Visiting Visa While IR1-CR1 Is Pending

[kellyschwan 4]

Hi guys! My husband and I will be entering the USA from Sydney (POE  - Dallas) in a couple weeks. He will be on a tourist visa through VWP. We're going to visit family and to have a more formal wedding celebration for us in April. We just received our Case & Invoice Number from the NVC last week, and will expect to have our D620 completed and submitted before we leave. 

 

Question I have is what documentation should we bring with us in case the CBP officers ask for more information? He is a contracted carpenter, so he doesn't have a full time employer, but can get letters from jobs he is working on saying he is expected back in April. We also live with his parents in Sydney, but can get a letter from them saying we pay rent & are expected back. We have a car in Sydney and have plenty of money in our bank accounts to prove sufficient funds for a 3 week trip. Anything else I'm missing? 

 

And lastly, is it OK for him to wait in the US Citizens line with me or does he have to go through the seperate ESTA line?

 

Cheers,

Kelly

[Elrona 101]

On 2/25/2019 at 7:23 AM, kellyschwan said:

 

And lastly, is it OK for him to wait in the US Citizens line with me or does he have to go through the seperate ESTA line?

 

Cheers,

Kelly

As from the worker just near the lines. We were directed to the US Citizens line once (husband is USC, I was on ESTA) and once I had to go to ESTA line.

[HappyDiane 1]

Reposting. I originally posted in K1 forum. Just saw this now.

 

Let me share mine, including the traveling part.  I have acquired my B1/B2 visa long before i went into immigrant processing. So my experience will just enlighten those who already got the tourist visa already.

 

2010  -  Applied for student visa for a 2 year college course. Got accepted to a state college in California since i can't afford university tuition for international student.  But unfortunately, got denied by a friendly young consul who more like chatted with me in that faithful visa interview in the Philippine embassy and yet gifted me with a blue paper after. 

 

2015 - Fast forward after 5 years. Applied for B2 and probably got approved through my work  being my ties here. I don't have property in my name, nor a family (husband or any kids) nor have big funds in my bank account. Just a few Asian stamps on my passport to show them that I will be just like in any other countries I've been. A tourist wanting to see how Christmas was like there. The consul actually discouraged me and said Christmas there was not as fun as  the Philippines.  But  I went there anyway to Chicago. Finding out he's right. And winter can be as enjoyable as watching the snowflakes for a while and ending up just getting glued to Netflix. Not being able to get out as I am not used to driving icy roads. My friends were of course working and wont be able to drive me around on weekdays.  But well I did have fun on weekends  with them. And on Christmas and New Year. Nothing beats Filipino style of celebration wherever we are. Family and friends get together are always great fun. Even i don't know much anybody there. 

 

Anyways, going back at the port of entry,  being my first time there, I'm also nervous as the officer asked me three things. Whats the purpose of my visit, who am I going to visit and when will I go home. I answered, I am going to see my friends and relatives, spend holiday with them and be back by January. He's didn't ask a lot but did asked me to show him my return ticket. He then just said enjoy my trip.

         

- 2016  I met my special someone through my friend's matchmaking. A relationship blossomed from being friends to a nice relationship. And he visit me in Nov but not till 2017 we made it official. We got engaged.

 

- 2017 He went back to visit me here and we decided that I'll come with him back to his home.

We use different airlines cause we bought my tickets in such short notice and no available ones already in same day schedule.  So we planned to meet in LAX and from there fly to his Nebraska home,  he's ahead on me by two hours. At POE, I sure got bombarded with questions. When the IO asked me the purpose of visit.  I answered truthfully that I am going to meet my fiance. He then asked me where he is. I said he's waiting outside arriving from Manila himself. He  asked if hes citizen or green card holder. I said he is American. He then asked, where i met him. How long are we in a relationship, am I intending to marry him there.  Am i planning to adjust status. Where is he working. What is his job. What's my job? Where's my family? Do I have family in US? The IO took his time in between asking me a lot of questions in a little louder than normal voice to me that i can notice the people in queues were getting interested  to listen on and i am already having horror scene in my mind that I am going to get deported. When he asked me how long will I stay here. I said, I only got 2 weeks vacation leave from my work and i have to go back after new year.  Then I gave him my return ticket. After seeing that he finally let me go.  But my ordeal didn't stop there.  When i went to get my luggage. It wasn't there anymore. So I asked around where can i get to PAL office thinking they might kept it. PAL is in the departure area where bags are checked-in. So  when I proceed to the exit the immigration. An officer asked me where's my luggage. I said i lost it and going to the airline booth to check it out. She then led me to another aisle and have me queue again to another window booth. This one seems to have few people in line where luggage are being open and check. I don't understand why she brought me there when i dont have one to be checked but just carrying my laptop and a shoulder bag. Then again i was questioned almost the same things the first IO did plus about my lost luggage. So when I finally got out, I'm close to tears already worrying if i can still find my bags and my fiance. And i don't know anyone in LA at all. My relatives and friends are actually in Bay area.  In the end i got my bag, friendly and helpful PAL staff were  actually waiting for me to get it. Then I finally reunited with my worried sick fiance. He made the rest of the trip special.  So thinking back, all that trouble probably stemmed up from the moment i blurted out i have my fiance waiting.

 

2018 - I went back again to visit my fiance. At SFO POE, I learned my lesson and told them i am just visiting my friends. I didn't even mention relatives.  I said i am taking advantage of Philippines long holy week vacation. Nothing more was asked, it was a smooth sailing. 

Then my fiance ask me again to marry him. And I thought he was just making this trip romantic by proposing again. But he meant  really marry him like elope to Las Vegas and get married. I was a bit shocked but what the heck i agreed. But told him I'll still need to go back home. So we did have a nice ceremony and no. Elvis didn't preside it. It was just a simple one.  I went back to Philippines and resume my daily life. My husband filed the petition for me a month after.

 

- Last November I visit my husband again with the I-30 on its 6 months. At port of entry in SFO, I am a bit worried they'll see my petition in their system and deport me. But then I believe i never once violated any immigration law now have any intention to do so. So I shouldn't be worried. My B2 visa is still very much in effect. So when asked again about the nature of my visit. I said the same thing again. I am going to visit my friends and relatives. I didn't mention my husband though. But I'm prepared to do so if they asked me who are these relatives I'm visiting. But if they didn't, not going to.  And the officer did not, at all, except how long am I staying. And I said just  2 weeks.  He stamped my passport and said,  "Well I'll give you 6 months in case you change your mind. Enjoy your vacation." No hint at all if he ever saw my petition.  I did changed my mind and extend my two weeks to a month.  And when i got back here in the Philippines,  just this

January, we received  the NOA2.  Some of you will probably ask if we received the NOA2 while I was in US, will we go for adjustment of status instead of consular processing. We might be tempted. Its a case to case basis. I still need to make arrangements here in Philippines and leave everything in good order.

 

So in the nut shell, you can visit using your B1/B2 visa with pending I-30. So long you will not over-stay your I-94 stamp.  But dont go back and forth  to US or  stay to your maximum limit too like more than 2 months or worse 6 months.  If you have this pattern in your non-immigrant visa  record it will be likely construed that you have no ties in your home country at all that  you can leave for that much time. Well just common sense. No company or business if that is your ties is going to allow you to be away from work for more than a month. And remote jobs is not consider as ties at all.

 

 

 

[kalikala 32]

Hi everyone 

 

I recently received a case closed notification and now waiting for an interview letter. Yay!

 

i am just wondering if it’ll be okay to visit Guam while waiting for an interview.

Only planning to visit for 2-3 days. 

 

Thanks in advance 

[Jesse+Blaise 4]

Hi Everyone, 

 

Somebody passed this thread onto me when I was searching for answers regarding US entrance while waiting for the I-130 to be processed. I thought I would share my experience (along with my circumstances) in the hopes of guiding anyone in a similar situation. 

 

ABOUT ME:

-UK Citizen

-Multiple US entries over the past 7 years. 

-One J1 visa for temporary study (backed out of course and didn't finish VISA time)

-One F1 visa for Masters study (backed out again for multiple reasons and din't finish VISA time)

-Married my US Citizen finance before departing the US after leaving my masters program. 

 

The Entry situation:

-Like most of us, I wanted to visit my Husband while our I-130 was processing. My situation was that I was technically going to be unemployed while in the US (72 day stay) as I was going to be visiting before heading to Nepal for a fixed term volunteering position. So I didn't have a permanent job to offer a letter. Because of all the back and forth with moving, I was living with my parents and so also didn't have a lease. I basically had nothing to show ties to the UK. What I did have was a tentative job offer letter from a charity that didn't confirm my acceptance of the position and a flight itinerary for flights leaving the UK to travel to Kathmandu, Nepal. 

 

I decided that was enough for me to try my luck. I flew to Chicago O'Hare on March 8th and had to wait in the customs line for 1hr 45 mins. It was a long wait. When I got to the desk the CBP officer asked me multiple questions, including:

 

-Where are you travelling to today? (Kansas City)

-How long do you intend to stay (72 days)

-What is the reason for your travel (to visit my husband)

{Pause for typing and system checks}

-Have you ever studied in the US? (Yes, I have had a J-1 and an F-1 visa for studying, both of which I backed out of)

-When did you and your husband get married? (October 23rd 2018)

-What do you do for work? (I'm currently unemployed but am starting a fixed term volunteering position in Nepal on May 29th)

{Paused again -for a long time- to do more typing and check a system)

*Asked me to take the photo

**Asked me to do the four fingers

***Asked me to do the thumb

****Stamped Passport and sent me on my way. 

 

The CBP officer was extremely polite and had a nice tone (which is not something I was expecting). He did ask me more questions than I was expecting but nothing I didn't prepare myself for. 

 

For anyone that is considering entering the US and doesn't have a lot of evidence tying them to their country, I would say that travelling on an ESTA, which is what I did this time around, gives you a good chance of entering. If you feel as though you do want evidence of intent to stay for a temporary visit, I would say that proof of future plans (flights, vacations, appointments) might be enough to sway a CBP officer if you catch someone who is having a bad day. I had print outs of everything ready to go in case this happened, but didn't need to present any of it. Good luck to anyone who is thinking of entering.  it's not as scary as it may seem  

 

DISCLOSURE: This is an account of my situation, which I am posting for people who may have a similar situation revolving around reduced ties to their country. No information here is in any way 100% proof that you will gain entrance. 

 

 

 

 

 

[kellyschwan 4]

Hi all,

 

I have been scouring this thread for the last 6 months and wanted to give back by giving our story of getting in on an ESTA. 

 

My husband (Australian) and I were flying from Sydney to Dallas (POE) for our formal wedding celebration in a couple weeks. I was really nervous about him not getting let through, which would ruin a lot of plans as you can imagine. Here is our backstory:

• He is Australian, I'm US Citizen. Been together for 5 years and have lived in Australia together for 5 years. Traveling for long bouts in between our residence in Sydney.
• He's visited the US 5-6 times over 5 years and has only really stayed for a couple weeks at a time. Never overstayed.
• He is currently working but for random jobs around Sydney so doesn't have employment contract or anything like that
• We live with his parents in Sydney as we wait for his interview, so no rental agreements

We had received our NOA2 and our case was created, but we had yet to submit the DS260 because we heard that makes the process of getting into the USA on ESTA a little harder. We submitted our case once we were in the country. 

 

We live in Sydney together, so we were both flying from Sydney together and returning back to Sydney together. We went up to the CBP officer together wearing our wedding rings. I think this did have a big impact on having a super easy time through immigration. Rather than him being by himself or flying by himself. Our CBP officer was super friendly, only asked us a couple questions:

• Where do we live? 
• How long were we staying?
• Did we have enough money? (Didn't ask for proof)

Then we were on our way. 

 

I had printed out copies of the following to be extra safe in case they asked for documentation or needed proof he wasn't going to overstay:

• NOA1, NOA2 and the email with our case IDs
• Marriage Certificate, Wedding Photos, Receipt from our officiant, Wedding Cards from family members
• Our Save the Date & Wedding Invite for our formal celebration in a couple weeks
• Letter from my husband's employer (He is a contracted carpenter), Car Registration & Ownership in Sydney & Bank Statements proving we had enough cash
• Return Flights back to Sydney, his ESTA confirmation & his ESTA History proving he had never overstayed

We were never asked for any detailed questioning or any proof/documentation. Also just a side note Every time I've entered through Dallas the CBP offices have been nothing but kind and nice

 

I know every case & every CBP officer is different, but hope this helps someone planning their reunion with their spouse!

2 hours ago, Jesse+Blaise said:

Hi Everyone, 

 

Somebody passed this thread onto me when I was searching for answers regarding US entrance while waiting for the I-130 to be processed. I thought I would share my experience (along with my circumstances) in the hopes of guiding anyone in a similar situation. 

 

Love this Thanks for sharing!

[Sunfl0wer 12]

I have filed the I130. My husband wants to move our children to the US in order to start school in September (they have dual citizenship so no visa required)  will I still be able to go “visit” for 6 months while we wait for my visa to get approved? At that point we would be 7 months into the process.

[DGF 730]

3 hours ago, Sunfl0wer said:

I have filed the I130. My husband wants to move our children to the US in order to start school in September (they have dual citizenship so no visa required)  will I still be able to go “visit” for 6 months while we wait for my visa to get approved? At that point we would be 7 months into the process.

You are allowed to visit but having a husband and children in the US will be a big red flag to CBP that you might stay so you'll need to bring plenty of proof of ties to Canada and even then it's never a guarantee that you'll get in. Generally, the best things you can bring are evidence of a lease/property that you own in Canada, a letter from your employer saying when you are expected back to work, and a return ticket. It is also better to take short trips than to go for the full 6 months. Good luck! 

[Trena181 10]

We are waiting for our I-130.can I send my husband a invitation to visit? If so what should be the visa type and purpose of vist?

[Boiler 45,525]

B

 

To visit.

[MrsMRB786 4]

Has anyone tried to get a visiting visa while your IR1-CR was pending, what was the outcome? 

[Roel 7,192]

Very general question.

Everyone who applies have a different story, different circumstances.

 

It is POSSIBLE to get a B2 visa when immigration petition is pending. It's probably a little harder, because of the immigrant intent, but if you have strong ties to your home country, there's always a chance.

 

[aaron2020 11,651]

First pinned thread at the top of the CR-1/IR-1 subforum.  Yes, many people have tried.  There are lots of factors.  

 

 

[MrsMRB786 4]

Yes it is, however I am just trying to get a feel for the rate for approvals/ denials. I am really not trying to get into the details surrounding the need for the visit while the petition is pending.....

[MrsMRB786 4]

@ aaron2020 I have read my post about this topic but there are all old, that is why I posted a new one just to see if there has been any changes