Visiting Visa While IR1-CR1 Is Pending

[Gargalmon22 13]

As promised, my experience at POE Las Vegas today.

We sent our I-130 in early February so we still have a long wait ahead of us. I am visiting for a week and I am from the UK, a VWP country.

I flew from London to Stockholm with BA using air miles and then took Norwegian from Stockholm to Las Vegas. I paid £107.40 each way - that's the reason I went this way.

I had to use the restrooms as soon as we landed so when I reached immigration there were already a lot of people in front of me. By the time I got to the front of the line, the desks handling USCs had finished the USCs and so visitors were directed to these desks. I was sent to one of the USC desks.

It was probably my worst ever POE experience. I don't know if I got someone who was having a bad day, or has something against British people or what. Anyway, it went like this.

Me: Hello (putting passport and customs form on the counter)

Officer: (looking at the passport cover) So which country are YOU from? (Perhaps understandable as almost all of the passengers were Swedish)

Me: I'm from the United Kingdom

Officer: And you're going to... (looking at the address on the customs form and read out the city and state given)

Me: Yes

Officer: And what's in xxxx (city and state)?

Me: My husband

Officer: What is he doing in xxx (city and state)

Me: He lives there. He's a US Citizen

Officer: He's a US Citizen?

Me: Yes

Officer: And is he planning to immigrate you on this visit?

Me (somewhat taken aback) No, no.

Officer: And how long have you been married?

Me: A year and a half

Officer: Did you get married in xxx (city and state)?

Me: No. We got married in zzz (different city, same state)

Officer: And when was that?

Me: September 27, 2014

Officer: So he is planning to immigrate you on this visit, isn't he?

Me: No.

Officer: How long are you staying?

Me: One week.

Officer: Let me see your return reservation.

Me: (showing him the paperwork) Here's my reservation back to Stockholm and then here's my ticket from Stockholm to London.

Officer (looking at the travel paperwork) When were you last here?

I wasn't sure how to answer that. "Here" as in "this airport" or "here" as in "the country"?

Me: At Christmas.

Officer: How long did you stay?

Me: 2 weeks

Officer: what job do you do at home?

Me: I'm a xxxxx

Officer: How long did you stay last time? (Second time has asked this)

Me: Two weeks

Officer: And when was that?

Me: Christmas

Officer: What date did you enter?

Me: December 15

Officer: What job do you in the UK? (Second time he has asked this)

Me: I'm a xxxxx

Officer: Do you work for yourself or for a company?

Me: For a company

Officer: I want to know why you didn't fly direct from London to Seattle.

Me: This route is less than half the cost.

Officer: (studying the customs form again and starting to get a bit short with me) So your husband has no plans to immigrate his wife?

Me: Not yet.

Officer: Not yet?

Me: No

Officer then asks me for finger prints and photo. Stamps passport, puts it on the counter and keeps his hand on it. I don't touch it.

Officer: How much cash have you got with you?

Me: Cash? Not much cash money. About $20 but I have my debit card and my credit card with me. I don't like to carry cash in crowded areas like airports.

Officer (pushed passport towards me) Thank you.

Me: Thank you.

The whole way through I had the impression he didn't believe anything I said. I don't think he believes I have a husband here. I think what convinced him I was telling the truth was my lack of luggage (carry-on only - if I was planning to stay I wouldn't get very far with that) and that I said I have my debit card and credit card wth me - indicating those accounts are still active at home.

It was very disappointing after over 40 entries with no problem at all. I have never stayed longer than 3 weeks. I could understand if if this was my first time or if I had a pattern of 90-day (or close to 90-day) stays or appeared to be spending longer in than out. I have always left exactly when I said I would. This is my 10th visit since we married and the first time it has been suggested that I might be trying to stay. First time I've been asked about money or previous stays. There was a point where I thought I was going to be refused. I don't know why some questions were asked twice. To see if I'd answer the same way? Because he didn't know what else to ask?

This was Las Vegas. I'm wondering if I'd said I was here to watch strip shows, drink and party whether that would have been better. Guaranteed someone on my plane came here just for that.

I'm very well spoken thanks to a private education on scholarship. I'm very polite. Like most people after a long fight I looked like something from a zombie film but I was reasonably well dressed.

It's a mystery to me why it went like this.

Im sorry for your experience. Maybe he was having doubt. I returned this week from my husband stayed for 2 months. The POE officer at JFK was much totally okay. Dky he did that even when u beling to WVP country.

[Mrs Rogers 3]

Oh man.

I just got my leave approved at work - 2 months!!!! I am planning on visiting my husband in September on the VWP!!

I am so nervous about this. I have read this whole thread, so thank you to everyone for sharing their experiences. There's not much I can do right now, except start getting my documents together. We just sent our I-130 so we should have my NOA2 by the time I fly out, it's not a big deal if I dont.

Man. I know I'm going to overthink this. And be all nervous arghhhh. I have nothing to be neevous about - as long as I tell the truth, it's all good. Still! 2 months is a while. I'll let ya'll know how I go haha x

[Kallen 0]

I have gone to the US every weekend since I received my noa1 in April ... My first time crossing was awful the boarder guy made me feel like everything I knew was wrong then made me pay 6$ for a b2visa said if I didn't come back MY petition would be canceled..he questioned me for 2 hours!!. .at that point I was just thankful he let me cross. When I went to cross again it was a whole new ball game!! The officer was amazing he looked in to my crossing the last time apologized for how the other officer treated me gave me a complaint card an the guys name to file a complaint about! Told me it was illegal for him to even give me the visa that he broke the law! Even refunded me my 6$ back! He thanked me for doing things the right way an sent me on my way!! I have crossed 4 more times since then an have had a great experience!!

[Gargalmon22 13]

Want to visit my husband again. But I'm so scared that POE officer wont let me in because i returned on May 23rd. But I'm planning to go after 23rd July. ??

[Kallen 0]

Want to visit my husband again. But I'm so scared that POE officer wont let me in because i returned on May 23rd. But I'm planning to go after 23rd July. ??

You should be fine I literally go every 4 days for 3 days at a time ...I am living in Canada work Mon to Thursday go an visit every Friday Saturday and Sunday

[Gargalmon22 13]

You should be fine I literally go every 4 days for 3 days at a time ...I am living in Canada work Mon to Thursday go an visit every Friday Saturday and Sunday

I guess Canada is looked upon in some otherway than India ? Always worrying they will stop me and nvr let me in. Thanks for the encouragement hopefully they let me in if I try

[AstroCanada 206]

I guess Canada is looked upon in some otherway than India ? Always worrying they will stop me and nvr let me in. Thanks for the encouragement hopefully they let me in if I try

Even as a USC, they can occasionally get someone just as mean as at other posts. The one advantage is that you can get Nexus for travel between the US and Canada...I have to say as an American living in Canada, that's about the best $50 ever spent.

One relevant question for this thread. I couldn't find anywhere that or my spouse needed to update our Nexus records for either marriage or for the spousal petition. Anyone have any experience with this?

[Ryan H 3,812]

One relevant question for this thread. I couldn't find anywhere that or my spouse needed to update our Nexus records for either marriage or for the spousal petition. Anyone have any experience with this?

~~~Please start your own thread in the applicable forum for this query. Whether or not it's necessary to update Nexus records is a separate topic.~~~

[pinkpaws 5]

Opinions please.

I went to the US to visit my then boyfriend last year. We got married (on my tourist visa) and I flew back to Malaysia within 6 months (I was also expecting our child then and was planning to deliver in Malaysia). Now that my son is born (he has received both his CRBA and US passport), I am planning to fly back to the US to help my husband out with the CR-1 paperwork because truth be told, my husband is hopeless with paperwork and he works 12 hours everyday, 6 days a week so has practically no time to sit down and get our paperwork done. I plan to return to Malaysia after 2 months and then have him file the CR1 petition after we leave.

Does anyone see any issues with this? Is it possible to visit pre-CR1? I will have all necessary documents to show my ties back home.

Many thanks.

[Ryan H 3,812]

Opinions please.

I went to the US to visit my then boyfriend last year. We got married (on my tourist visa) and I flew back to Malaysia within 6 months (I was also expecting our child then and was planning to deliver in Malaysia). Now that my son is born (he has received both his CRBA and US passport), I am planning to fly back to the US to help my husband out with the CR-1 paperwork because truth be told, my husband is hopeless with paperwork and he works 12 hours everyday, 6 days a week so has practically no time to sit down and get our paperwork done. I plan to return to Malaysia after 2 months and then have him file the CR1 petition after we leave.

Does anyone see any issues with this? Is it possible to visit pre-CR1? I will have all necessary documents to show my ties back home.

Many thanks.

I don't see a problem with this.

[mallafri76 1,012]

Man. I know I'm going to overthink this. And be all nervous arghhhh. I have nothing to be neevous about - as long as I tell the truth, it's all good. Still! 2 months is a while. I'll let ya'll know how I go haha x

Human nature... Even when I was flying over with my immigration visa in hand, I was worried they were gonna change their mind and send me back to Sweden. Turns out I had nothing to worry about, CBP didn't ask me a single question. And I'm sure you have nothing to worry about either. Just prepare your documents and plan your two month trip. Sounds like you're gonna have a blast.

[mallafri76 1,012]

Opinions please.

I went to the US to visit my then boyfriend last year. We got married (on my tourist visa) and I flew back to Malaysia within 6 months (I was also expecting our child then and was planning to deliver in Malaysia). Now that my son is born (he has received both his CRBA and US passport), I am planning to fly back to the US to help my husband out with the CR-1 paperwork because truth be told, my husband is hopeless with paperwork and he works 12 hours everyday, 6 days a week so has practically no time to sit down and get our paperwork done. I plan to return to Malaysia after 2 months and then have him file the CR1 petition after we leave.

Does anyone see any issues with this? Is it possible to visit pre-CR1? I will have all necessary documents to show my ties back home.

Many thanks.

As long as you have a valid visa, it's not a problem. Many of us do it this way, fly over to visit and start the paperwork before flying back home. My husband is horrible with paperwork too. He says it's a man thing. I visited many times before, during and after NOA2 for the I-130.

You can file the I-130 while you're in the US visiting but my husband and I decided to wait until I had left the US because of the question "is your spouse currently in the US". We didn't want them getting confused and thinking we were adjusting status or something.

Edited June 14, 2016 by mallafri76

[Bee1982 0]

Hi I visited at least 2 times before my interview. I flew from the Netherlands via Atlanta to Lafayette. I had no problems getting in at all.

Just in case, I had some documents with me to show to the immigration officer. But I was never asked to show them.

I had a letter from my employer, a return ticket and a letter from nvc with my interview date. I also printed out a text from the website of the Dutch consulate that stated that you are allowed to travel during your visa procedure. But only for visits.

By the way my interview was jun 16 2016, now waiting on my documents to return to me.

[Masa Martinovic 0]

Hi there,

My husband is a USC and I am South African. We are filing the I-130, and I have a Tourist Visa for the States valid until 2023. We are desperate to see each other, and I want to visit during the pending process. I am living at home with my parents, I had sold my car to pay for everything, and I am a freelance designer, but getting a permanent job in the next week. As soon as we file, can I visit the US? We are just average Joe's, saving up any money we can because this process is so expensive, so I would like to buy a ticket for 3 months and see if I can't request 6 months at the border and adjust my ticket accordingly so that at least it's a bit of a lengthy time together. Will they grant me this?

So to sum up my questions:

- Can I visit on my tourist visa? (My country is not on the VWP country list)

- What are the chances they'll extend my stay for 6 months again?

- If I live at home, have no car, but have a letter from an employer, will that do? If not, any ideas on what else I could show as proof of return apart from my return flight ticket and employment letter?

Thank you,

Masa

[negmatic 7]

Hi Everyone,

I will be travelling to the US for business (2-3 days max) under visa waiver program.

We have an ongoing IR-1 are filing from abroad and our case is at the NVC.

Any recommendation about precautions that I should take to have a smooth POE experience (Detroit or Chicago).

It will be my first trip since we started the immigration process.

Thanks!