Can you travel with a pending CR-1

[cavery123 2]

Hello,

my wife is a UK citizen. We have a daughter together. Currently we’re waiting the approval of the I-130 with instructions to further complete the CR1. I just had one question. Because I am a US citizen and we’ve been back and forth so much, are we allowed to travel once the I-130 is approved and CR-1 is pending, do we then have to stay in the UK until it’s approved or is there something else I should apply for to allow travel? 
thank you so much 

[Melc 138]

27 minutes ago, cavery123 said:

are we allowed to travel once the I-130 is approved and CR-1 is pending

 

So, you are absolutely allowed to travel after the I-130 is approved. Depending on your interpretation, CR-1 would only be "pending" while the passport has been handed over to the Consulate at the interview—it is therefore impossible to travel at this point as you will need your passport to travel. 

 

If you mean that your I-130 is approved and you haven't attended an interview yet, and you are travelling to the US, you will have to convince the border officer that you are not intending to stay. In my experience, being from an ESTA country, I have never been asked to provide proof or evidence of ties to my country of residence. For good measure, I carry a copy of my lease and employment contract with me, just in case. 

 

Edited February 10, 2020 by Melc

[NikLR 13,232]

31 minutes ago, cavery123 said:

Hello,

my wife is a UK citizen. We have a daughter together. Currently we’re waiting the approval of the I-130 with instructions to further complete the CR1. I just had one question. Because I am a US citizen and we’ve been back and forth so much, are we allowed to travel once the I-130 is approved and CR-1 is pending, do we then have to stay in the UK until it’s approved or is there something else I should apply for to allow travel? 
thank you so much 

Okay are you doing DCF or filed to the USA?  You can always travel.  Your wife cant move to the USA until she has her CR1/IR1 visa. 

[cavery123 2]

 

 

 

Quote

So, you are absolutely allowed to travel after the I-130 is approved. Depending on your interpretation, CR-1 would only be "pending" while the passport has been handed over to the Consulate at the interview—it is therefore impossible to travel at this point as you will need your passport to travel. 

 

If you mean that your I-130 is approved and you haven't attended an interview yet, and you are travelling to the US, you will have to convince the border officer that you are not intending to stay. In my experience, being from an ESTA country, I have never been asked to provide proof or evidence of ties to my country of residence. For good measure, I carry a copy of my lease and employment contract with me, just in case. 

 

 

 

 

Awesome. Ok, because at the border this last time. They said something about being an intended immigrant and once the I-130 is approved we can’t travel on just an ESTA and that we’d need to immediately apply for the CR-1 and then we could travel. Btw, this is after supplying them with our return flight info and saying we are definitely not staying, just visiting family. 

Edited February 15, 2020 by Ryan H
Reason for edit: to separate reply from quote.

[Crazy Cat 42,196]

1 minute ago, cavery123 said:

They said something about being an intended immigrant and once the I-130 is approved we can’t travel on just an ESTA and that we’d need to immediately apply for the CR-1 and then we could travel.

That is incorrect.  A foreign spouse/fiance can travel throughout the process, assuming they convince the CBP that he/she will return after the visit.  Many here have done it without issues.

[cavery123 2]

1 minute ago, missileman said:

That is incorrect.  A foreign spouse/fiance can travel throughout the process, assuming they convince the CBP that he/she will return after the visit.  Many here have done it without issues.

Perfect. Ok. That’s what I thought. I was a bit surprised when I heard that and caught fire guard a bit. I thought we could travel exactly like you’re saying as long as we have return flights and passports. 

[Melc 138]

Just now, cavery123 said:

Perfect. Ok. That’s what I thought. I was a bit surprised when I heard that and caught fire guard a bit. I thought we could travel exactly like you’re saying as long as we have return flights and passports. 

Exactly. It will likely be more complicated if you're from a high risk country, or need to renew a non-immigrant visa.

And if you keep some documents on you just in case you need to prove you're going back home, that might just soothe your worries a bit. 

 

[Crazy Cat 42,196]

Just now, cavery123 said:

Perfect. Ok. That’s what I thought. I was a bit surprised when I heard that and caught fire guard a bit. I thought we could travel exactly like you’re saying as long as we have return flights and passports. 

I would carry more evidence than just a return flight itinerary. Employment letters, leases, etc are good evidence. 

[Cristina280390 60]

I entered the US the day my petition was approved, which I later found out, so that could have gone very badly!!  They ask the regular questions of how long I was staying, where was I going etc, and proceeded to give me the 6 month stamp that they have always given me, since I have a 10 year B1/B2 visa that Ive used way before even meeting my husband. I am currently in the US while the process is moving forward, I even left after three months for a short vacation in Cancún with my family and then re entered. The officer again ask where I was going and I just told him I was going to spend Christmans with my husbands family. He didn't seem to care and gave me again 6 months. I have no ties to my country of origin and now residency. My husband and I were living abroad in Germany when we file for the petition.... it took so long that by the time it got approved I had already graduated and thus our residency there finished. Now I am in limbo where I can't start my life in the US, my residency in Germany finished after two years studying there, and  therefore I am  again a resident of my country of origin (Peru) even though I have no ties there besides the fact that my family lives there. I am travelling back to Peru for the last part of the process, waiting to get DQ at the begining of April and then receive the interview letter to put an end to all of this and hopefully not have to be apart from my husband more than a month or two.

 

Lomg story short, yes you can travel on a pending and aproved CR1-R1.... you just have to be prepared to explain yourself to the officer in migrations. I have been fortunate enough to not have been ask for proof of a return ticket or anything like that, but can't assure that is the case for everybody unfortunately.

[grapenoodle 25]

I applied for a B2 last week so I could visit while my visa is pending but it was denied. I did overstay my last ESTA though as I was going to adjust status but had to leave (to have our baby lol) before we could complete it. Just be wary. I got the standard 214(b) 'not enough ties' reason. I would expect if your wife is still eligible for an ESTA or has a valid visa you should be okay.

[portorusa 431]

Not only when your CR1 is pending, you can travel. You can visit even after the interview on 221(g), if you have your passport and ESTA.

[Ryan H 3,828]

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