Visiting Visa While IR1-CR1 Is Pending

[Elrona 101]

On 2/9/2018 at 10:40 AM, Boiler said:

Certainly high risk and nobody on here will be the one deciding.

 

I assume your jobs are part time/temp, can not work out how you could otherwise spend so much time on holiday.

 

December start date in Summit, something temp in the ski or tourism  industry?

 

I live not that far from Breckenridge, a bit higher, and wondering what you will be doing that you need to acclimatise for, something pretty physical.

 

Snow has been pretty #######, due a bit of a dump on Saturday.

I work as a ski instructor at home and as soon as I got back in January I started 6-day work week with little off time. In March, around the same time for my trip, the snow will probably be gone anyway ("love" living at low altitude, spring comes way too early) and ski instructor job would end. My other work just has a lot of freedom around the time with capability to do some of the work online.

 

And like you guessed - start date in December in Summit is for ski industry. More specifically ski patrol tryouts and as much as I've done research, skiing part of it is pretty much hard skiing on black slopes all day so it will be demanding. I'm not in a bad shape but when I got to Breckenridge in the fall, even walking and talking at the same time would leave me out of breath,  because not really used to altitude.

 

It is quite high risk travel (I try to stay positive but I am very nervous), I still feel like if I wouldn't try I would really regret it later (ski patrol try outs are just once every year and taking part this spring would give me the hope of getting the position in the upcoming winter IF I-130 also goes through nicely). Worse that can happen, is that I just get to take flight back to Europe, as much as I've searched into it.

[Tom12345 2]

Just thought I would add I am currently visiting the USA as we speak while my CR-1 is pending.  I was fully prepared to be asked questions at the airport and had my flight itinerary at the ready but they asked me no questions about it whatsoever.  The only thing the CBP agent said was that next time I could go through the US citizen line with my wife as it's "one of the benefits of being married to an American."  Who knew?!

[Invisigoth 16]

On ‎1‎/‎30‎/‎2018 at 9:23 AM, Invisigoth said:

Hello, friends!

 

My husband and I have been dating for almost two years now.  We live about four hours apart (Ontario and Upstate New York).  We generally visit each other every other weekend.  For the majority of our visits, he travels to the States, crossing at the 1000 Island bridge into New York.  Our crossings and interactions with the Border folks have always been great.  My husband has had to pull over for a quick search a couple of times.  I have yet to be stopped for an extra inspection.  When our children travel with us, the officers have been wonderful.  During my son's first crossing, I let them know he was hoping they would ask him some questions.  The officer even spoke a little French.  My son loved it!  Very official-like.

 

My husband and I were married on one of his weekend visits.  On his return trip he let the Canadian officer know that he was married.  The officer asked, "Where is your wife?"  Back in New York.  "Do you have anything in the trunk." No.  "Please pull over."  After a quick check, he was on his way. 

 

He came back to the States for the first time since we were married last weekend.  "Where are you headed?"  To visit my wife for the weekend.  "Have a nice day."  We filed our I130 while he was visiting.  His drive back early in the morning for work was pretty much the same.

As an update, my husband and I have received text and email confirmations that our i130 was accepted and transferred onto processing in Texas.  This past weekend we also got our NOA1 in the mail.  My husband has been asked no additional questions when crossing at the 1000 island bridge since our application was processed.  My son and I will be heading up to visit him and his children and our family this weekend.  This will be my first time crossing since our application was filed and received.  I will be carrying every possible document with me.  I'll let you know if there are any differences in our crossing routine.

 

Cheers!

[Mr_B 3]

Made a short 5-day trip to the US with pending I-130 last week, a 2-leg flight through Dublin airport specifically because of its immigration preclearance. 

 

I did notice the prep computer all US citizens and VISA Waiver folks (at least those who travelled to the US before on the same passport) have to use in Dublin airport did not auto-list my return flight, whereas my American wife traveling on the same booking did see all her flights listed. Probably a coincidence, but when the return flight is not auto-listed as a VISA waiver person, one has to show proof thereof to the immi officer.

 

In any case, I just answered the standard business or leisure question, showed the print-off with my return flight and got no follow-up questions. I think not mentioning the I-130 unless asked, and keeping all proof documents tucked away unless needed, is the best way to go.

 

PS Pre-clearance covers both customs and immigration, it's a straight walk out of the airport in the US, so once in the boarding area is nothing more to worry about. 

[Michael2017 368]

Hi,

 

I have been spending about 40% of my time in the US while waiting for my interview.  I did this via ESTA.

I made sure that I always spent more time outside than insider the US. While the I-130 was with USCIS,

there was never a question regarding a petition, even I traveled together with my wife. Therefore,

I do think that USCIS does not notify the CBP about pending applications. However, I recently

submitted my DS260, and the CBP officer immediately asked me about any pending petition.

He was very clearly warning me from overstaying my ESTA but gave me green light to enter without secondary

or other major problems. He wished me good luck on my visa journey finally   Thus, it is possible to enter with ESTA even after the DS260 is submitted, and clearly,CBP gets informed by  NVC about any pending visa application.

 

Something interesting and new:

 

I entered USA via Oslo Norway and every passenger had to pass 2 quite extensive pre-clearance interviews. The first one lasted about 5 min. and the second was about 3 min (at the gate). You receive a sticker on your passport with "security" and a unique number if you pass. I think, if they find something fishy, they will order to search your luggage very extensively. This is clearly new, but I must say I am more than welcoming this procedure and this extreme vetting as in this way, the bad apples could be identified even before boarding. I don`t think that the interviewer are CBP officer but they are also not ordinary airline staff. They are well trained (I assume by CBP) with their interview strategy and will most properly identify someone not being truthful as they ask very particular questions very fast.  I assume those pre -clearance interviews will be soon mandatory all over the world.

 

 

[Westdxb 0]

I have visited my husband more than 8 times since we applied for spouse visa. I normally stay there for 5-8 days.  Every time I entered USA ,Immigration officers always asked me the same questions : "purpose of visit' and 'length of stay' . There are times they asked me how much cash I have with me, or what's my husband doing,what do i do for living ,etc. But never questioned me about our pending applications.

The last two visits, the immigration officers did not even ask me anything, just asked me to do fingerprints, stamped my passport and that's all. I guess they have records on their system or something? 

 

I have my visa interview end of March.  Im curious, if i get my spouse/immigrant visa ,when are they going to cancel my visit visa? if everything goes well I am planning to move there this summer so  Will I be able to use my visit visa to visit my husband  before I move there? 

[MissMyHusband 22]

My husband is a Canadian citizen and he had all of that documentation and was still turned away. We filed the I130 and it was "accepted" in Feb 2018. We are going to file a K3 next week because we are hoping if it gets approved first he can come to the US sooner. Anyone else here from Canada and going through similar situation? 

[Boiler 45,525]

K3 is dead, lots of Canadians on VJ, there is a specific regional forum for Canadians.

[Quinton1980 15]

I travel very frequently from Bermuda to visit my husband in Chicago.  I have never been scrutinized to any uncomfortable level.  And also, now that I have Global Entry, using my British Citizenship, I do not get questioned at all.  Just hand my slip and walk right through.

[Quinton1980 15]

On 3/1/2018 at 9:03 AM, Westdxb said:

I have visited my husband more than 8 times since we applied for spouse visa. I normally stay there for 5-8 days.  Every time I entered USA ,Immigration officers always asked me the same questions : "purpose of visit' and 'length of stay' . There are times they asked me how much cash I have with me, or what's my husband doing,what do i do for living ,etc. But never questioned me about our pending applications.

The last two visits, the immigration officers did not even ask me anything, just asked me to do fingerprints, stamped my passport and that's all. I guess they have records on their system or something? 

 

I have my visa interview end of March.  Im curious, if i get my spouse/immigrant visa ,when are they going to cancel my visit visa? if everything goes well I am planning to move there this summer so  Will I be able to use my visit visa to visit my husband  before I move there? 

This raises an interesting question.  If you have been approved to immigrate, but you travel to the US and don't immigrate, will that cause you issues later?  Like will they ask you why didn't you immigrate when you were allowed to?  I would feel nervous about doing that.

[TennMike7 8]

Our i-130 was just approved at the Nebraska center a couple weeks ago and sent to NVC. We decided to try to have a short visit while we wait so my wife set up an interview for a tourist visa to come for a few weeks next month. Any chance that she will get denied? Any advice?

[ramesesthe2nd 149]

Can confirm. My wife is currently visiting on ESTA. She is going to stay here for 80 days and leave. Immigration at Chicago asked us questions about personal stuff (she doesn't have a permanent job in NL) and how we got married. She didn't lie one bit and had no issues whatsoever. Hoping to get NOA2 by the time she is going back.

[4000mf 33]

Visiting for a second time since we sent I-130 in early November 2017. At Christmas I just got purpose/length of stay, but just a couple of extra questions this time.

 

Purpose: Visiting wife in Savannah

What's your plan then?: I-130 pending, papers with USCIS

How long?: Four weeks.

How long did you stay in December?: Two weeks

How much cash?: Just a few dollars Sir, I use cards

Ok, welcome back.

 

No issues at all and now I'm with my wife and cat for four weeks

[TennMike7 8]

Well my wife went to go for her interview for a tourist visa. Our I-130 was just sent to the NVC. What are the chances she'll get approved for a tourist visa while we wait?

[bcking 3,157]

On 2/13/2018 at 5:01 PM, Tom12345 said:

Just thought I would add I am currently visiting the USA as we speak while my CR-1 is pending.  I was fully prepared to be asked questions at the airport and had my flight itinerary at the ready but they asked me no questions about it whatsoever.  The only thing the CBP agent said was that next time I could go through the US citizen line with my wife as it's "one of the benefits of being married to an American."  Who knew?!

My wife has her green card, lives with  me, and she still can't go to the US Citizen line. When we travel together they tell us both to go to the "Visa or Foreign Visitor" line, or I can go to my line and meet her on the other side.

 

Maybe it varies by airport? We fly into Houston (IAH) since we live there now. We just came back from a trip together two weeks ago and we both had to wait in the Visa/Foreign line.

 

On 3/1/2018 at 7:03 AM, Westdxb said:

I have visited my husband more than 8 times since we applied for spouse visa. I normally stay there for 5-8 days.  Every time I entered USA ,Immigration officers always asked me the same questions : "purpose of visit' and 'length of stay' . There are times they asked me how much cash I have with me, or what's my husband doing,what do i do for living ,etc. But never questioned me about our pending applications.

The last two visits, the immigration officers did not even ask me anything, just asked me to do fingerprints, stamped my passport and that's all. I guess they have records on their system or something? 

 

I have my visa interview end of March.  Im curious, if i get my spouse/immigrant visa ,when are they going to cancel my visit visa? if everything goes well I am planning to move there this summer so  Will I be able to use my visit visa to visit my husband  before I move there? 

If you are getting an IR-1/CR-1, as your profile states, you should be able to just enter on your permanent resident visa after you get it, and then leave if you need to go home. There isn't anything that makes you stay here once you come.

 

My wife "moved" here in late April, but flew back home to the UK in late May, maybe 3-4 weeks later. She stayed for a couple more weeks (had some weddings to go to, and more packing etc...) and then came back. That was all done on her IR-1/CR-1 in her passport. I think she got some questions like "Why did you leave?" when she came back the second time, but there are no rules saying you can't leave the US again.

 

If it's multiple "visits" before you finally move I don't know. I'm fairly certain that it is effective on your first trip after you get your passport back. You can't just choose not to "activate" it or something. But I still don't see why they would care if you are making frequent trips home. You are still a citizen of your home country, and you are permanent resident of this one. So you would be able to go back and forth. 

 

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

 

I've told my wife's story in this thread before but it's been awhile so I'll just repeat it again for people - She visited once during our application process. It was during the "NVC stage" (The I-130 was already approved, and it was in transit to the NVC). We were coming to the US together, as we had just traveled on holiday extensively over the summer. I was flying "home", while she was coming with me to stay for a few weeks before she would fly back to the UK. We had a stop over in the UK though so our flights were just from the UK. We flew through Dublin because A. We spent a couple days there and B. She liked the "pre-flight" immigration process so that you aren't stressed out once you land after a long flight.

 

We had a very rough time. She eventually was allowed through but it took us a couple hours of being separated and interviewed individually. We had all our paperwork. The officer that interviewed us was incredibly disrespectful. Condescending, rude, judgmental. As I said she eventually was allowed in, but she never visited again until we got the visa.

 

The more I hear other people's stories the more I think it was because A. We were travelling together and B. We were flying through Dublin. Perhaps they have higher rates of overstayed visas from people who go that route. I don't know. Just something to keep in mind. This was in August 2016.