Visiting Visa While IR1-CR1 Is Pending

[SimonSailor 4]

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 May 3, 2014 by SimonSailor

[Ryan H 3,851]

  On 5/3/2014 at 11:39 AM, SimonSailor said:

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.

[SimonSailor 4]

Thanks Ryan, it's so hard to find any kind of solid info on this stuff!

[altito 63]

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.

[sam89 3]

Has anyone from Jordan tried this? I've been trying to convince my husband but everyone keeps telling him that it's a waste of money because he'll never be approved for a visit. Even the people at the Embassy were saying so.

[stupid 2]

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.

[alepenaflor 92]

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!

[RobbieG 94]

  On 5/7/2014 at 8:05 PM, alepenaflor said:

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?

[Abby&Mario 100]

  On 5/7/2014 at 8:05 PM, alepenaflor said:

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?

[alepenaflor 92]

  On 5/9/2014 at 2:20 AM, RobbieG said:

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

  On 5/9/2014 at 11:09 PM, Abby&Mario said:

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.

[Tala202 27]

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.

[NikLR 13,232]

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.

[Tala202 27]

  On 5/10/2014 at 1:06 AM, NLR said:

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?

[NikLR 13,232]

Canadian border patrol are awesome comparably.

[Tala202 27]

  On 5/10/2014 at 2:47 AM, NLR said:

Canadian border patrol are awesome comparably.

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