Visiting Visa While IR1-CR1 Is Pending

[pinkpaws 5]

Hi,

Just sharing my experience today (just arrived the US this morning and got in fine). I am a Malaysian holding a B1/B2 visa. Arrived this morning with my family (including my USC husband) and was told we could all go through immigration together.

Questions asked:

(1) What are your relations? (we're married)

(2) How long have you guys been married for? (since Nov 2015)

(3) How long will you be here for? (2 months)

(4) Do you have any ongoing immigration process? (Ongoing no, but we are starting one soon)

At that point he also asks if I have a return ticket (yes) and asks to see it. After checking it, he gives the OK and stamps a 6 month stay allowance in my passport

[USandMalaysia 6]

Hi,

Just sharing my experience today (just arrived the US this morning and got in fine). I am a Malaysian holding a B1/B2 visa. Arrived this morning with my family (including my USC husband) and was told we could all go through immigration together.

Questions asked:

(1) What are your relations? (we're married)

(2) How long have you guys been married for? (since Nov 2015)

(3) How long will you be here for? (2 months)

(4) Do you have any ongoing immigration process? (Ongoing no, but we are starting one soon)

At that point he also asks if I have a return ticket (yes) and asks to see it. After checking it, he gives the OK and stamps a 6 month stay allowance in my passport

Thank you for sharing your experience!

[Skeiamn 24]

I'm traveling tomorrow. I've had my tourist visa fr 2013. I normally travel during September for my birthday and this time want to travel to spend my birthday with my husband. I have my graduation attending letter in October, the hotel itinerary, flight itinerary, job contract, Copy of my leave forms fr my supervisor and my noa1 and noa2. Will update u guy tomorrow

[dreamzunlimited 16]

I would like to add that you can also apply for or renew a tourist visa when you have immigration pending, with the same considerations above.

If the visa expires whether it is tourist visa or any other category, it can not be renewed. The visa application process has be started afresh.

[Skeiamn 24]

I'm traveling tomorrow. I've had my tourist visa fr 2013. I normally travel during September for my birthday and this time want to travel to spend my birthday with my husband. I have my graduation attending letter in October, the hotel itinerary, flight itinerary, job contract, Copy of my leave forms fr my supervisor and my noa1 and noa2. Will update u guy tomorrow

Hey guys, I made it. With ease. He just asked me to put my fingers on the scanner and look into the camera, then have a great stay. Was normal as all my previous times traveling to the U.S. Maybe it's because I have stamps in my visa fr 2013

[SarahLil 0]

Thanks for your patience in reading/replying if this exact scenario has been asked before (I haven't seen it posted).

My fiance and I will be getting married shortly, and filing for a CR-1 Visa.

He lives in Bellingham and I live right across the border in White Rock (20 minutes apart with a border between). Once the CR-1 has been approved and I have conditional status, I will move to Bellingham and continue working in Canada for a year or so (it's the right career move, and I am aware of potential tax implications).

My question is, once the CR-1 has been filed and is in process, I would like to go back and fourth frequently, spending the night half the week in Bellingham. I would ensure I don't surpass the 182 nights permitted to Canadians, but am wondering if anyone has done this and had issues with crossing that frequently.

To be clear, I would be working in Canada, have a permanent home in Canada, and spending a few nights a week at home in Canada. I would also be spending a few nights a week in Bellingham, commuting to work across the border, but less than 182 days/nights in a year. This would allow us to almost 'live' together while we wait the 5-ish months for the CR- approval.

Logically, I don't think there is any legal issue, but I know the border control has the ability to stop me, and I'd like to know if anyone has done something similar.

Thank you.

[USandMalaysia 6]

Hi all,

Wanna share my experience at Chicago airport today. This is my first entry but I got my B2 in 2015. I was travelling with my son (Dual citizenship) today.

Below are the questions i was asked:

1) What is the purpose of your visit (To visit my husband)

2) How long you have been married (6 years)

3) You dont intend to immigrate? (Yes, we have ongoing application and hopefully it will be approve soon)

4) How old is your husband (32)

It was quick. Did the fingeprints and he stamped my passport.

[Ketsuban 1,034]

Thanks for your patience in reading/replying if this exact scenario has been asked before (I haven't seen it posted).

My fiance and I will be getting married shortly, and filing for a CR-1 Visa.

He lives in Bellingham and I live right across the border in White Rock (20 minutes apart with a border between). Once the CR-1 has been approved and I have conditional status, I will move to Bellingham and continue working in Canada for a year or so (it's the right career move, and I am aware of potential tax implications).

My question is, once the CR-1 has been filed and is in process, I would like to go back and fourth frequently, spending the night half the week in Bellingham. I would ensure I don't surpass the 182 nights permitted to Canadians, but am wondering if anyone has done this and had issues with crossing that frequently.

To be clear, I would be working in Canada, have a permanent home in Canada, and spending a few nights a week at home in Canada. I would also be spending a few nights a week in Bellingham, commuting to work across the border, but less than 182 days/nights in a year. This would allow us to almost 'live' together while we wait the 5-ish months for the CR- approval.

Logically, I don't think there is any legal issue, but I know the border control has the ability to stop me, and I'd like to know if anyone has done something similar.

Thank you.

I think you would be walking a very fine line. You should be careful if you want to do that, especially since you admit your permanent home will be in Canada, not the US. The whole point of the CR-1 is to live permanently in the US. Don't be surprised if one day they confiscate your Green Card and you end up before a judge. Not to say that's what will 100% happen but you should be prepared.

[Mercedes428 1]

I would like to add that you can also apply for or renew a tourist visa when you have immigration pending, with the same considerations above.

Isn't harder to get a tourist visa with a pending application?

[Michael2017 368]

Hi everyone,

we have recently filed the I-130, and I am from a Visa Waiver. Considering that my spouse is only a LPR, we cant adjust status in the USA in any case.

However, what would the people with most experience consider as 95% save for staying in the US with ESTA?

I assume 3 months in, 3 months out, e.g. 6months in per year will look suspicious after the 2. entry and even more time than 3 months should pass before re-entering? Or, is 3m in, 3m out a perfectly good solution? I have perfect ties to my home country and lots of proof to show (business in home country, own property etc.). Thoughts, please?

[usabraz 1]

Hey guys,

So I'm a US citizen and live in Brazil with my wife... I applied for the CR-1 in february... we were able to get through immigration with no problem. I waited in line and we entered together. The airport was SFO (san francisco). The officer asked if we lived in Brazil and what was the purpose of our visit and how long we would be staying. Nothing else. We told him leisure and six weeks.

it's always a relief!

By the way, we brought a bunch of proof of her ties to Brazil. I just left a job and she is unemployed. She has an apartment, a car. I also brought proof of recently paid utility bills of the house we live in. We also have a ticket bought for a trip around south america in late May. We didnt have to use any of this,

Did she take the proof of her ties to Brazil in portuguese? or translated?

[BackWhereIBelong 2]

I am a bit worried - CR1 process started about a month ago while wife was and still is out of the country.

She will visit in a few weeks on ESTA VWP as a tourist.

She bought a round-trip ticket where she returns on Day 90.

While that is within the limit, I would have preferred she scheduled her return a couple of weeks earlier. To change the flight costs a lot, so wanted to check here if this will compromise her entry to the US.

[KierenHby 899]

I am a bit worried - CR1 process started about a month ago while wife was and still is out of the country.

She will visit in a few weeks on ESTA VWP as a tourist.

She bought a round-trip ticket where she returns on Day 90.

While that is within the limit, I would have preferred she scheduled her return a couple of weeks earlier. To change the flight costs a lot, so wanted to check here if this will compromise her entry to the US.

Entry not an issue, but exit on day 90 could be problematic if a host of issues collide.. flight cancellations, bad weather, medical issues, etc. Preferable to leave margin for error. Vaguely recall a posting or two here some months ago about unknowingly leaving on day 91 and issues with future entry.

[BackWhereIBelong 2]

Why do some people get a 6-month visa? ESTA gives 90 days

Hi,

Just sharing my experience today (just arrived the US this morning and got in fine). I am a Malaysian holding a B1/B2 visa. Arrived this morning with my family (including my USC husband) and was told we could all go through immigration together.

Questions asked:
(1) What are your relations? (we're married)
(2) How long have you guys been married for? (since Nov 2015)
(3) How long will you be here for? (2 months)
(4) Do you have any ongoing immigration process? (Ongoing no, but we are starting one soon)

At that point he also asks if I have a return ticket (yes) and asks to see it. After checking it, he gives the OK and stamps a 6 month stay allowance in my passport

[Ketsuban 1,034]

Why do some people get a 6-month visa? ESTA gives 90 days

I don't think Malaysia is a VWP country which is why that poster has a B1/B2 visa