visiting her husband for 90 days and then flying back? Or is that too long of a stay? Should she make her trip for a shorter amount of time?

Hmm

I am not sure what the limit is for length of stay, but i have been told by border officers before that the combined number of days spent in the US must not exceed 6 months.

The fact that she will have a round trip ticket, along with the knowledge that she has to return to Canada for her medical and Interview should be supportive enough.

Also, proof of Ties in Canada like recent letter from employer or copy of lease/rental agreement will help.

I wouldn't come right out and say she's just going to wait out the process.. but say she wants to visit and be there to help you with your home purchase and plans on returning.

They have also told me before that i should not start bringing over any personal property in preparation for moving. So i always bring what i need and then bring it back to Canada.

Obv your wife can bring more stuff since she intends on staying longer, but it should just be personal belongings, nothing that will make them think she's already starting to move