Visiting Visa While IR1-CR1 Is Pending

[Haiti2USA 4]

On 2/10/2014 at 12:34 PM, Harpa Timsah said:

I would like to add that you can also apply for or renew a tourist visa when you have immigration pending, with the same considerations above.

How is this done? Do I need to send my husband a invitation letter? How long does that take to process (tourist visa)?

[Boiler 46,102]

He just applies time depends on the backlog. Few weeks usually.

[4000mf 33]

On 23/10/2017 at 12:04 AM, 4000mf said:

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. 

I wanted to come back to update on this story!

 

I’d spent weeks worrying, stressing, expecting another secondary interview, but after being away for 11 months I was waved straight through.

 

Why are you here? To see my wife.

 

How long for? Two and a half weeks.

 

*stamped*

 

I-130 was sent in November and I took the NOA1, immigration attorney receipts, a letter from an employer about a future booking, bank statements, anything I could think of to show my intention to return to the U.K. and to eventually immigrate ‘the right way.’ None of it was necessary. 

[MyJourney 276]

15 hours ago, 4000mf said:

I wanted to come back to update on this story!

 

I’d spent weeks worrying, stressing, expecting another secondary interview, but after being away for 11 months I was waved straight through.

 

Why are you here? To see my wife.

 

How long for? Two and a half weeks.

 

*stamped*

 

I-130 was sent in November and I took the NOA1, immigration attorney receipts, a letter from an employer about a future booking, bank statements, anything I could think of to show my intention to return to the U.K. and to eventually immigrate ‘the right way.’ None of it was necessary. 

Thank you for sharing your experience, very informative and useful. 

[4000mf 33]

On 16/01/2018 at 3:08 PM, MyJourney said:

Thank you for sharing your experience, very informative and useful. 

You’re welcome, this whole thread has helped me a great deal, so I wanted to be a contributor in the hope that my particular circumstance might give some hope to others, as many comments here did for me.

 

My new ESTA was just approved so I’m flying high right now. A couple more short visits this year while we wait for the CR1 shouldn’t raise too much hassle I hope. 

[MyJourney 276]

My wife came in in ESTA for the 3rd time now. We were a bit worried, but thankfully, everything went really well. I did want to share one detail that may be useful to all those couple who miss each other so much and want to spend as much time together as possible. In our case we bought our tickets for just under 90 days every time and it had worked just fine up until now. So, I would say it is just fine to stay up to 90 days per visit unless you actually don't have time and cannot stay stay that long. 

[Filters 2]

Hello everyone,

 

so i wanted to share my story.

My wife and I got married last year in july, after i stayed for 10 weeks.

At end of November i came back to the states and i was asked how long i want to stay. I told him 10 weeks.

I got asked why 10 weeks? What will you do? and so on. I told him for vacation, where i will visit friends and the trips we have planned.  And the reason why 10 weeks i told him, because i am allowed to stay up to 90days and i would like to stay as long as i can afford. So I answered all questions truthfully. Then i got asked are you high? Since according to the officer i had red eyes...

I told him no i am not. He didnt believe me and sent me to another officer. This one asked me are you on alcohol? (i was thinking, wth?)

Anyways i told him everything again. He was very unfriendly and didnt believe me either i guess. So i recieved a Yellow envelope and had to go to an office with it.

After a short wait a 3rd officer called me up and told me the reason why im in here is because i wanted to stay 10 weeks.  He was friendly. Nothing about intoxicated or anything like that.

He told me he will let me in, but i should not come back till next november, except i got documentation for my stay, or a emergency or for buisness.

After i showed him my backflight ticket he stamped my passport and i was free to go.

Im not sure what they mean with documentation.

I would like to come back this comming may. But i am scarred now.

[Boiler 46,102]

Sounds like you are spending more time in the US than your home country, you mention vacation what do you that gives you so much time off?

[Filters 2]

Just now, Boiler said:

Sounds like you are spending more time in the US than your home country, you mention vacation what do you that gives you so much time off?

I freelance IT Support.  It sure looks like i spend more time in the states, but fact is i aint. i stayed 10 weeks in the states so  approx. 70days  after that i stayed over 100 days back at home.

[Boiler 46,102]

7 minutes ago, Filters said:

I freelance IT Support.  It sure looks like i spend more time in the states, but fact is i aint. i stayed 10 weeks in the states so  approx. 70days  after that i stayed over 100 days back at home.

just working part time does not look that good I would take their advice seriously. Perhaps if you get a full time job things could look different.

Edited January 22, 2018 by Boiler

[Filters 2]

7 minutes ago, Boiler said:

just working part time does not look that good I would take their advice seriously. Perhaps if you get a full time job things could look different.

I forgot to mention, we didnt send off I-130 yet, since i had to go back home to collect all evidence of a bonafide relationship.. But we are doing it now on my stay. This is also a reason why i came back to the states to do this together with my wife and ofc to spend as much time as possible with her.

Edited January 22, 2018 by Filters

[Michael2017 368]

18 minutes ago, Filters said:

I freelance IT Support.  It sure looks like i spend more time in the states, but fact is i aint. i stayed 10 weeks in the states so  approx. 70days  after that i stayed over 100 days back at home.

70 in, 100 out, 70 in (as you suggested), means simple math, at the end of your trip, you would have stayed for 140 days in the USA, while 100 abroad.

Do you work for clients outside or inside USA while on your visits? Are you in your 20s`? Sometimes CBP is harder to younger visitors because they expect less ties back home.

Edited January 22, 2018 by Michael2017

[Filters 2]

7 minutes ago, Michael2017 said:

70 in, 100 out, 70 in (as you suggested), means simple math, at the end of your trip, you would have stayed for 140 days in the USA, while 100 abroad.

Do you work for clients outside or inside USA while on your visits?

No. I dont work while im in the states. I would not know where to start here anyways, plus i know thats not legal and im not even going there. And i cant do work for clients back in Switzerland while im here, since i  mostly work hardware.

Edited January 22, 2018 by Filters

[Michael2017 368]

Did you mention to them that you are married? "I  told him for vacation, where i will visit friends and the trips we have planned"

If not, it could be held against you as in reality you visited your wife, however, if they did not ask directly, you would be most properly alright.

 

They want to see ties to your home country when you visit, this is what they mean as documentation.

If you mention in May that you visit your wife, and that you filled the I-130 it could be that you are ok, as now they know

why you spend so much time in the US. You are from Switzerland, together with Austria , Scandinavia, Canada and Australia one of the best developed countries in the world. I think you can give it a shot if you prepare yourself well and bring enough ties to your home country with you.

[Boiler 46,102]

16 minutes ago, Filters said:

I forgot to mention, we didnt send off I-130 yet, since i had to go back home to collect all evidence of a bonafide relationship.. But we are doing it now on my stay. This is also a reason why i came back to the states to do this together with my wife and ofc to spend as much time as possible with her.

No need for you to be in the US to file an I 130.