Visiting Visa While IR1-CR1 Is Pending

[Tala202 27]

Quick update: Just passed through the border last night. Definitely my most difficult crossing. He asked where I lived and where I was going.. then why I was going there. As soon as I said "to visit my husband", his face changed and he started scrutinizing everything. He asked a couple of questions about my J1 stay, what I do in Montreal, what I study, when I'm returning, etc. He asked to see my return ticket and letter of enrolment in university. Ultimately, I was let through, but he sure was skeptical. Also, no mention was made of an I-130 application.

[No name 88 48]

I plan on visiting with the wife in April on a B-2. I'll let you know how it is coming from a high fraud country. Then again according to posters on the B-2 forum my wife getting a tourist visa was impossible.

Has anyone been turned away. Everyone who's posted so far got through.

[casualsurfer 25]

I plan on visiting with the wife in April on a B-2. I'll let you know how it is coming from a high fraud country. Then again according to posters on the B-2 forum my wife getting a tourist visa was impossible.

Has anyone been turned away. Everyone who's posted so far got through.

My wife has gone through 3 times after we got married. I used all the resources I could find here and the suggestions to ensure we present all the reasons and documentations that she will go back, and though we've been hassled - and I feel indignant each time - they've always let us through.

[teddy k 35]

Hi my wife is from the philippines what are her chances on her coming to the states to visit while were going thru the CR- 1 thanks in advance, plus she is not working just living with her parents

[B & G 200]

Hi my wife is from the philippines what are her chances on her coming to the states to visit while were going thru the CR- 1 thanks in advance, plus she is not working just living with her parents

Does she have a tourist visa? If yes, then you can certainly try. Does she have anything in her name? Bank account, mobile phone, car etc?

[awaywego 28]

I plan on visiting with the wife in April on a B-2. I'll let you know how it is coming from a high fraud country. Then again according to posters on the B-2 forum my wife getting a tourist visa was impossible.

Has anyone been turned away. Everyone who's posted so far got through.

I've read about people being turned away. If not in here, then probably in the corresponding thread in the K-1 forum. It could be chance - that thread is a lot longer than this one - or it could be that CBP is stricter with fiance(e)s than with spouses.

[CanGirl 95]

I was denied entry to the US last September because I was driving back with my husband. They assumed that I was trying to live in the US illegally and we hadn't started our i-130 paperwork yet. I also didn't have anything to prove ties to Canada. The border agents harassed us and held us for 4 hours.

I am planning on visiting my husband this weekend for 2 weeks in Michigan. I am actually terrified of the POE officers and really scared about crossing the border alone and on a Greyhound bus. There is not much evidence that I can use as ties to Canada as I am currently unemployed, not in school and live with my parents. I don't know what I can use as ties to Canada. The only thing I can show them is return tickets and a photo of the NOA2 form that my husband sent me (which is really blurry).

Any suggestions on what else I give them to cross the border?

I don't know how I am going to make it as I get really bad nerves and practically ####### myself if I have to wait in line building up my nerves and anticipation.

Edited March 25, 2014 by CanGirl

[B & G 200]

I've read about people being turned away. If not in here, then probably in the corresponding thread in the K-1 forum. It could be chance - that thread is a lot longer than this one - or it could be that CBP is stricter with fiance(e)s than with spouses.

Whether you have filed a K1 or a CR1 has no barring if the CBO will let you in easier for one over the other.

Most denials here on VJ and from what I have seen at work, is length of stay in combination with frequency of visits.

CBP officers are very weary of back to back trips, (stay 90 days, leave for a month, come back for 90 days) they view it as someone living in the US as supposed to visiting the US or not having ties (housing lease, job, etc) to their homeland because they are spending so much time away from it.

The rule of thumb is spend more time out of the US than in it. If your visits are frequent but short eg. 7 trips of 12 days each time thats still with in the 90 day rule or long stays with few trips, eg. 2 trips of 90 days with 6 months between the 2 trips.

[B & G 200]

I was denied entry to the US last September because I was driving back with my husband. They assumed that I was trying to live in the US illegally and we hadn't started our i-130 paperwork yet. I also didn't have anything to prove ties to Canada. The border agents harassed us and held us for 4 hours.

I am planning on visiting my husband this weekend for 2 weeks in Michigan. I am actually terrified of the POE officers and really scared about crossing the border alone and on a Greyhound bus. There is not much evidence that I can use as ties to Canada as I am currently unemployed, not in school and live with my parents. I don't know what I can use as ties to Canada. The only thing I can show them is return tickets and a photo of the NOA2 form that my husband sent me (which is really blurry).

Any suggestions on what else I give them to cross the border?

I don't know how I am going to make it as I get really bad nerves and practically ####### myself if I have to wait in line building up my nerves and anticipation.

Do you have anything thats in your name and shows your address in Canada? Bank accounts, mobile phone bill, car insurance, car registration etc?

I know that those aren't necessarily ties to Canada, but it is proof of residence in Canada. Bring with you your NOA2 of course as that is proof you are doing things the legal way and may I suggest buying travel insurance for your stay in the US, its another way to prove you are only stay for the 2 weeks.

Try and stay calm at POE. Should you be questioned again, be honest with them, tell them about your denied entry and the circumstances around it, and explain that even in Sep it was never your intent of staying but just visiting.

Since you are at NVC stage, I would advice against you bringing any documents eg. brith certificate, police records etc to leave with your husband for the IV package. Even though there is a very logical explaination as to why you are carrying them, it will be one more thing you will have to explain away to the CBP officer.

Other than that, stay positive, think positive! Good luck!

Edit: Ignore the paperwork stuff! Canada does EP..

Edited March 26, 2014 by B & G

[Hotter Otter 1,211]

Whether you have filed a K1 or a CR1 has no barring if the CBO will let you in easier for one over the other.

Most denials here on VJ and from what I have seen at work, is length of stay in combination with frequency of visits.

CBP officers are very weary of back to back trips, (stay 90 days, leave for a month, come back for 90 days) they view it as someone living in the US as supposed to visiting the US or not having ties (housing lease, job, etc) to their homeland because they are spending so much time away from it.

The rule of thumb is spend more time out of the US than in it. If your visits are frequent but short eg. 7 trips of 12 days each time thats still with in the 90 day rule or long stays with few trips, eg. 2 trips of 90 days with 6 months between the 2 trips.

Well said.

I've spoken to UK filers who have had difficulty, been put into secondary etc and they are usually those who visit for 90 days. Can't really blame the CBP officers for being suspicious of someone who can visit for 90 days having no ties to their home country!

[ajr_ntknq 4]

I plan on visiting with the wife in April on a B-2. I'll let you know how it is coming from a high fraud country. Then again according to posters on the B-2 forum my wife getting a tourist visa was impossible.

Has anyone been turned away. Everyone who's posted so far got through.

Hi Todd- I just signed up today and this is the first question I have. I'll be filling out my profile more but let me quickly say my wife and I have been married for more than two years, living in Vietnam the whole time, we have a 7 month old boy now whose CRBA has been issued and who has his own US passport. I'm American, the wife is Vietnamese. We've filed for IR1-CR1 and have the NOA1. My cousin is getting married in Boulder in September and we want to attend.

Possible issues: wife has been denied tourist visa before. She's a stay at home mom who has resigned from her job.

So- will be looking for your update or any comments.

Thanks, Andrew

[No name 88 48]

Hi Todd- I just signed up today and this is the first question I have. I'll be filling out my profile more but let me quickly say my wife and I have been married for more than two years, living in Vietnam the whole time, we have a 7 month old boy now whose CRBA has been issued and who has his own US passport. I'm American, the wife is Vietnamese. We've filed for IR1-CR1 and have the NOA1. My cousin is getting married in Boulder in September and we want to attend.

Possible issues: wife has been denied tourist visa before. She's a stay at home mom who has resigned from her job.

So- will be looking for your update or any comments.

Thanks, Andrew

Hey Andrew

It looks like you got the same story I got. I attached two posts I had on my B2 experience. I filed the B2 application online at night and picked out an open appointment time for the next day. In the morning I paid the visa fee at Citibank on Nguyen Hue; there's a little US visa payment office around the right side of building. The people inside citibank will tell you where it is. Went to the interview that afternoon. The appointment time is meaning less. Just show up when the doors open. She'll walk inside and take a number. On the application I there is a comment spot and I wrote about our I-130 on file with it's current status and USCIS case number. At the end of it I put that I assisted with her application; I filled it out. The CO did say at the end if the wife had the CRBA with her and my passport they probably would have never asked me to come inside and just approve it.

http://www.visajourney.com/forums/topic/480932-ho-chi-minh-city-b2-interview/

http://www.visajourney.com/forums/topic/481261-ho-chi-minh-city-b2-visa-aproved/

[CanGirl 95]

Hi guys I just crossed the border and I thought I would give a quick update here. I got one of the nicer officers it seemed.

I followed the advice given in this thread. Don't be nervous, answer questions honestly, politely and concisely.

I had a lot of paperwork with me. He told me to always bring my NOA2 and prove I'm only visiting (ex. Show return ticket) and I should have no problems crossing the border to visit.

[ajr_ntknq 4]

Hey Andrew

It looks like you got the same story I got. I attached two posts I had on my B2 experience. I filed the B2 application online at night and picked out an open appointment time for the next day. In the morning I paid the visa fee at Citibank on Nguyen Hue; there's a little US visa payment office around the right side of building. The people inside citibank will tell you where it is. Went to the interview that afternoon. The appointment time is meaning less. Just show up when the doors open. She'll walk inside and take a number. On the application I there is a comment spot and I wrote about our I-130 on file with it's current status and USCIS case number. At the end of it I put that I assisted with her application; I filled it out. The CO did say at the end if the wife had the CRBA with her and my passport they probably would have never asked me to come inside and just approve it.

http://www.visajourney.com/forums/topic/480932-ho-chi-minh-city-b2-interview/

http://www.visajourney.com/forums/topic/481261-ho-chi-minh-city-b2-visa-aproved/

Great info Todd. This will definitely help. Thanks for your input!

[LoveExile 27]

My husband (Austrian) and I had an I-130 petition pending when we flew to D.C. from Holland last November. The CBP officer was perfectly pleasant and asked how long my husband was staying. He replied "Only a week now, but hopefully for a lot longer in a few months." The CBP officer just smiled and said "welcome home" to my husband with a wink. I could have kissed him. It was completely the opposite of the nightmare we were anticipating.

My husband has a long history of entering and exiting the U.S. legally, so that probably helped.

Edited April 12, 2014 by LoveExile