Visiting Visa While IR1-CR1 Is Pending

[Michael2017 368]

2 hours ago, kellyschwan said:

I'm hoping we will have submitted our Ds-260 by the time my husband needs to be in the USA next April for a short visit. Should he apply for an ESTA now while we're still in the I-130 stage?

 

And based on what you're saying, we should prepare for a much lengthier questioning if we are on the Ds-260 stage. Any questions throw you off guard? Guess it'll be good practice for the interview

 

He wants to come stay for about 2 months, but I think that's too long to prove to the CBP officers that he's not planning on overstaying. Any thoughts? 

It became 2 time  a mini interview you would expect at the embassy. The CBP wants to make sure your marriage is real , and this way, they know you will get a green card to 99% and no need to overstay illegally. I think their fear is that you have involved in marriage fraud, and maybe decide not to end the process. Questions like " when did you marry", "how did you meet", "what does she work" came up. Secondly, they want to make sure that you dont work while in the USA extended periods, so they ask what your intended job is once you immigrate.

I always got 90 days approval, and they wished me luck. I think they have been happy to find out everything was ok with my petition. So, their 2 main concerns are:

- Legit relationship and lawful petition is ongoing

- You will not work in the USA before you get your green card

The CBP interview has clearly become longer and more intense after DS-260 is files.

 

ESTA is given via a software, so it does not matter if you apply after or before DS-260 is submitted, but if you ask me, I would do it before.

 

[hm139 55]

Update: Husband and cat successfully entered, POE Atlanta. Not sure what they asked him as I'm on my way to pick him up now, but he entered on ESTA. His interview is scheduled in two weeks in his home country. So yes, more proof that spouse + pets can come while CR1 is in progress.

[AbbyD 10]

Hi everyone,

 

I (USC) live in Ecuador with my husband. We applied for the I-130 about a month ago, so it's processing. We plan on going to the states (DC) for christmas to see my family. My husband has a tourist visa.  So, technically we are going to the states to see my family, not for him to see me, as we live together in Ecuador. Does anyone foresee any issues or have any advice on what to bring besides a copy of the NOA1, our lease, and proof of employment?

 

Thanks!

[LiddiaJ 11]

Hi folks,

 

My USC husband has an opportunity for a job beginning in the US in January ( RIGHT?!?!) We started our i 130 journey never thinking that something like this would occur... but it did! We were planning on waiting until my Visa had been approved and then moving together, along with our 7 yo son.  IF he is successful with this job, the plan is that he will move in January and our son and I would come later...approx mid Feb 2019 after I have my eldest son settled at uni. At that point, our 7 yo and I would fly to the US...me to visit for approx 6 weeks as I would need to return for my daughters university graduation AND for my Visa interview which at best guess (haha) would happen in April/May sometime (assuming the planets align in my favour.. again haha ), Our son however ( who just received his US citizenship this week!!) would stay with his dad in the US so he could start school etcetc rather than missing a ton of school here and being dragged back and forth across the planet. I suppose my question is this... is leaving my son in the US while I return to Australia alone likely to cause issues with me being allowed to enter the US to visit my husband under the VWP?

 

Thanks in advance

[dash80 0]

This is US embassy in Tokyo Japan web page that US Government officially stating IR1-CR1 applicant can "visit" USA while waiting. It clearly stating you "can not reside" but "can visit" while waiting.

 

 https://jp.usembassy.gov/visas/faq-list/spouses/

 

Can I travel to the United States while my application for an immigrant visa is being processed?

 

If you intend to take up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the United States on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend to return at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a Japanese residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend to abandon your residence, you will not be issued a visa.

When traveling to the United States either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the United States.  If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

[Chantiago 0]

My I-130 is currently pending and I am intending to visit my husband in the States!

I'm planning to stay for around 80ish days with my VWP... Would this be okay..?

I just want to be with my husband 😢 

[Jon & Ygritte 178]

I applied for a new ESTA this summer with my married name. No problem. Then I visited for 45 days - again no problem.

[tomuk 25]

I was trying to read this thread and didn't find my case. So here is facts:

• I am Czech Republic citizen living in UK
• we got married last month in Denmark (Nov 2018)
• I am renting house (since Oct 2018) with minimum agreement 6 months
• I own car
• I regularly pay all bills (water, electricity, car insurance) 
• I am self employed and own company with clients in UK
• I was denied entry in June 2018 on VWP after 90 days visit March - June 2018 (relation problem)
• I was refused tourist Visa July 2018 
• we are sending our petition I-130 today (Dec 2018)

 

So my question is if you think that it's worth it to request tourist visa in March (definitely after NOA1) to visit in April for 3 weeks? Any advice what should I bring to embassy when requesting Visa, based on information above? Reason to come there is to celebrate my birthday and wife's daughter's birthday, stay 20-35 days (no longer). Also, plan is that on my way back, my wife will come with me on same plane (which is probably useless for embassy as I won't have ticket that time, but at POE it might help - am I right?).

 

Thank you in advance.

[hm139 55]

3 hours ago, tomuk said:

 

• I was refused tourist Visa July 2018 

If I'm reading you correctly you had a one-month overstay which resulted in you being ineligible for VWP. You then applied for a tourist visa in the same month, with hardly any time spent outside of the US after your overstay. So... Why do you think you were refused a tourist visa? It sounds like you weren't able to show close ties to the CR. What has changed in the last six months, besides your rental agreement? 

Edited December 14, 2018 by hm139

[tomuk 25]

1 minute ago, hm139 said:

If I'm reading you correctly you had a one-day overstay which resulted in you being ineligible for VWP. Why do you think you were refused a tourist visa? It sounds like you weren't able to show close ties to the CR. What has changed in the last six months, besides your rental agreement?

I didn't overstay, I left 88 days (maybe 87) after entering. I arrived "back" too early after departure from US and also being stupid not buying return ticket. Officers told me that actually return ticket is the issue. Everything else would be fine (they were very kind, we were joking too etc. I didn't feel any pressure from their side, just following rules).

I haven't got rental agreement during last Visa request but she didn't ask for any. I haven't got CR processing either. During interview, she didn't believe me that I have no intention to stay and she refused visa with "you can get K1 visa and get marry using it". She told me this won't have any effect in future processing, not sure how I can believe that, and that's why I am asking.

 

I guess rental agreement and getting married with I-130 petition is biggest change. I want to play with that I don't want to screw anything up so any illegal behavior will lead to my CR-1 Visa denial.

 

Of course I don't believe that this is enough.

[hm139 55]

1 minute ago, tomuk said:

I didn't overstay, I left 88 days (maybe 87) after entering. I arrived "back" too early after departure from US and also being stupid not buying return ticket. Officers told me that actually return ticket is the issue. Everything else would be fine (they were very kind, we were joking too etc. I didn't feel any pressure from their side, just following rules).

I haven't got rental agreement during last Visa request but she didn't ask for any. I haven't got CR processing either. During interview, she didn't believe me that I have no intention to stay and she refused visa with "you can get K1 visa and get marry using it". She told me this won't have any effect in future processing, not sure how I can believe that, and that's why I am asking.

 

I guess rental agreement and getting married with I-130 petition is biggest change. I want to play with that I don't want to screw anything up so any illegal behavior will lead to my CR-1 Visa denial.

 

Of course I don't believe that this is enough.

That's tough. It read to me like you stayed March, April, May, June and then tried to return again later in June. So if you were able to spend four months outside your country, it makes them wonder. Maybe they think you are trying to find clients in the US. Filing the I-130 could be in your favor, I suppose, because it shows you're going to go through the process legally, but if they already denied you a tourist visa once six months ago it doesn't sound like they will grant it to you now. No harm trying... 

[tomuk 25]

1 minute ago, hm139 said:

That's tough. It read to me like you stayed March, April, May, June and then tried to return again later in June. So if you were able to spend four months outside your country, it makes them wonder. Maybe they think you are trying to find clients in the US. Filing the I-130 could be in your favor, I suppose, because it shows you're going to go through the process legally, but if they already denied you a tourist visa once six months ago it doesn't sound like they will grant it to you now. No harm trying... 

No, arrival was at the end of March and leaving June, sorry for confusion. By initial message "after 90 days", I meant that I used (almost) all available period which is definitely good at all.

I want definitely try that, also it will be 9 months. As I mentioned my wife (that time not) as my fiancee already, it could be also enough to show that relationship is strong enough? I mean in case any fraud, I would not wait, right...

 

No, seriously, I would like to know what can I do to increase my chances... rental agreement and I-130 are nice, but is it enough? On POE, I can show them return ticket including the one that my wife will fly with me on same flight back to my home country. Why we would spent that money if that wouldn't be true... But first, I have to get tourist visa since I am not eligible to travel with VWP.

[Elrona 101]

20 minutes ago, tomuk said:

No, arrival was at the end of March and leaving June, sorry for confusion. By initial message "after 90 days", I meant that I used (almost) all available period which is definitely good at all.

I want definitely try that, also it will be 9 months. As I mentioned my wife (that time not) as my fiancee already, it could be also enough to show that relationship is strong enough? I mean in case any fraud, I would not wait, right...

 

No, seriously, I would like to know what can I do to increase my chances... rental agreement and I-130 are nice, but is it enough? On POE, I can show them return ticket including the one that my wife will fly with me on same flight back to my home country. Why we would spent that money if that wouldn't be true... But first, I have to get tourist visa since I am not eligible to travel with VWP.

If you get to POE, having your I-130 paperwork on you, might be helpful, either NOA1 or NOA2. Don't show unless asked but in my case, as soon as I said that I have NOA1, my passport was stamped (he asked so many questions I honestly thought I'll be sent to secondary).

[tomuk 25]

1 minute ago, Elrona said:

If you get to POE, having your I-130 paperwork on you, might be helpful, either NOA1 or NOA2. Don't show unless asked but in my case, as soon as I said that I have NOA1, my passport was stamped (he asked so many questions I honestly thought I'll be sent to secondary).

Thank you! I am not scared of POE that much as of embassy 😞 

[Boiler 45,498]

I would think it would be a waste of time and money, you stayed for nearly 3 months and then tried to come back in the same month you left on a single ticket.

 

No idea what sort of employment you have that allows that much time off.