Visiting Visa While IR1-CR1 Is Pending

[Michael2017 368]

Can you give full details please? What Visa does he hold or does he use ESTA.

What exactly happened the last time. Please explain all in detail. After that, we can try to give you advice. 

 

 

[Jorcruzina 15]

@Michael2017 is right, we need full details in order to evaluate the situation and give you advice. None or less the BPC is in full charge. Either he let's him pass or not. They have the full authority and power. Have you guys applied for a visa?

 

2 hours ago, susanm26 said:

Has anyone been denied entrance once and tried again with any success?

my husband tries to visit last October and was denied, he is from Australia.

 

i want him to try again but it is an extremely expensive chance to take....just wanting some advice....

 

[susanm26 7]

20 hours ago, Jorcruzina said:

@Michael2017 is right, we need full details in order to evaluate the situation and give you advice. None or less the BPC is in full charge. Either he let's him pass or not. They have the full authority and power. Have you guys applied for a visa?

 

 

Here's the story....

in 2015 we applied for a k1 visa and went through the process. It was approved in may 2016, he came over from aus on his k-1 and we were married in July 2016. 

 

We we went to the local immigration office to find out what we needed to do at that time. He had to go back to aus for business that couldn't be put off. The immigaration worker told us that he could return to Australia and we could then file for parole and when he came back to the states we could file AOS

 

So, without seeking better information. He went home. 

 

We soon on found out that the information we were given was completely wrong. 

 

So so we did what I was told to do and that was to file for the IR-1/CR-1

 

he was coming planning on coming back for a visit, 2 weeks I believe to attend my best friends wedding. I had not received my first NOA for the new application. 

 

he was traveling over on esta. When he was boarding the plane in Sydney, he was stopped and given the phone to speak to US customs. They asked him about the k1, he explained what happened and that he was coming over for a visit, with a return flight home booked. He was put on hold and when she returned to the phone he was told he was denied entrance and his esta was cancelled. 

That was in slate September 2016, I received my first NOA on Sept 28

 

i have been to an immigration lawyer, he seemed to have no idea of why he would have been turned away. 

 

We we are fully aware that they are trying to prevent people coming over on esta then filing for AOS, but it seems sooooo many people are able to visit!

 

so I wonder if it is even worth him attempting to visit again or would we just be throwing away money ?

[Michael2017 368]

Wow, your story is really complicated. I am sure there are senior members here who may answer. However, I personally would seek a lawyers opinion and that is done for just 20$ at Just Answer dot com. 

This is where I usually get very cheap, fast and competent lawyer answers for a couple of bucks. Still cheaper than buying a ticket and not being allowed to board. 

 

 

[Ariaeeb 2]

My administrative processing is now completed, and I will have to send my passport (Iranian), a new medical, and a police certificate to the General Consulate by the end of the coming week. I live in Canada and at the time my wife applied for me, I was not a Canadian citizen (holding an Iranian passport). I got my Canadian passport a couple of weeks ago, so US immigration technically does not know that I hold a Canadian passport. We are planning to go to the US to check a few places and do some preparation after we send my passport to the consulate. Do you think that going to the US with my Canadian passport would cause any problem for me? What are your thoughts about this?

[Michael2017 368]

As Iran is part of the travel ban that will come out soon as new executive order, you most definitely will need to check the wording. If the new Executive Order includes dual citizen,you will be affected. I know for ESTA, that people having e.g. German and Iranian passports MUST apply for a visa and are not allowed for visa free travel. You must check if this applies also for the visa free travel agreement that affects Canadians. My suggestion is to check very well what will happen the next weeks as things change weekly for dual citizen like you.

P.S. I am sure the US government knows very well about your Canadian and Iranian Nationality, thinking they don`t is naive. 

 

Edited February 20, 2017 by Michael2017

[mallafri76 1,012]

On 2/2/2017 at 11:10 PM, susanm26 said:

Here's the story....

in 2015 we applied for a k1 visa and went through the process. It was approved in may 2016, he came over from aus on his k-1 and we were married in July 2016. 

 

We we went to the local immigration office to find out what we needed to do at that time. He had to go back to aus for business that couldn't be put off. The immigaration worker told us that he could return to Australia and we could then file for parole and when he came back to the states we could file AOS

 

So, without seeking better information. He went home. 

 

We soon on found out that the information we were given was completely wrong. 

 

So so we did what I was told to do and that was to file for the IR-1/CR-1

 

he was coming planning on coming back for a visit, 2 weeks I believe to attend my best friends wedding. I had not received my first NOA for the new application. 

 

he was traveling over on esta. When he was boarding the plane in Sydney, he was stopped and given the phone to speak to US customs. They asked him about the k1, he explained what happened and that he was coming over for a visit, with a return flight home booked. He was put on hold and when she returned to the phone he was told he was denied entrance and his esta was cancelled. 

That was in slate September 2016, I received my first NOA on Sept 28

 

i have been to an immigration lawyer, he seemed to have no idea of why he would have been turned away. 

 

We we are fully aware that they are trying to prevent people coming over on esta then filing for AOS, but it seems sooooo many people are able to visit!

 

so I wonder if it is even worth him attempting to visit again or would we just be throwing away money ?

First off, since his situation has changed, he need to re-apply for ESTA, ticking the box that asks if he has ever been denied entry to the US.

 

The abandonment of the "k-1" and the denied entry and removal from his flight is on his record now. Honestly, I doubt they'll let him visit, he's already shown immigrant intent by coming over on the k-1 and with that, he also has much stronger ties to the US than he does Australia. 

 

If you don't care about the money, you can always try. It won't affect the spousal visa. However, I think it's gonna be a wasted 14+ hour flight, if he's even allowed to board.  

[brenthensarling 1]

Hey everyone, My wife is Living in the Gold coast of Australia right now, waiting for her I130/cr1 to process ( NOA1 was received Oct19th ). But she and my 7mo son are flying over this weekend for a 6-week visit. I have been reading through this thread and others, and one of the biggest thing that everyone says is that she needs to make sure she "shows intent" to go back to Australia. Two of the biggest things are rental agreements and a job, neither of which she currently has ( We sold our house in Melbourne when I left, and she moved to live with her sister, to keep costs down, and she is on maternity leave).

 

Since those two biggies are not really available ( she might be able to get a very rudimentary rental agreement from her sister), what other things will help show intent? 

 

I am hoping she will be fine, but I just want to make sure she has as much proof as possible so that they let her in ( especially since she will be with a very cranky 7mo).

[susanm26 7]

11 hours ago, brenthensarling said:

Hey everyone, My wife is Living in the Gold coast of Australia right now, waiting for her I130/cr1 to process ( NOA1 was received Oct19th ). But she and my 7mo son are flying over this weekend for a 6-week visit. I have been reading through this thread and others, and one of the biggest thing that everyone says is that she needs to make sure she "shows intent" to go back to Australia. Two of the biggest things are rental agreements and a job, neither of which she currently has ( We sold our house in Melbourne when I left, and she moved to live with her sister, to keep costs down, and she is on maternity leave).

 

Since those two biggies are not really available ( she might be able to get a very rudimentary rental agreement from her sister), what other things will help show intent? 

 

I am hoping she will be fine, but I just want to make sure she has as much proof as possible so that they let her in ( especially since she will be with a very cranky 7mo).

Did she get the B1/2 visa?

 

my spouse was turned down boarding in Sydney because he attempted to visit on his esta. 

 

He he went to the embassey in Sydney last week and was approved for a visitors visa. He was told he could still be turned away upon arrival in the US

 

i hope your wife is able to visit! I can't imagine being away from my husband and child

[KierenHby 899]

On 2/20/2017 at 11:37 AM, brenthensarling said:

Hey everyone, My wife is Living in the Gold coast of Australia right now, waiting for her I130/cr1 to process ( NOA1 was received Oct19th ). But she and my 7mo son are flying over this weekend for a 6-week visit. I have been reading through this thread and others, and one of the biggest thing that everyone says is that she needs to make sure she "shows intent" to go back to Australia. Two of the biggest things are rental agreements and a job, neither of which she currently has ( We sold our house in Melbourne when I left, and she moved to live with her sister, to keep costs down, and she is on maternity leave).

 

Since those two biggies are not really available ( she might be able to get a very rudimentary rental agreement from her sister), what other things will help show intent? 

 

I am hoping she will be fine, but I just want to make sure she has as much proof as possible so that they let her in ( especially since she will be with a very cranky 7mo).

 

On 2/20/2017 at 11:16 PM, susanm26 said:

Did she get the B1/2 visa?

 

my spouse was turned down boarding in Sydney because he attempted to visit on his esta. 

 

He he went to the embassey in Sydney last week and was approved for a visitors visa. He was told he could still be turned away upon arrival in the US

 

i hope your wife is able to visit! I can't imagine being away from my husband and child

Traveling on a B2 or ESTA can be risky while i130 pending. Keep job\lease agreements\future plans with family friends in home country\return tkt.. as evidence of return to your country. While some travelers get away with hardly a question, others are sent to secondary. Practically comes down to the whims of a CBP officer or arousing an officer's suspicion. 

[Michael2017 368]

Hey everyone, My wife is Living in the Gold coast of Australia right now, waiting for her I130/cr1 to process ( NOA1 was received Oct19th ). But she and my 7mo son are flying over this weekend for a 6-week visit. I have been reading through this thread and others, and one of the biggest thing that everyone says is that she needs to make sure she "shows intent" to go back to Australia. Two of the biggest things are rental agreements and a job, neither of which she currently has ( We sold our house in Melbourne when I left, and she moved to live with her sister, to keep costs down, and she is on maternity leave).

 

Since those two biggies are not really available ( she might be able to get a very rudimentary rental agreement from her sister), what other things will help show intent? 

 

I am hoping she will be fine, but I just want to make sure she has as much proof as possible so that they let her in ( especially since she will be with a very cranky 7mo).

--------------------------------------------------------------------------------------------------------------------------------------------

 

 

Please see attached document for your options.

The document was given to me by my lawyer as checklist for travelling.

 

 

 

 

 

 

 

 

Ties.pdf

Edited February 25, 2017 by Michael2017

[brenthensarling 1]

That would have been a good checklist to have last week! When you posted, My wife's Plane had just taken off from Brisbane! But this is a really good checklist for future travelers, so thank you!

 

We had already made sure she had most of what was on the checklist.

 

She sailed through customs without much issue at all. They were a bit confused why My wife and son had different last names, and My son was coming in on his US passport vs her AUS passport. But she just told them that I was here, and he has my last name. The agent asked if she had a return ticket, and she said yes, and they let her through. I am pretty happy that My wife and son as here for the next six and a half weeks.

 

Thanks everyone for the help!

Edited February 26, 2017 by brenthensarling

[Andy S 0]

Hi all,

 

I'm not sure how active this thread is any more, but it is the most pertinent to my situation.

 

Background:

I'm a Canadian citizen, my wife is dual American/Canadian with US passport. I've filed my IR1 paperwork and have my NOA1. We're told it should be going to NVC in April.

 

My wife is moving to Salt Lake City for work in July. We are planning for a land crossing as we want her to have the car there. We will also have a three week old baby at the time. I want to help her move in and get settled, as I'm a Canadian I'll be on a VWP. I'm finishing a 5-year work term currently so wont be enrolled in school or have a job when I intend to cross.

 

Otherwise I'll have the NOA (2 at that stage, hopefully) and my Canadian bank accounts, a return ticket to Canada (planning on staying 2 months) and deed to our house in Canada. Do you experts think this will be sufficient? I imagine it might look suspect because we'll have our baby and a UHaul trailer, but everything will be above board... not trying to pull any fast ones but I also don't want to get in trouble, if I get turned away at the border it will be a major problem.

 

Thanks, this site is an excellent resource.

A

[Ryan H 3,812]

Having a trailer full of personal effects and no immigrant visa in your passport increases the odds that you will be turned away.

[Andy S 0]

Is there anything I can do? I mean the stuff won't be mine, it will be mostly baby things and my wife's clothes, and with a return ticket? I don't know how else to prove that I'm not staying.