Visiting Visa While IR1-CR1 Is Pending

[Groogrux108 14]

Hi groogrux108,

Well yes she can visit but as in earlyr comments bring evidence that she go's back.

Second quote, no she can not stay 6 months only 2 time 3 months in one year so for example jan,feb,march and juli,okt,and august. But dont do this while cr1 is pending keep the holidays short like 4 weeks or max 6 weeks. They dont really like it if she stays 3 months while cr1 is pending.

Ow and btw, reminder to everybody!!!

if you want to stay longer then 4 weeks uscis wants u to change adress

to where u stay and for how long file AR-11 form or go to uscis site for change of adress

The B-1 visa allows for a period up to 6 months, and you can apply for a longer period (by the end of the 6 -month period she would have a CR-1 in course so we wouldn't be allowed an extension.).

Why do you think this would be a problem if on the first visit she wouldn't go with a pending CR-1, I would apply after a couple of weeks in the US (after I get settled)... In this case she entered the US without a pending CR-1. I think I read somewhere here that this is OK?

[robrom123 7]

Yes on a b1 she can stay 6 months but u can not apply i think for a cr1 if u have a b1 wile stay in the usa, you might want to call uscis for this because i dont know how it works with a b1. with a vwp she can enter 2x 3 months as long if u dont have emigration

[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.

Thought I'd provide an update, for those of you in a similar situation to my wife and I.

My wife had her tourist visa interview this morning and was approved.

She brought up that she will be visiting her husband, and that she has an immigrant petition filed and is now at NVC. Otherwise the questions were the regular ones, and the officer didn't ask to see any documents. The officer did say that my wife may be questioned at the border, and to be prepared.

No other issues. Despite the warnings I've seen online and trying to mentally prepare for a rejection, I really wouldn't have understood a rejection. She has a strong visit history to the US and other countries, has worked for a very well-known company with a good salary for many years, has visited the US on a visa since our marriage (albeit with me...but her last visa expired AFTER we started the CR-1 process), and we are undergoing the proper immigrant visa process for a reason. Of course she doesn't want to stay in the US and jeopardize both her current job and future employment/US opportunities.

[anamaral 4]

I visited in a B1/B2 visa for 5 weeks, all went well. I took evidences of my ties to Brazil but it wasn't necessary

Good luck!

I tried reading through this - it's quite long! But there is a commonality here, which is that most people are from either Canada or a VWP country. But I'm interested in flying my husband out (NOT from a VWP country) for a visit (1.5 months). He already has a tourist visa. We have filed and received NOA1, but haven't gotten much farther. He is unemployed and living with his parents (so we wouldn't be able to show rental or employment letters at POE). Like everyone else on this, I'm worried about him getting through immigration. Thoughts??

[Jovi&James 14]

Hi !

Just to share my experience...I'm visiting my husband in California right now.

I arrived to LAX last Saturday and I prepared with my UCSIS approval, marriage certificate, proof of my return ticket and NVC letter (they're reviewing our case to get the CC and interview in my country) but I didn't need anything. ..

The officer at customs was very kind and only asked me:

- Reason of visit: husband's birthday

- Does he live / work here? Yes, he's citizen

- Why I don't live here with my husband yet: Because we're waiting the NVC to give our case complete and interview.

He replied: oh ! All that about NVC takes time ... and I got the entry.

So, yes, you can visit without any problem.

I will leave tomorrow because my mom's birthday is in few days but we're having a great time together!

[Groogrux108 14]

Hi !

Just to share my experience...I'm visiting my husband in California right now.

I arrived to LAX last Saturday and I prepared with my UCSIS approval, marriage certificate, proof of my return ticket and NVC letter (they're reviewing our case to get the CC and interview in my country) but I didn't need anything. ..

The officer at customs was very kind and only asked me:

- Reason of visit: husband's birthday

- Does he live / work here? Yes, he's citizen

- Why I don't live here with my husband yet: Because we're waiting the NVC to give our case complete and interview.

He replied: oh ! All that about NVC takes time ... and I got the entry.

So, yes, you can visit without any problem.

I will leave tomorrow because my mom's birthday is in few days but we're having a great time together!

Wonderful!! Very happy for you! It does seem to be easier to enter once processes are at NVC stage.

[Slcm52414 0]

One of the most regularly created threads in this section is "Can I visit the US while my application is pending?" So I thought I'd create a thread on it with the aim of reducing clutter and having all of the information in one place. Currently there are hundreds of individual threads in this section on the question!

The simple answer to this question is that if you are from a VWP country or have a tourist visa yes, you are allowed to visit while your visa is pending, but you may well face extra scrutiny because of the pending CR1/IR1. The CBP officer at your point of entry has the final say on whether you will be admitted. If he/she feels that you are not going to return home then they may deny you entry to the United States. It's up to you to convince the officer that you will return home. Make sure you only answer what you are asked and never lie to the officer.

Sometimes you will get asked for proof of ties to your home country to help convince the officer that you are going to return home after your visit. Great examples of ties to your home country include:

- A letter from your employer stating when you are expected to return to work

- If you are in school/college instead of work evidence that you are studying in your home country

- A copy of your NOA1 to show you are following the process legally

- A printout of your flight itinerary showing your return flight home

- Evidence of ongoing home ownership/rental in your home country

Nobody wants to be turned back at the airport/border. Every visit is different depending on your circumstances (amount of previous visits and length of visit etc) and the CBP officer you get at the point of entry. Why not share your experience here as the visit can be stressful and it's great for people to see others previous experiences. Have you ever been denied and why? What questions have you been asked?

so is my husband able to apply for a tourist visa while his case is pending. i am about to head back home to work cuz of no sponsor. i just found out that we are expecting our first child. Is he able to apply for a visitor visa to visit me when the baby is born or will he be stuck in egypt until the spousal visa gets approved?

[Ryan H 3,834]

so is my husband able to apply for a tourist visa while his case is pending. i am about to head back home to work cuz of no sponsor. i just found out that we are expecting our first child. Is he able to apply for a visitor visa to visit me when the baby is born or will he be stuck in egypt until the spousal visa gets approved?

He can apply for a tourist visa while the immigrant visa case is pending. However, the likelihood of him being granted one is next to nil.

[Frankjavir 55]

My wife and I were very worried about she visiting me from Colombia (none VWC) with her B1/B2 obtained many years ago prior to our marriage and CR1 filing.

I am very pleased to inform you guys she made it yesterday at POE Miami.

The CBP was very nice and polite.

He asked very specifically who she was visiting, she answered "my husband".

He ask her when will she establish residence in USA, she replied "after the CR1 is approved and she liquidate her business in Colombia".

He asked how long we know each other, when we married and how many times she visited USA before.

He welcome her and congratulate her for our recent wedding.

[marisanunes87 0]

hi everyone,

our case is generally much like all others here.... I am a US citizen, with two US citizen children living in the US since early august... husband stayed behind hoping it would not take long.

Case at NVC now, Affidav received on 30 Sept, DS-260 done on 5 october and no word so far on case....

Embassy in Paris approved expedite as soon as NVC completes case.... we are certainly looking at more than another month before the interview is even scheduled...... pretty desperate.... kids miss their dad....

MY QUESTIONS:

Will it jeopardize the case in any way to try and come to visit for a month or so until new development comes, even if they do not let him in?

What can be the grounds on denying a visit to his wife and children? He just wants to wait out the process here with us, plus he would save me a bundle of money on child care which I am paying cause I have no before and after school care......

What happens if they deny entry? will he be sent back that day? will he at least get to see the kids if they are outside in the airport? :(

Should we risk it??? how are the odds for us?

thank you for your opinions..............................

He has done his vaccines and is only missing his physical....

[anamaral 4]

I visitei my husband in the U.S. While waiting for case complete (my report is a few pages back). No problem at all. Had all documents to prove my ties w/ my country but wasn't requested. If they don't allow him to enter (seriously, based on the reports we see here it doesn't happen very much - but is a possibility so, be prepared!) I don't know exactly how it happens (I've never been denied entry) but I think - I think! - he wouldn't even pass immigration so probably not be able to see the kids (kids outside in the airport, in U.S. Territory, if somebody is not allowed to enter in U.S. Territory so..). Anyway, as far as I'm concerned, it shouldn't bring any problem to your case. The border officer wants to be sure he will go back to his country and not overstay in the U.S., so taking apartment/house lease; job letter, those things usually helps. Also, people say to take your noa1/noa2 if possible to prove your already trying to move "in legal ways", which basically means "why would I try to stay illegally?". We never know exactly what they'll ask. Better safe than sorry

We can't tell what will happen, or tell you if it's worth the risk (it's a family decision). I took the risk and it was amazing, I got to spend 5 weeks with my husband with my tourist visa and I had a CC by the time I came back. We can share our experiences and wish the best of luck!! :) it's a difficult process, specially with small children

Best wishes!

hi everyone,

our case is generally much like all others here.... I am a US citizen, with two US citizen children living in the US since early august... husband stayed behind hoping it would not take long.

Case at NVC now, Affidav received on 30 Sept, DS-260 done on 5 october and no word so far on case....

Embassy in Paris approved expedite as soon as NVC completes case.... we are certainly looking at more than another month before the interview is even scheduled...... pretty desperate.... kids miss their dad....

MY QUESTIONS:

Will it jeopardize the case in any way to try and come to visit for a month or so until new development comes, even if they do not let him in?

What can be the grounds on denying a visit to his wife and children? He just wants to wait out the process here with us, plus he would save me a bundle of money on child care which I am paying cause I have no before and after school care......

What happens if they deny entry? will he be sent back that day? will he at least get to see the kids if they are outside in the airport? :(

Should we risk it??? how are the odds for us?

thank you for your opinions..............................

He has done his vaccines and is only missing his physical....

[Ryan H 3,834]

hi everyone,

our case is generally much like all others here.... I am a US citizen, with two US citizen children living in the US since early august... husband stayed behind hoping it would not take long.

Case at NVC now, Affidav received on 30 Sept, DS-260 done on 5 october and no word so far on case....

Embassy in Paris approved expedite as soon as NVC completes case.... we are certainly looking at more than another month before the interview is even scheduled...... pretty desperate.... kids miss their dad....

MY QUESTIONS:

Will it jeopardize the case in any way to try and come to visit for a month or so until new development comes, even if they do not let him in?

What can be the grounds on denying a visit to his wife and children? He just wants to wait out the process here with us, plus he would save me a bundle of money on child care which I am paying cause I have no before and after school care......

What happens if they deny entry? will he be sent back that day? will he at least get to see the kids if they are outside in the airport? :(

Should we risk it??? how are the odds for us?

thank you for your opinions..............................

He has done his vaccines and is only missing his physical....

If he is refused entry, he will be sent back on the earliest flight available and he will not be allowed past the inspection point. Such a refusal would not jeopardize the immigration case.

[marina_mars 0]

hi guys!

My husband (U.S. citizen) and I applyed for cr1 2 months ago

i visited U.S. twice with tourist visa so far. Once for 1 month, then i got back and stayed in my country for 5 months and then flew to U.S. again. That time we got married there and i stayed for almost 4 months in U.S. (from June till the end of September) We submitted i-130 and i went back to Russia.

Is there a good chance that they will let me in with my tourist visa in February for example? If i show them some papers like NOA1 (or maybe even already NOA2 ) and marriage certificate?

the problem is that i'm unemployed now but i'm also a student (part-time study) so i can get a document from my University and show a ticket back (we would like to spend like 2 months together)

Also is there any help (except moral support) if we both get back to U.S. after a vacation together in some different country?

so what do you think? waiting and being apart is so terrible..

Edited October 25, 2015 by marina_mars

[Ryan H 3,834]

hi guys!

My husband (U.S. citizen) and I applyed for cr1 2 months ago

i visited U.S. twice with tourist visa so far. Once for 1 month, then i got back and stayed in my country for 5 months and then flew to U.S. again. That time we got married there and i stayed for almost 4 months in U.S. (from June till the end of September) We submitted i-130 and i went back to Russia.

Is there a good chance that they will let me in with my tourist visa in February for example? If i show them some papers like NOA1 (or maybe even already NOA2 ) and marriage certificate?

the problem is that i'm unemployed now but i'm also a student (part-time study) so i can get a document from my University and show a ticket back (we would like to spend like 2 months together)

Also is there any help (except moral support) if we both get back to U.S. after a vacation together in some different country?

so what do you think? waiting and being apart is so terrible..

NOA1, NOA2, and your marriage certificate are useless because they aren't ties to your own country. Entering together after vacationing in another country will not enter into the decision making process on whether or not you should be granted admission.

[Love To Teach 161]

We recently got married in Pakistan and will be applying for our CR1 as soon as the documents are translated, etc. After we file, is there any way my husband could get a visitor visa to come here? My brother has some severe health issues, including MD and heart problems, and I would love for him to meet my husband sooner than later. My husband has 2 businesses in Pakistan, a house, kids, etc., so he has many ties there.

Would we just be wasting our money? Thanks for the info.