Visiting Visa While IR1-CR1 Is Pending

[mjardine 12]

I can let you know as of Thursday evening, as my husband is due to arrive then from Australia! It is soooooo nerve wracking, but he's going to travel with all the paperwork showing all of the steps we've taken along the legal path with the I-130 and NVC (we're now just waiting for the visa application to be processed at NVC and to get an interview date). Reading other stories on here with VWC makes us feel slightly less nervous, but I won't be able to relax until Thursday afternoon when he says he's made it past customs! Fingers crossed!

SO exciting!! I'm very anxious to hear how it goes, and will be sending positive thoughts your way!

If you don't mind, I have a few questions. How long is your husband coming for? Does he have a round trip ticket? Employment letter?

Thanks so much, it's really comforting to know there's someone in your exact same situation

[mahimuks 1]

All the best !

Im planing to travel too on a B2 visa thou. dont have a job, hopefully the i130 paperwork and bank account papers and investments should be proof enough that I will go back! fingers crossed!!

[Wilton23 2]

I'm an American citizen, and my husband is British. We started the CR-1 proces, i.e. submitted our I-130 in July 2013. Since then he has visited me 3 times and (hopefully) a fourth - his flight lands in an hour! I've been nervous every time based on various threads I've read here, my lawyer says it's a 50/50 chance, and I even spoke to my congressman's office, and he said he wouldn't recommend it. But my experience has been successful everytime, and thank goodness for that - otherwise I don't know how we would bear the 1+ year process that is still ongoing....

Edited July 3, 2014 by Wilton23

[tim131 14]

So I went to visit my wife. Pre-Cleared in Dublin. Was well prepared with heaps of ties to Ireland, didnt need them. The CBP guy asked me what I was doing I said "Holiday to visit my wife" asked if she was a citizen, I said she was an LPR. Bit of small talk and welcomed me to America - couldn't have had a more pleasent experience.

It would seem going over on the VWP isn't as risky as people would have you believe!

[mjardine 12]

So I went to visit my wife. Pre-Cleared in Dublin. Was well prepared with heaps of ties to Ireland, didnt need them. The CBP guy asked me what I was doing I said "Holiday to visit my wife" asked if she was a citizen, I said she was an LPR. Bit of small talk and welcomed me to America - couldn't have had a more pleasent experience.

It would seem going over on the VWP isn't as risky as people would have you believe!

Great news! How long did you go for?

[kareelina 42]

I have been through a painful experience , I've been married for more than 3 years to an American citizen he used to come to us 3 times a year , he started the immigration process and file the petition , then asked me to give him a visit as he couldn't come to us this time of the year as it is scheduled due to a medical operation in August and wanted me to be with him for a couple of months , He sent me a medical letter from his doctor to describe his condition , we booked the tickets , filled in the B2 visiting form , paid the fees , on the day of the interview I got everything ready with me , Bank statement , my apartment and garage contract , a letter from my work place and the doctor's letter

The interview took less than 2 minutes:

Why you want to visit US ? - My husband is not feeling well and will have an operation in August and wanted me to be with him?

Why he didn't file a petition for you ? He just started the process , but I don't intend to move soon because I have to finish couple of years of work here to be able to get a good pension ,

Sorry I can not give you the visa , your ties to US is much stronger

I was depressed , couldn't be with my husband to monitor his health , lost the plane tickets , the visa fees , and lost my spirit and till now couldn't understand why I was denied the visa , I told him the truth .

[dwheels76 5,468]

I have been through a painful experience , I've been married for more than 3 years to an American citizen he used to come to us 3 times a year , he started the immigration process and file the petition , then asked me to give him a visit as he couldn't come to us this time of the year as it is scheduled due to a medical operation in August and wanted me to be with him for a couple of months , He sent me a medical letter from his doctor to describe his condition , we booked the tickets , filled in the B2 visiting form , paid the fees , on the day of the interview I got everything ready with me , Bank statement , my apartment and garage contract , a letter from my work place and the doctor's letter

The interview took less than 2 minutes:

Why you want to visit US ? - My husband is not feeling well and will have an operation in August and wanted me to be with him?

Why he didn't file a petition for you ? He just started the process , but I don't intend to move soon because I have to finish couple of years of work here to be able to get a good pension ,

Sorry I can not give you the visa , your ties to US is much stronger

I was depressed , couldn't be with my husband to monitor his health , lost the plane tickets , the visa fees , and lost my spirit and till now couldn't understand why I was denied the visa , I told him the truth .

Sorry for your disappointment but why would you buy tickets on a Visitor Visa interview when there's no as-surety of approval.

And you were denied because how they said "your ties to US is much stronger". And that is a true statement. Your husband having surgery no way you going to leave him and rightly so.

You'll just have to hang in there for Visa.

[canuckmoran 7]

Good morning everyone.

My wife and I, who are both living in Canada, are planning to visit the US during "the process" for her parent's 40th anniversay in December 2014.

We have filed the I-130 and have been advised that it has been transfered to the centre in California.

We are both gainfully employed here in Canada. So my two questions are; 1) When are the "travel restrictions" put on me the beneficiary? Is it the I-130 or after the I-130 has been approved and 2) If we are travelling together will it make it easier for us to cross the border?

Thanks

[B & G 200]

Good morning everyone.

My wife and I, who are both living in Canada, are planning to visit the US during "the process" for her parent's 40th anniversay in December 2014.

We have filed the I-130 and have been advised that it has been transfered to the centre in California.

We are both gainfully employed here in Canada. So my two questions are; 1) When are the "travel restrictions" put on me the beneficiary? Is it the I-130 or after the I-130 has been approved and 2) If we are travelling together will it make it easier for us to cross the border?

Thanks

To be honest, it totally depends on the CBP officer if he or she will place any restrictions or not. I myself have traveled to the US 3 times while waiting for my CR1 visa to be approved and never had an issue with entering.

What is adviced is to have proof of ties to Canada to convince the CBP officer that you are just taking a trip and not moving there, if they decide to question your motives further.

Ties can be:

Letter from your employer stating you leave dates

House lease

Uitility bills

Car loans etc

Basically anything that ties your name to a Canadian address and shows reason why you would have to come back.

Of course bring your NOA1 to show that you are immigrating legally.

Other things to keep in mind. Be honest. Any question asked, answer it truthfully but don't into too much detail.

Also since you are living in Canada, keep in mind to have the appropriate amount of luggage as your stay. This is not a good time to be moving stuff to the US. People have been denied because they gave the image of moving when they were only visiting.

And still at the end of the day, even if you are armed to the teeth with proof of ties, it still depends on the officer whether they will let you in. There is no guarantee.

[canuckmoran 7]

Hey B&G,

Thanks for the info. Does happen once your I-130 is submitted or only after the petition has been approved and you are on the to the next step? For instance, my wife and I are going to Cooperstown, NY this weekend just for a couple of days and our I-130 was just transfered to California yesterday, should my ties with me or is it too soon for that?

Thanks

To be honest, it totally depends on the CBP officer if he or she will place any restrictions or not. I myself have traveled to the US 3 times while waiting for my CR1 visa to be approved and never had an issue with entering.

What is adviced is to have proof of ties to Canada to convince the CBP officer that you are just taking a trip and not moving there, if they decide to question your motives further.

Ties can be:

Letter from your employer stating you leave dates

House lease

Uitility bills

Car loans etc

Basically anything that ties your name to a Canadian address and shows reason why you would have to come back.

Of course bring your NOA1 to show that you are immigrating legally.

Other things to keep in mind. Be honest. Any question asked, answer it truthfully but don't into too much detail.

Also since you are living in Canada, keep in mind to have the appropriate amount of luggage as your stay. This is not a good time to be moving stuff to the US. People have been denied because they gave the image of moving when they were only visiting.

And still at the end of the day, even if you are armed to the teeth with proof of ties, it still depends on the officer whether they will let you in. There is no guarantee.

[B & G 200]

Hey B&G,

Thanks for the info. Does happen once your I-130 is submitted or only after the petition has been approved and you are on the to the next step? For instance, my wife and I are going to Cooperstown, NY this weekend just for a couple of days and our I-130 was just transfered to California yesterday, should my ties with me or is it too soon for that?

Thanks

Its never too soon to bring ties with you. Especially since you are travelling with your wife who is a US citizen. I don't know if the CBP officers have access to the fact that there is an immigrant petition filed for you but as I mentioned before, always be honest.

We sent in our petition in Aug 2013. First trip for me after filing was Sep 2013 for 3.5 weeks. No questions at POE, no issues. Second trip was in Jan 2014 for 15 days, again no questions no issues. Our I-130 was approved in Feb 2014 so both trips happened while waiting for the first approval. My third trip was in Jun 2014 and by then I was done with NVC and already had my interview date.

I don't see you having problems to enter but yes, bring ties with you and your NOA1. It is your best tool in proving you are doing this the legal way.

[Ashiraz 16]

Smaller airports that accept international flights might have a better success rate too. I always get grilled at the San Francisco airport suspiciously whenever I fly to Indonesia and back. This last trip I flew from San Jose international and they barely spoke to me at all. Just waved me through!

[altito 63]

Good morning everyone.

My wife and I, who are both living in Canada, are planning to visit the US during "the process" for her parent's 40th anniversay in December 2014.

We have filed the I-130 and have been advised that it has been transfered to the centre in California.

We are both gainfully employed here in Canada. So my two questions are; 1) When are the "travel restrictions" put on me the beneficiary? Is it the I-130 or after the I-130 has been approved and 2) If we are travelling together will it make it easier for us to cross the border?

Thanks

Travelling together doesn´t make it easier necessarily. In my case, Ive traveled twice to the US having my I-130 approval pending. The first time I went alone and the second one I went with my spouse (the US citizen). No issues at the POE occured in both trips. I, as the foreigner, went through all passports line, while my husband went through American passports line. I was very well prepared with documents showing my ties to Spain. In add, I also carried and email from the US Embassy in Madrid, telling me that the American Inmigration Act do not forbid the entry in the US while a immigrant visa request is processing, but the final decision always relies on the CBP officer.

I thought this could be useful (and I still do) in case of any problem. It is an official response to my inquiry although it does not guarantee anything either. Maybe you can write the US Embassy in Canadá too and try to get a written answer to support the rest of documents.

[kareelina 42]

Sorry for your disappointment but why would you buy tickets on a Visitor Visa interview when there's no as-surety of approval.

And you were denied because how they said "your ties to US is much stronger". And that is a true statement. Your husband having surgery no way you going to leave him and rightly so.

You'll just have to hang in there for Visa.

I booked the tickets because I never thought that my visa would be denied while I have my husband's medical doctor report . Plus I have property here I can never leave behind and my respectable very well paid job , I told the VO about my ties here and I told him that we do not plan to go and live there at this time I need to work for more years and then retire to get a good pension , but he didn't listen , actually the moment he knew my husband is American citizen he started typing the letter even before listening to my story .

[mahimuks 1]

Hey I entered the US on the 16th! had no problems at all! in fact didn't even need the proof of ties. the officer asked me about my husband etc, didn't even ask about immigration. I was very scared coz I don't even have a job or lease or car registration. but I guess I was lucky to get a sweet imm office, who just said "enjoy the holidays"

btw I entered with a return ticket for after 1.5 months.