Visiting Visa While IR1-CR1 Is Pending

[mallafri76 1,012]

On 9/2/2017 at 12:30 PM, Stuwoolf said:

Thank you.

 

With a US Immigration visa (I-130 path) being issued, when must the immigration actually take place? Is it lifed ie has a validity of 6 months from date of issue to complete immigration?

It depends on when your medical and police cert expires. Your medical is valid for six months and you must enter the US before the medical expires. Your police cert from your country of residence must also be valid at time of immigration.

 

To give you an example; our file had an unusually long processing time at NVC. At my interview, we got a 221(g) for an updated I-864 with assets. Once we sent the embassy an updated I-864, we then got another 221(g) because my police cert was about to expire in two months and they don’t issue immigrant visas with a two month validity so I had to get a new police cert. Once the new police cert was send to the embassy, my immigration visa was finally issued, with a validity of three months only. 

 

So if you need up to six months to finish everything before moving, make sure you have your medical close to the interview date and that your police cert is valid at least six months after your interview or get a new police cert and bring to the interview. 

[Dinka7 0]

Hi, I'm sorry if I am being repetitive, but I don't think I found an answer to my question.

 

I am currently a student at a US university doing a PhD and I hold an F-1 visa. I'm currently outside the US doing research for a year. Now, my BF proposed to me and we want to get married in 2 months  (November) when I come to the US for a conference. We want to it in November, so that my CR1 will be ready when I'm done with my research.

Question: can I travel to the US on my F1 visa while waiting for CR1? I have to come back to the US to defend my dissertation in spring 2018.

Thank you in advance.

[Elrona 101]

Arrived to Los Angeles on 19th with a flight from New Zealand (husband is USC, I am estonian). We filled in separate arrival cards as we were not sure we can go into the same line but we were guided to the mobile passport and went up together.

 

Immigration officer asked whether we are related and we said that we are married. Then he asked whether I am immigrating and I said that I am just visiting on ESTA. He stamped my passport and told me when my 90 days runs out and thats it. Very very nice experience.

 

Previously I have visited US in January 2017 for two and a half weeks and in June 2017 for a month. 

[4000mf 33]

Well, I’ve just booked a flight at Christmas to see my wife in Savannah for a couple of weeks on the strength of the advice and stories I’ve read throughout this thread. I thought it only fair to document my experience in case anyone else’s case is similar to mine.

 

I spent a lot of time in the US in 2016 with my USC girlfriend, and arriving at Christmas 2016 I was given the ‘chat in the side room.’ Was made to feel like I was being sent home, that I was trying to ‘live there’, they took my phone etc, lasted an hour before they allowed me through. I probably overdid it on an ESTA. 

 

We’ve met in other countries for a whole year, every few months, and were married in England in September 2017. Just sending our I-130 forms this week.

 

It’s been a whole year away, my ESTA is still valid, and I want to surprise my wife. My mother-in-law knows, but I haven’t told my wife in case they turn me back, I don’t want her to deal with that heartbreak.

 

I’ll update you all at Christmas and let you know if a year away reset their annoyance levels  

 

Wish me luck!

[Michael2017 368]

2 minutes ago, 4000mf said:

Well, I’ve just booked a flight at Christmas to see my wife in Savannah for a couple of weeks on the strength of the advice and stories I’ve read throughout this thread. I thought it only fair to document my experience in case anyone else’s case is similar to mine.

 

I spent a lot of time in the US in 2016 with my USC girlfriend, and arriving at Christmas 2016 I was given the ‘chat in the side room.’ Was made to feel like I was being sent home, that I was trying to ‘live there’, they took my phone etc, lasted an hour before they allowed me through. I probably overdid it on an ESTA. 

 

We’ve met in other countries for a whole year, every few months, and were married in England in September 2017. Just sending our I-130 forms this week.

 

It’s been a whole year away, my ESTA is still valid, and I want to surprise my wife. My mother-in-law knows, but I haven’t told my wife in case they turn me back, I don’t want her to deal with that heartbreak.

 

I’ll update you all at Christmas and let you know if a year away reset their annoyance levels  

 

Wish me luck!

Good Luck!

 

What was your visiting routine in 2016 before they took you to seconday?

1. How many times and for how long did you visit?

2. What did you say as reason for visiting? Visiting my GF or vacation or other?

3. At seconday, what exactly did they ask you and did they give you a warning to visit less frequently?

[4000mf 33]

16 minutes ago, Michael2017 said:

Good Luck!

 

What was your visiting routine in 2016 before they took you to seconday?

1. How many times and for how long did you visit?

2. What did you say as reason for visiting? Visiting my GF or vacation or other?

3. At seconday, what exactly did they ask you and did they give you a warning to visit less frequently?

It was three weeks in April, five weeks in May/June, another four weeks in the Autumn, and it was my last trip, for nine weeks over Christmas, where I went to secondary.

 

I work freelance, and I get a lot of time between contracts which as you can imagine seemed ‘suspicious’, as I ‘could work anywhere’. Technically true I guess. 

 

I just told them the truth, visiting girlfriend. I was asked ‘how long are you staying?’ ‘nine weeks’ ‘ok first things first that isn’t happening. Do you understand?’ I’ve never felt my heart hit the floor like that. 

 

Then maybe fifteen minutes of asking about my links to the UK and suggesting I didn’t have many (I don’t own my house, no fixed contract employment) it was rough. I just answered everything honestly and told them that my intentions were to leave with my return ticket.

 

He was very clear about me not working there. Very, very clear. Especially as my partner works in a field similar enough to ‘find me work.’

 

The ‘please give me your cellphone and passcode’ was a shock. Handed a card that explained how that was legal, I had no idea. Around half an hour later he was satisfied, he told me that he doesn’t like to take peoples’ cellphones but most people who intend to remain, the contents of their phone give them away.

 

He told me to visit less, that it looked like I was trying to ‘live there.’ I just wanted to spend as much time as I could with someone I loved I explained. He told me to stay away more, and advised that I get a visa.

 

Now I don’t have time to get a visa and I’d no doubt be denied as we’re filing I-130, so I’m just going to go on the ESTA and hope they’re feeling Christmas-spirited twelve months on. 

[The.Fab.Ella 17]

My daughter and I came in last night thru JFK. No questions asked. Traveling on B1/B2 while I-130 has been pending for almost a year now.

 

[StevenInAtlanta 41]

Hello, my name is Steven and this is my first post so in advance I regret asking a question or two that has already been answered many times.  I did spend several hours going through this topic, as many as 40 pages of posts, so I learned a lot. I greatly appreciate the value of this forum and it's content. I apparently need some good solid advice on a few visa topics and would welcome the input of any knowledgeable party...so thank you in advance.  I will try to be brief and succinct.

 

Backstory, the Cliff Notes version:

I am a US born, US citizen. I met my (now) Wife online in September of 2015. She is Russian born, a citizen of Moscow. She rents an apartment, a real estate professional for 15 years,currently working independently, well educated, highly skilled and speaks English pretty well.  She has an adult Son. So she has ties to her home: (self employed) job, immediate family, and an apartment.  She had previously visited the US on her B1/B2 visa as recently as 3 years ago when she was working for a real estate broker. Both visits were for real estate conferences and to tour homes in various states of the US. These visits were before we met.

• November of 2015, I bought her round trip tickets to the US.  She stayed with me for 3 weeks. No problems at POE
• March 2016, I visited her in Moscow for two weeks. I got a 3 year Russian visa the day before this trip! No problems at POE
• July 2017, I bought her a round trip ticket to the US and she stayed with me for 3 weeks. No problems at POE
• During her stay we were married (July 18th) here in the US, she returned to Moscow in August 2017
• Her B1/B2 visa expired on September 11 2017
• We plan on submitting a I-130 in the near future, but probably not prior to getting her US visa renewed (if possible)...we THINK. And that is the nature of the initial question we have.

Question 1: We want to renew her visa for the purpose of tourism so that she can come visit me again with the intent of her returning to Moscow, regardless of if or if not the I-130 has been submitted and is processing.  I have not been able to determine the correct visa for her to apply for.  Since she is not working as an employee for a real estate broker, the work visa/employer sponsored B1 visa doesn't seem to apply. She and I think that she should only require a tourism (B2)visa and wonder if it should be easy for her to obtain a renewal of just the B2 portion of the visa...or is there a different class visa she will have to make application for since now we are married?  For example a K3. But it seems that a K3 is appropriate only if you have a pending I-130 which we do not.

Question 2: When making application for the new visa or a renewal, whichever is appropriate, is it suggested she reveal her recent marriage and apply in her new married name, or in her current legal name (in Russia)? I am not suggesting that she tell an untruth but we do wonder if a name change could potentially be problematic or cause an extended delay. Is it in our best interest to not reveal her change in marital status during the renewal process or is it perhaps to our advantage? 

Question 3: Upon entry to the US, it is best to respond "To visit my husband" when asked purpose of visit whether or not the I-130 has been filed or not. Or is it best to say for "pleasure and holiday".

 

So thank you in advance to all that can reply and offer some real world and sage guidance on these topics. It will be greatly appreciated and warmly welcomed.

 

 

 

 

 

[Boiler 45,776]

1. B1/2 they are usually issued combined.

2 Her application will ask for marital status etc and any immediate relatives in the US.

3. Get the visa first.

[StevenInAtlanta 41]

Boiler:  Thanks for the response, so can you please tell us what class of Visa it is that she is to apply for?

[Boiler 45,776]

B

[msohyun 1]

My spouse is from South Korea. We only have a NOA1. She will quit her job to study English and other exams and she lives with her family. Can she travel to the U.S. with a NOA2 (we expect the NOA2 after she quits according to the timeline) and just a return ticket? She will not have proof of return to employment or proof of housing.

[Boiler 45,776]

Using the VWP?

[msohyun 1]

On 11/5/2017 at 11:09 AM, Boiler said:

Using the VWP?

I think so. I don't know how that works, but would she just fill out an ESTA, buy a ticket and come here?

[calgary 0]

Hey everyone

I have a question..is it better to apply for a visitor visa before or after the I-130?

Im a PR in canada and my husband is a citizen of Usa.