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Visiting Visa While IR1-CR1 Is Pending

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Can I enter the US on a C/1D visa while my I-130 is pending? I should mention that My reason for entry is NOT to adjust status or stay in the US, I strictly intend to board my ship and go to work!

Edited by SimonSailor
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Filed: Lift. Cond. (apr) Country: China
Timeline

Can I enter the US on a C/1D visa while my I-130 is pending? I should mention that My reason for entry is NOT to adjust status or stay in the US, I strictly intend to board my ship and go to work!

You can use the crew visa while the petition is pending; the decision on whether or not you are ultimately admitted rests with CBP.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Lift. Cond. (pnd) Country: Spain
Timeline

Last April 14th my spouse (the US citizen) and I went to US for a week to visit friends and family. So far, both of us live in Spain and we have a I-130 case pending. The first issue was what to do at the passport control, especially in my case as a Spaniard using VWP program. Should I have gone through the GCholders / American citizens line as a family member? Finally, we decided to clear passport control separated. I went through all citizens line and my spouse through American citizens line.

I was very well prepared with documents to prove our ties to Spain.

The CBP agent just asked me five questions:

1. How long are you going to be in the US? One week

2. Which is the purpose of your visit? Vacation (I deliberately omited any reference about visiting friends and my family in law in order to avoid further questions)

3. When was the last time you were in the US? May 2013

4. What are you doing in life? I explained to him my current job

5. How many cash money do you have? 300 USD.

I strictly answered the questions he asked. He took my fingerprints, picture and stamped my passport.

That was all.

No mention neither to my current marital status nor my I-130 application.

I am sure they can not see any link to my visa situation when they check the passport number in the PC. There must be different databases. Otherwise, there is no doubt he would have asked me about that.

I-751 ROC
2016-08-31 I-751 form sent to USCIS
2016-09-02 NOA 1
2016-10-13 Biometrics appointment

N-400

2017-08-31 Filed N-400 online

2017-08-31 Receipt Notice

2017-09-18 Biometrics Appointment

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Filed: IR-1/CR-1 Visa Country: France
Timeline

Indeed you can visit !

I just went 10 days for business purposes.
My spouse lives in France with me, so it probably helped, but generally there is not issue in visiting. It even proves that you have the money to travel.

--Stupid

Click here for my Timeline Details

IR-1 Visa, filling from abroad (embassy: Paris, France), dates formats mm/dd/yyyy
08/19/2013 I-130 NOA1
10/05/2013 Alien# notification
02/13/2014 I-130 transferred to CSC
02/27/2014 I-130 NOA2
04/09/2014 -- NVC received + case number assigned
04/11/2014 -- Completed DS-261 online
04/14/2014 -- I-864(AOS) Bill Generated and paid
04/17/2014 -- DS-261 accepted
04/20/2014 -- IV bill invoiced and paid
07/08/2014 -- DS-260 completed online
07/14/2014 -- Sent I-864(AOS) Package
08/04/2014 -- NVC scan date (email)
08/21/2014 -- Checklist for AOS (missing 2013 tax info and missing IV civil docs)
08/22/2014 -- IV civil docs sent
09/08/2014 -- NVC scan date (email)
09/04/2014 -- AOS documents sent again !
09/11/2014 -- Checklist for civil docs (US marriage certificate wanted vs. FR one sent)
09/12/2014 -- US marriage certificate sent
09/17/2014 -- NVC scan date (email)
11/28/2014 -- Case Complete
01/05/2015 -- Medical
01/06/2015 -- Interview
01/13/2015 -- Visa in Hand
04/28/2015 -- POE

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I tried the visit things with all the papers and they cancel my visa! I have all the right papers ticket to come back, my job letter and they cancel my visa!

NOA1 I130 - March 20 2014 TSC
NOA2 I130 - August 20 TSC
Sent to NVC August 27 from TSC
Received - September 15
Case Number and IIN - September 17
AOS/IV FEE -Sept 17
PAID - Sept 17
Ds260 Complete- Sept 25
Package sent Sept 30
Scan Date Oct 2
Case Complete - November 25 :dancing:

Interview: January 28 APPROOOVEDDDD!!

Visa Issued: January 28

Finally Home (L) : Feb/7/2015

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

I tried the visit things with all the papers and they cancel my visa! I have all the right papers ticket to come back, my job letter and they cancel my visa!

Did they say why? or give any indication as to why?

RobbieG,

Dallas, TX

event.png

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I tried the visit things with all the papers and they cancel my visa! I have all the right papers ticket to come back, my job letter and they cancel my visa!

Please give us a detailed explanation of what happened. What do you mean, they cancelled your visa? Tourist visa? IR-1/CR-1 Petition/application in progress?

USCIS (Priority date April 1, Approval April 17, no RFEs)

March 28, 2014: I-130 sent via FedEx from Bogotá to Chicago Lockbox

April 1, 2014: Delivered to Chicago Lockbox at 10:29 a.m. according to FedEx tracking; signed for by J. CHYBA (date confirmed by My Case Status)

April 4, 2014: NOA1 e-mail received at 12:17 a.m.; case accepted and routed to CSC for processing. Check cashed.

April 17, 2014: Changed mailing address with USCIS Tier 2 representative. He also confirmed that our case had arrived to the CSC and that our NOA1 date is April 3.

April 18, 2014: NOA2 e-mail received at 12:30 a.m. Case status online changed to post-decision activity; date of "last updated" changed to April 17. Change of address e-mail received at 3 a.m. Status changed back to initial review on e-mail and online. Date of "last updated" now April 18. Called and spoke to two Tier 2 reps; both were useless.

April 21, 2014: Approval confirmed verbally by Tier 2 rep. Order put in to send second NOA2 hard copy to new address. Instructed to ignore online case status.

April 25 or 26, 2014: NOA1 hard copy arrives to old apartment in Bogotá. Priority date actually April 1. (April 3 was the notice date.)

May 16: USCIS change of address e-mail received

May 19: USCIS e-mail received saying a duplicate notice was mailed on this date. Case status now set to "Acceptance."

May 22: NOA2 duplicate hard copy arrives to U.S. address

NVC

April 29, 2014: Case received

​May 22, 2014: Case number and IIN assigned. Asked operator about our move from Colombia to Argentina and received instructions.

May 24, 2014: E-mails about embassy change/address change sent to nvcinquiry@state.gov at 4:36 p.m. NVC time

​June 3, 2014: Payment portal message "This case is in the process of termination" appears. DS-261 appears, submitted. E-mails received from NVC concerning case number and AOS bill.

June 4, 2014: AOS payment invoiced, paid; DS-261 received by NVC

June 6, 2014: AOS payment shows as PAID in payment portal

June 17, 2014: Response received from nvcinquiry@state.gov. "The correspondence submitted is currently under review. An appropriate action will be taken once this review is completed."

June 24, 2014: AOS package sent via FedEx overnight shipping from Houston to NVC

June 25, 2014: AOS package delivered at 9:43 a.m. according to FedEx tracking; signed for by F.FNU

July 1, 2014: AOS package scanned

July 18, 2014: Checked payment portal and saw: "CASE NUMBER CHANGE: The applicant's case number, [bGT#], has been changed to [bNS#]." Called and confirmed. Also said today marked 30 business days since NVC received DS-261; operator said she would have that reviewed and make IV payment available ASAP.

August 5: E-mail sent to nvcinquiry@state.gov concerning changing our embassy BACK to Bogotá at 6:41 p.m. NVC time

August 6: IV invoice e-mail FINALLY received at 2:13 a.m. NVC time

August 7: IV payment made available on payment portal; paid

August 8: IV payment shows as PAID in payment portal; DS-260 becomes available

August 14: Checklist received; errors on sponsor's I-864 form and on joint sponsor's I-864A

August 15: DS-260 submitted

August 29: Checklist response and IV package sent via FedEx ground from Houston to NVC

September 4: Checklist response and IV package delivered at 11:21 a.m. according to FedEx tracking; signed for by GPETERS

September 8: Checklist response and IV package scanned

September 10: DS-260 accepted; false checklist received

September 17: E-mail response received from asknvc@state.gov (30 business days/43 calendar days later): Correspondence under review

September 26: Embassy change approved; new case number assigned

October 30: CASE COMPLETE

Embassy

Interview scheduled: Nov. 10 -- Medical: Nov. 25 -- Interview: Dec. 1, 9:30 a.m. APPROVED! -- Visa in hand: Dec. 5 -- POE: Dec. 29 in Houston

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Did they say why? or give any indication as to why?

Please give us a detailed explanation of what happened. What do you mean, they cancelled your visa? Tourist visa? IR-1/CR-1 Petition/application in progress?

Yes, I tried crossing the border at the port entry in Nogales, Az, they asked me about my trip, I told them I was going for a vacation, for 2 weeks, my parents own a bussines here so I show them those papers, I also work as an instructor chef, showed them those papers too, the guy asked me a few more questions, I never lie, I was a tourist visa holder since im 3, all my family too, I have a really good record, still they detained me just to cancel my visa for like 10 hours with a bunch of ilegal people. The official told me it wont give me any trouble with all this whole process, they give me a bunch of papers that prove that, and they told me , they dont recomend to visit while this whole process is going on.

NOA1 I130 - March 20 2014 TSC
NOA2 I130 - August 20 TSC
Sent to NVC August 27 from TSC
Received - September 15
Case Number and IIN - September 17
AOS/IV FEE -Sept 17
PAID - Sept 17
Ds260 Complete- Sept 25
Package sent Sept 30
Scan Date Oct 2
Case Complete - November 25 :dancing:

Interview: January 28 APPROOOVEDDDD!!

Visa Issued: January 28

Finally Home (L) : Feb/7/2015

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Anyone have issues with the USC visiting them? My husband is coming here tonight and I'm afraid Canada will give him ####### for visiting me :( after all, when I crossed, it wasn't the I-130 that caught their attention, but just the fact that I was visiting my husband.

I am the beneficiary.

July 2010: Met in Germany

Sept 14th 2012: Started Relationship (visited each other 20+ times since then)

May 1st – Aug 31st 2013: J1 Stay in US

Dec 23rd 2013– Jan 4th 2014: Trip together to Germany

Jan 30th, 2014: Married in VA!

Feb 11th, 2014: Back in Montreal

USCIS Journey

Feb 13th, 2014: Sent I-130 packet overnight (delayed by DC storm)

Feb 18th, 2014: I-130 received by USCIS (PD)

Feb 20th, 2014: NOA1 (email)

Feb 25th, 2014: NOA1 (paper)

June 11th, 2014: NOA2 (email)

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Not in Canada. He came up for a month and a half visit without issues, and again when we got married (stating that specifically) and again when he came to get me, with only a one way ticket.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Not in Canada. He came up for a month and a half visit without issues, and again when we got married (stating that specifically) and again when he came to get me, with only a one way ticket.

That's so great to hear! Thank you! Do you think it'd be any more of an issue if I was with him driving into Canada? Or is the Canadian border just very nice and understanding with this all?

I am the beneficiary.

July 2010: Met in Germany

Sept 14th 2012: Started Relationship (visited each other 20+ times since then)

May 1st – Aug 31st 2013: J1 Stay in US

Dec 23rd 2013– Jan 4th 2014: Trip together to Germany

Jan 30th, 2014: Married in VA!

Feb 11th, 2014: Back in Montreal

USCIS Journey

Feb 13th, 2014: Sent I-130 packet overnight (delayed by DC storm)

Feb 18th, 2014: I-130 received by USCIS (PD)

Feb 20th, 2014: NOA1 (email)

Feb 25th, 2014: NOA1 (paper)

June 11th, 2014: NOA2 (email)

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Canadian border patrol are awesome comparably.

These are things I'll miss about this country. Thanks, NLR :)

I am the beneficiary.

July 2010: Met in Germany

Sept 14th 2012: Started Relationship (visited each other 20+ times since then)

May 1st – Aug 31st 2013: J1 Stay in US

Dec 23rd 2013– Jan 4th 2014: Trip together to Germany

Jan 30th, 2014: Married in VA!

Feb 11th, 2014: Back in Montreal

USCIS Journey

Feb 13th, 2014: Sent I-130 packet overnight (delayed by DC storm)

Feb 18th, 2014: I-130 received by USCIS (PD)

Feb 20th, 2014: NOA1 (email)

Feb 25th, 2014: NOA1 (paper)

June 11th, 2014: NOA2 (email)

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