Visiting Visa While IR1-CR1 Is Pending

[gringoreturning 0]

Is the same true in reverse? I am U.S. citizen currently in the U.S. preparing a petition/application for a CR1 visa for my wife, who is an Ecuadorian living in Ecuador. Once I submit and the process is in motion are there any restrictions against me visiting her multiple times in Ecuador?

 

We have a daughter together, who is a dual citizen of U.S. and Ecuador, and is currently living in Ecuador. I have a very flexible job in terms of where I am geographically located, so I would be able to complete my work for a U.S. based company from Ecuador when I visited. 

Edited June 7, 2017 by gringoreturning
small grammar error, clarification on one point

[Boiler 45,557]

that would be down to Ecuador for the life of me I can not think why they would care.

[gringoreturning 0]

OK, great. I didn't think so either, but thought I'd throw it out here just in case. 

[Sharif Shakhshir 5]

Does anyone have any experience / advise with your beneficiary spouse "visiting" the US (me) on her pre-exisitng B1/B2 VISA, then receiving notification that I-130 is approved?  Could she then just stay and go down the NVC / Adjustment of Status process while she remains in the US?  Alternatively, might it put our whole process at risk?  Based on where we are in the timeline, I am fairly confident that we would otherwise be approved within the 6 month limit on her stay, however, (1) we are missing each other crazy and (2) she has two teenage boys that we want to get here by Summer so they can enroll in school and start with the rest of their classmates...  

 

Any advice is appreciated!

[Boiler 45,557]

B is for visiting not immigrating, they ask you the purpose of your visit and if you say immigrate you will be on the next plane back.

[Jojo92122 1,924]

25 minutes ago, Sharif Shakhshir said:

Does anyone have any experience / advise with your beneficiary spouse "visiting" the US (me) on her pre-exisitng B1/B2 VISA, then receiving notification that I-130 is approved?  Could she then just stay and go down the NVC / Adjustment of Status process while she remains in the US?  Alternatively, might it put our whole process at risk?  Based on where we are in the timeline, I am fairly confident that we would otherwise be approved within the 6 month limit on her stay, however, (1) we are missing each other crazy and (2) she has two teenage boys that we want to get here by Summer so they can enroll in school and start with the rest of their classmates...  

 

Any advice is appreciated!

Don't commit visa fraud.  Don't lie to CBP on the way into the US.  Be patience.  Don't screw up a legal way to immigrate.

Edited June 7, 2017 by Jojo92122

[Sharif Shakhshir 5]

4 minutes ago, Boiler said:

B is for visiting not immigrating, they ask you the purpose of your visit and if you say immigrate you will be on the next plane back.

She will have a round trip ticket and is only intending to stay for a few months to enjoy the summer and out some different areas for future home.  My question still is, can we initiate AOS if she gets I-130 approved while she is in US?

[Jojo92122 1,924]

4 minutes ago, Sharif Shakhshir said:

She will have a round trip ticket and is only intending to stay for a few months to enjoy the summer and out some different areas for future home.  My question still is, can we initiate AOS if she gets I-130 approved while she is in US?

To answer your question, yes she can.

 

If she is only intending to stay a few months, then why ask about adjusting status?  Why worry about her kids starting school?  Don't play us for fools.

 

The problem however is her entry into the US.  You are playing with fire if she is caught at the POE using the visitor visa with the intent to adjust status.  It doesn't matter that she has a return ticket since most people committing this type of visa fraud often have  a return ticket they do not intend to use.

 

You are fishing for someone to tell you that your plan is okay.  No one here will.

Edited June 7, 2017 by Jojo92122

[Crazy Cat 41,898]

7 minutes ago, Sharif Shakhshir said:

She will have a round trip ticket and is only intending to stay for a few months to enjoy the summer and out some different areas for future home.  My question still is, can we initiate AOS if she gets I-130 approved while she is in US?

This sounds a lot like double-speak to me. Jojo92122 speaks wise words.  Pay attention...

Edited June 7, 2017 by missileman

[Sharif Shakhshir 5]

Just now, Jojo92122 said:

To answer your question, yes she can.

 

The problem however is her entry into the US.  You are playing with fire if she is caught at the POE using the visitor visa with the intent to adjust status.  It doesn't matter that she has a return ticket since most people committing this type of visa fraud often have  a return ticket they do not intend to use.

 

You are fishing for someone to tell you that your plan is okay.  No one here will.

I seem to be misunderstood... it is not fraudulent intent.  She will have return ticket but, if during a 4 month stay, we were just wondering if we can begin AOS process if I-130 is approved and she is still here.  Sorry if this is a naive question.

[Sharif Shakhshir 5]

1 minute ago, missileman said:

This sounds a lot like double-speak to me.

I read on this thread so many times about people who have come to US on pre-existing visa.  Again, I can only presume that during these visits, many people received approvals while "visiting" and am innocently wondering if there are more expeditious ways of moving things along.

 

Again, someone else must have been in the same situation while visiting the US.

[Crazy Cat 41,898]

1 minute ago, Sharif Shakhshir said:

wondering if there are more expeditious ways of moving things along.

You can start gathering records and documents.

[Sharif Shakhshir 5]

10 minutes ago, missileman said:

You can start gathering records and documents.

Done!

[Crazy Cat 41,898]

oops!

Edited June 7, 2017 by missileman

[Sharif Shakhshir 5]

1 minute ago, missileman said:

and another piece of information for you.......The teenagers can not enroll in school with visitor visas.

I checked with the school in advance and thankfully, they only need birth certificate, prior school records and vaccinations.  Thankfully, immigration status is not a condition for a child to receive an education.