Visiting Visa While IR1-CR1 Is Pending

[Daneandkathy 53]

@KieranHby thanks for the reply, we are going to give it a shot and see. Good idea for rephrasing to garden event... thanks again

 

K&D

[Jonathan Lopes 1]

Thanks for all the updates.

[penelope_Cy 19]

Planning to visit husband end of April. My country is not on a VWP so I applied for a b1/b2 visa back in March. The CO asked for purpose I explained that I will be visiting husband and asked about his nationality. When informed he is a USC, the officer asked if he would be sponsoring me. I explained that yes we are in the middle of it and I needed to visit. On the spot approval with no other questions asked (for the record though I studied in US for 11 years without any overstays). Will inform you on the POE experience end of the month.

Hoping to have an interview letter by then as additional evidence for returning. I also have a job, Insurance etc here...

[raiser 0]

Just sharing my experience:

I drove from Canada to the States with my family - Canadian husband, three kids - with no trouble. Didn't even ask any questions about immigration. We had a minivan full of luggage for our stay. Much anxiety for nothing.

[BaddKharma 0]

Hi,

I am curious. I am about to submit a CR1 visa package for my spouse. I know that process can take upwards of 12 months. This summer however, I would like to take her home to the us for a temporary visit about 10-12 days, during my R&R from Afghanistan. We have no intention of overstay, my home of record and tax home is our residence in the PI, and I would not dare break any laws putting my  clearance and career in jeopardy. I am just curious if I apply for a B1/B2 Tourism visa for her, can it have any affect on her pending CR1 Visa. If they deny her B1/B2 does that look unfavorable on the CR1 package?

[KierenHby 899]

8 hours ago, BaddKharma said:

  I am just curious if I apply for a B1/B2 Tourism visa for her, can it have any affect on her pending CR1 Visa. If they deny her B1/B2 does that look unfavorable on the CR1 package?

No, and no. 

Being approved for a new B2 while CR-1 pending won't be easy, but can try if you must. 

[Michael2017 368]

Just a small interim report from me. In the last 12 months I spend almost 5 months in the USA with a visa waiver. The first time I visited for almost 3 months, after that we made a break of 6 months, and I re-visited for 2 months.

We entered the USA always together, and left together. The CO did not seem to know or ask any questions about our pending I-130. I have been treated like any other normal tourist and just faced extra screening due to my long stays. I was honest and told the intended (long) stay, and had my tickets booked with the actual date that I later on left.  We have now booked our flights for another 2months in fall. My impression is, that a pending I-130 is not known or does not provide concerns to the CO. The only concerns for them is the duration of stay and all other screening they would provide to any other ESTA/ B1/B2 visitor.

[Jens79 64]

On 4/21/2017 at 11:18 PM, Michael2017 said:

My impression is, that a pending I-130 is not known or does not provide concerns to the CO. The only concerns for them is the duration of stay and all other screening they would provide to any other ESTA/ B1/B2 visitor.

1

I have exactly the same experience. Nothing indicates that CBP has access to that information (by default), just by swiping your passport. The APC-kiosks don't react on it. It's only been brought up when I've mentioned it. Personally, I see no reason to not mention it when I'm asked about my purpose of travel, just like the majority of people on this site is suggesting too. But there are a lot of rumors around that it's not advisable to mention that you're visiting a partner in the US (at all) or that you can't visit when you're in the visa process. Clearly, neither is true.

Hopefully, the long range of people on this site saying the same thing can help some people feel a bit less stressed about their visits. 

[swelove 8]

Hello everyone,

  I know that a spouse can visit during the visa processing, but does anyone know if someone can visit more than 6 months in a calendar year, or when that year begins for the Visa Waiver Program?

 

For instance, my husband visited for 2 months, then was away for 2 month, then came back for 3. In total, he has been to the US under the VWP for 5 months in the last 365 days--but only 3 months this year (2017). Does the calendar reset in January or is it 365 days?

[Michael2017 368]

4 hours ago, swelove said:

Hello everyone,

  I know that a spouse can visit during the visa processing, but does anyone know if someone can visit more than 6 months in a calendar year, or when that year begins for the Visa Waiver Program?

 

For instance, my husband visited for 2 months, then was away for 2 month, then came back for 3. In total, he has been to the US under the VWP for 5 months in the last 365 days--but only 3 months this year (2017). Does the calendar reset in January or is it 365 days?

Hi,

 

we also contacted CBP department with this question.

1. There is no official 6 months rule. Some visit more than 6 months, but he  needs to file taxes if he does.

2. It is in the last 365 days not calendar year.

3. CBP wrote me that they want to see the person more outside in the USA than inside, and that an internal rule is, that he should be outside longer as he was inside. They can approve you also if you went home for 1 week after staying 3 months, but you get a lot of screening in such cases. So, safer is, 2-3 months in USA, and more than this time outside, before you come again. We did 2-3 months / 6 months outside / 2-3months. This worked.

[Jens79 64]

8 hours ago, swelove said:

Hello everyone,

  I know that a spouse can visit during the visa processing, but does anyone know if someone can visit more than 6 months in a calendar year, or when that year begins for the Visa Waiver Program?

 

For instance, my husband visited for 2 months, then was away for 2 month, then came back for 3. In total, he has been to the US under the VWP for 5 months in the last 365 days--but only 3 months this year (2017). Does the calendar reset in January or is it 365 days?

1

1

With or without any official 6 months / 180 days rule, I would not recommend even trying it, since it conflicts core the purpose of the VWP. The purpose of the VWP is to visit but if you stay more than 6 months out of any 12 month period, 365 days or a calendar year, that would make the US your "home" country, i.e. the place where you spend most of your time and de facto are living. Any CBP officer that would understand the full picture of such travel pattern would most probably deny entry, and it would be pretty hard (impossible) to make an argument that you are just visiting and not living in the US. 

Edited April 27, 2017 by Jens79

[penelope_Cy 19]

As a follow up to my previous post here is my POE experience with a B1/B2 visa:

 

Who are you here to visit?

How come your spouse is here?

If the spouse is a us citizen how come you dont have citizenship?

How long are you staying for?

How much money are you carrying?

Any gifts/food for your spouse?

Where is your spouse?

 

I received a repeat of the questions concerning where my spoyse is, money and gifts similar to other reports  for duplicate questions and asked to show my return ticket. Other than that all went well! I was so worried but if you answer truthfully and consistently I dont think there is a problem. I also had with me the P4 interview appointment letter to show my intent of return home just in case but i was not asked for it.

 

 

Edited April 30, 2017 by penelope_Cy

[Michael2017 368]

9 minutes ago, penelope_Cy said:

As a follow up to my previous post here is my POE experience with a B1/B2 visa:

 

Who are you here to visit?

How come your spouse is here?

If the spouse is a us citizen how come you dont have citizenship?

How long are you staying for?

How much money are you carrying?

Any gifts/food for your spouse?

Where is your spouse?

 

I received a repeat of the questions concerning where my spoyse is, money and gifts similar to other reports  for duplicate questions and asked to show my return ticket. Other than that all went well! I was so worried but if you answer truthfully and consistently I dont think there is a problem. I also had with me the P4 interview appointment letter to show my intent of return home just in case but i was not asked for it.

 

 

How long did you plan to stay? How many days in the past 365 days did you spend in the US?

[penelope_Cy 19]

1 hour ago, Michael2017 said:

How long did you plan to stay? How many days in the past 365 days did you spend in the US?

Two weeks only. I don't have any other prior visits since we filed our petition. It should be also noted that i had lrior student visas for many years with no overstays/violations so i am not sure if this was taken into consideration.

Also my interview appointment is a week after I return and I made sure to mention that i have to return to my country because I have a US embassy appointment for our petition.

Edited April 30, 2017 by penelope_Cy

[Ryan H 3,812]

~~Off topic post removed.~~