Visiting Visa While IR1-CR1 Is Pending

[harryrasul 0]

Hello,

I think my question might be related to this topic. I am currently a U.S Citizen who got married to my fiance(legally in the U.S) in October 2016 in the U.S . However my legal spouse lives in Singapore as she works there currently. I have been putting the paperwork together to file for her Green Card (CR-1) Visa however I am unsure how this will impact her entry to the U.S. She was initially planning to stay in Singapore itself after marriage till her green card got processed and I would stay in the U.S and continue living here. However, it is becoming tough on her and she wants to come to the U.S on her non-immigration visa that she has for 10 years but I believe the caveat for that is she can't stay for more than 6 months. I am thinking of putting her paperwork on hold till she gets here so at least we can be together for 6 months but is there another way she can stay on till she gets her green card or would she have to go back after 6 months?

Would appreciate any help or support in this matter

Much Thanks

[Michael2017 368]

Hi,

Well, she will need to get back after 6 month, but as far as I know, you can file for an extension of the B1/B2 Visa for an additional 6 month. If granted, she could stay 12 month straight - which should be a pretty good result on a non immigrant visa.

[KierenHby 899]

Hello,

I think my question might be related to this topic. I am currently a U.S Citizen who got married to my fiance(legally in the U.S) in October 2016 in the U.S . However my legal spouse lives in Singapore as she works there currently. I have been putting the paperwork together to file for her Green Card (CR-1) Visa however I am unsure how this will impact her entry to the U.S. She was initially planning to stay in Singapore itself after marriage till her green card got processed and I would stay in the U.S and continue living here. However, it is becoming tough on her and she wants to come to the U.S on her non-immigration visa that she has for 10 years but I believe the caveat for that is she can't stay for more than 6 months. I am thinking of putting her paperwork on hold till she gets here so at least we can be together for 6 months but is there another way she can stay on till she gets her green card or would she have to go back after 6 months?

Would appreciate any help or support in this matter

Much Thanks

If she was here recently, there's no guarantee she'll be allowed back in so quickly, or given a duration shorter than 6 months. Ignore those who suggest an extension.. it'll likely be denied for someone spending so much time in the US on a B2 visa.

Sounds like you're trying to have a go at the B2-AOS route; best bet is to avoid bypassing the CR1 route.

[harryrasul 0]

If she was here recently, there's no guarantee she'll be allowed back in so quickly, or given a duration shorter than 6 months. Ignore those who suggest an extension.. it'll likely be denied for someone spending so much time in the US on a B2 visa.

Sounds like you're trying to have a go at the B2-AOS route; best bet is to avoid bypassing the CR1 route.

So essentially, she can still come here on her B1/B2 visa albeit for 6 months or less while her Green Card(CR-1) is in process. Would that be a true statement? Also, once the 6 months are up, she can go back to Singapore/India and come back again or would she have to wait till the Green Card gets processed?

[Michael2017 368]

So essentially, she can still come here on her B1/B2 visa albeit for 6 months or less while her Green Card(CR-1) is in process. TRUE

As for the rest of the question, she must do whatever everyone else must do with a B1/B2 Visa. Just that you applied for a Green Card does not change anything on her non-immigrant visa as long as she uses the visa for its purpose - to visit usa and not to stay there permanently. So, all of your questions are just related to any one`s else B1/B2. The CBP officer might check her a little bit more after she applied for a green card, but this thread shows, there is NO PROBLEM travelling with a valid ESTA or B1/B2 as long as you use the visa for its purpose.

[KierenHby 899]

Hello,

I think my question might be related to this topic. I am currently a U.S Citizen who got married to my fiance(legally in the U.S) in October 2016 in the U.S . However my legal spouse lives in Singapore as she works there currently. I have been putting the paperwork together to file for her Green Card (CR-1) Visa however I am unsure how this will impact her entry to the U.S. She was initially planning to stay in Singapore itself after marriage till her green card got processed and I would stay in the U.S and continue living here. However, it is becoming tough on her and she wants to come to the U.S on her non-immigration visa that she has for 10 years but I believe the caveat for that is she can't stay for more than 6 months. I am thinking of putting her paperwork on hold till she gets here so at least we can be together for 6 months but is there another way she can stay on till she gets her green card or would she have to go back after 6 months?

Would appreciate any help or support in this matter

Much Thanks

Found the statement rather odd.

(Is the plan to find another way? The longer you delay putting the paperwork together, the longer her immigration will be delayed)

[KRDC 4]

Hi 

 

[Michael2017 368]

Hi,

 

I visited together with my wife the US as visa waiver after filing the I-130. I was not asked specific questions, and nothing in relation to my petition. Thus, I assume they did not care much about it. I got the normal screening.

[Jenn22 0]

Hello,

 

I am an american citizen currently living in Canada. I have been here for over 6 years on a student visa and I have recently married a Canadian about a month ago. I sent off the I-130 paperwork as soon as we received our marriage certificate and have yet to receive anything back.

 

Here is the issue, I have completed my schooling and now I am going to be starting a new job in California in February. My husband is currently unemployed and I was hoping to bring him to the US with me and financially support him while we wait for the process to take its course. I have secured an apartment in California and our plan was to drive over the border together in a uhaul with our cats and all of our stuff and have him visit with me for a few months before possibly returning to his parent's house in Canada to wait out the process longer. Is this a horrible idea? Is there a better way to do this? What sort of proof would satisfy the border crossing people that he isn't going to be working in the US and that he is just visiting?

 

thanks in advance!

[Koalaem 1]

17 minutes ago, Jenn22 said:

Hello,

 

I am an american citizen currently living in Canada. I have been here for over 6 years on a student visa and I have recently married a Canadian about a month ago. I sent off the I-130 paperwork as soon as we received our marriage certificate and have yet to receive anything back.

 

Here is the issue, I have completed my schooling and now I am going to be starting a new job in California in February. My husband is currently unemployed and I was hoping to bring him to the US with me and financially support him while we wait for the process to take its course. I have secured an apartment in California and our plan was to drive over the border together in a uhaul with our cats and all of our stuff and have him visit with me for a few months before possibly returning to his parent's house in Canada to wait out the process longer. Is this a horrible idea? Is there a better way to do this? What sort of proof would satisfy the border crossing people that he isn't going to be working in the US and that he is just visiting?

 

thanks in advance!

This is almost identical to my plan with my husband.

He is American, we've been married for 2.5 years and we're expecting a baby in May.

We've been living together in Canada for 5 years, but his work Visa is now finished and he got a job in Arizona. We submitted my i-130 in August (still no updates), but he needed to start work Dec 5th.

We left for the border on Nov 18th with the car packed to the gills (including our cat) and brought my immigration forms, proof of my return flight in February, a letter from my mum's landlady stating I would be living with my mum upon my return, and my husband's offer letter from his new job showing he would be able to financially support both of us without me working.

No dice. 

The CBP officer decided that I must be immigrating illegally (even with proof that we were going through the correct process, not to mention the fact that I'm CANADIAN, so why would I give up my free health care, ability to work, and, y'know, my entire family) and he refused me entry and said that if I were to try to cross again I could be banned from the US for five years.

 

So basically, you COULD get a nice CBP officer, but it's not worth the risk.

 

The better way (that my immigration lawyer recommends to those who haven't already been given a warning of potentially being banned) is to have you go down by yourself and have him fly down later. Customs at the airport tend to be more lenient and understanding.

 

Even so, he'll need to provide a LOT of proof of commitment to Canada (ex. A job, a lease, a mortgage, a scheduled surgery) or chances are, he ain't coming with you.

 

I'm now waiting in Canada without my husband, experiencing my pregnancy without him because of this wonderful process and the arbitrary rules that the CBP seems to run on.

 

Best of luck to you. I hope your experience is better than mine.

[Jenn22 0]

14 hours ago, Koalaem said:

This is almost identical to my plan with my husband.

He is American, we've been married for 2.5 years and we're expecting a baby in May.

We've been living together in Canada for 5 years, but his work Visa is now finished and he got a job in Arizona. We submitted my i-130 in August (still no updates), but he needed to start work Dec 5th.

We left for the border on Nov 18th with the car packed to the gills (including our cat) and brought my immigration forms, proof of my return flight in February, a letter from my mum's landlady stating I would be living with my mum upon my return, and my husband's offer letter from his new job showing he would be able to financially support both of us without me working.

No dice. 

The CBP officer decided that I must be immigrating illegally (even with proof that we were going through the correct process, not to mention the fact that I'm CANADIAN, so why would I give up my free health care, ability to work, and, y'know, my entire family) and he refused me entry and said that if I were to try to cross again I could be banned from the US for five years.

 

So basically, you COULD get a nice CBP officer, but it's not worth the risk.

 

The better way (that my immigration lawyer recommends to those who haven't already been given a warning of potentially being banned) is to have you go down by yourself and have him fly down later. Customs at the airport tend to be more lenient and understanding.

 

Even so, he'll need to provide a LOT of proof of commitment to Canada (ex. A job, a lease, a mortgage, a scheduled surgery) or chances are, he ain't coming with you.

 

I'm now waiting in Canada without my husband, experiencing my pregnancy without him because of this wonderful process and the arbitrary rules that the CBP seems to run on.

 

Best of luck to you. I hope your experience is better than mine.

Thank you so much for sharing your story! This is pretty much exactly what I did not want to hear. I feel awful for you and your situation and I am hoping that this does not happen to me. I am pretty sure that showing up together in a uhaul is a terrible idea! Sends up huge red flags that we want to avoid. He just wants to sit around an play video games while I go to work in the states, obviously, we have no intention of him overstaying his six-month allowance. I think we will just have to work out a plan where he either enters the country before or after I do.

[Michael2017 368]

With which reason would he get a 5 year ban? I am not sure this is even possible. I think you should consult some senior members here, but I do think that there is an option to visit even if the CBP officer sent your husband back on the border. Maybe a visa is needed, but someone else should answer this as I can not say for Canadians.

[Koalaem 1]

13 minutes ago, Michael2017 said:

With which reason would he get a 5 year ban? I am not sure this is even possible. I think you should consult some senior members here, but I do think that there is an option to visit even if the CBP officer sent your husband back on the border. Maybe a visa is needed, but someone else should answer this as I can not say for Canadians.

If you are rejected based on suspicion that you are trying to immigrate illegally they can ban you for 5 years according to the CBP officer, his supervisor, and my immigration lawyer.

[Michael2017 368]

Well, in  this case it might be worth trying a tourist visa?

[Koalaem 1]

3 hours ago, Michael2017 said:

Well, in  this case it might be worth trying a tourist visa?

As a Canadian we don't require a tourist visa, (we are allowed in the US for 180 days without a visa) and when I tried to apply for one at the consulate in Vancouver just as some extra reassurance (before any of this even happened) I was denied because they said I didn't need one and it would be at the discretion of the CBP officer if I would be allowed entry.

So again even with a tourist visa you would need proof of ties to Canada showing you HAVE to return to Canada.