Visiting Visa While IR1-CR1 Is Pending

[Gargalmon22 13]

So if it's possible to visit the US while your application pending, that means they don't cancel the Tourist Visa when you file the I-130? The office translating our documents into English mentioned to us that my wife's 10-year visa would be canceled once we submitted the I-130. (That office is also an agent for visa applicants, but we're using them just for translation.) My wife has kept a 10-year Tourist Visa in her passport for a couple of decades now. Hate to see that canceled until we have a firm Immigrant Visa.

No how can tourist visa will be cancelled??? You can visit while pending.... Don't know how can they say that.

[Miki28 91]

So if it's possible to visit the US while your application pending, that means they don't cancel the Tourist Visa when you file the I-130? The office translating our documents into English mentioned to us that my wife's 10-year visa would be canceled once we submitted the I-130. (That office is also an agent for visa applicants, but we're using them just for translation.) My wife has kept a 10-year Tourist Visa in her passport for a couple of decades now. Hate to see that canceled until we have a firm Immigrant Visa.

Call USCIS, they will provide accurate information. Would you rather believe some Office that is translating your document or USCIS? No one will cancel her visa for pending I-130 petition. However the last word has CBP whether they let you in or not. The only tricky part is that minimum people get tourist visa while being in process. So if you started the process and your SO applied chances she would get visas would be slim to none unless she convinced officer that she doesn't want to immigrate on these visas. But then even if visa were issued, it's up to the immigration officer in the end whether she will be allowed to enter.. my friend travels on Esta to see her husband ALL the time, I do the same on B2. No issues whatsoever.

[Ryan H 3,812]

Call USCIS, they will provide accurate information. Would you rather believe some Office that is translating your document or USCIS? No one will cancel her visa for pending I-130 petition. However the last word has CBP whether they let you in or not. The only tricky part is that minimum people get tourist visa while being in process. So if you started the process and your SO applied chances she would get visas would be slim to none unless she convinced officer that she doesn't want to immigrate on these visas. But then even if visa were issued, it's up to the immigration officer in the end whether she will be allowed to enter.. my friend travels on Esta to see her husband ALL the time, I do the same on B2. No issues whatsoever.

Regarding the sentence in bold and red, the USCIS information line is often called the misinformation line on VJ for a reason, they often provide inaccurate information, not the other way around.

USCIS is not the place to call with visa questions, that's best left to either Embassies or Consulates which issue them. Questions about being allowed entry need to be directed to CBP.

[Siam Sam 6]

Thanks all. I now figure my wife misunderstood. At least, I hope so for the sake of that office's clients.

[mallafri76 1,012]

Thanks all. I now figure my wife misunderstood. At least, I hope so for the sake of that office's clients.

The tourist visa will be cancelled once the immigration visa is approved and printed. Perhaps that's where the misunderstanding/miscommunication lies?

[Siam Sam 6]

The tourist visa will be cancelled once the immigration visa is approved and printed. Perhaps that's where the misunderstanding/miscommunication lies?

That's what I figure. Bur we filed and no one canceled her Tourist Visa.

[Bn&Dw 1]

Hey everyone!

I am planning on visiting my husband in April. I will stay for 3 weeks. We just received the NOA1 and we were sent to Nebraska, so it might take a while and I don't think that I could cope without seeing my husband for so long.

I currently live in the UK and have a permanent job here. I also have a lease for a house. I am not intending on staying any longer than 3 weeks. The last time that I saw him was in November and I just wanna spend some time with him in April. I can travel on ESTA as Belgium is part of the VWP but I know that this is a huge risk to take though as 3 weeks can seem very long to some people. I feel like it is almost illegal to see your spouse while the CR1 visa is pending.

Any advice on my travel plans?

[JFH 12,190]

Until you get the the NVC stage the officers at the airport won't even know you're in this process unless you tell them. They don't have your passport details yet.

Be truthful. But don't volunteer any information that was not asked. I am also visiting in April and not concerned at all.

[Bn&Dw 1]

Until you get the the NVC stage the officers at the airport won't even know you're in this process unless you tell them. They don't have your passport details yet.

Be truthful. But don't volunteer any information that was not asked. I am also visiting in April and not concerned at all.

Thank you for this information. I will be honest though. Is it illegal to visit him during the NVC process then?

[mallafri76 1,012]

Thank you for this information. I will be honest though. Is it illegal to visit him during the NVC process then?

Nope, the DS-260 is just the first time you give your passport number and CBP can see that you're going for an immigration visa. You can still visit, at the discretion of the CBP officer at POE.

[Pkr 21]

If asked whom I am visiting .. I will be saying my husband .. is it ok if we show the NOA1 which shows that we are following the correct process and the intention is just to visit .

I was in US last year for about 5 months on B2 but was not married at that time as I was between jobs . So would it be a problem if I try to go again this year for about a month.

[Wenche&Jason 8]

Visited my husband for 3 weeks in January 2015,.. Immigration officer had only 2 questions for me: Where are you going,..and how long are you staying. I had prepared for severe questioning, but no problem what so ever. We're still waiting for the visa approval,.but hope I'll be able to move some time this year.

[imprezaowner27 8]

I know this has probably been asked but this only applies to VWP countries correct?

I read the fist few pages and then the last few but cant go through all of them.

My wife is in brasil and I visit her 3 times a year...i suffer from claustrophobia and motion sickness so sitting in a plane for 10 hours really makes me ill, having her visit me sometimes would be much preferred.

thank you!

[Ryan H 3,812]

I know this has probably been asked but this only applies to VWP countries correct?

I read the fist few pages and then the last few but cant go through all of them.

My wife is in brasil and I visit her 3 times a year...i suffer from claustrophobia and motion sickness so sitting in a plane for 10 hours really makes me ill, having her visit me sometimes would be much preferred.

thank you!

She can visit you if she can obtain a B2 visa.

[Pkr 21]

This is applicable for B2 as well