Travel to the US while CR1 is being processed

[mimipimpaporn 4]

Hi everyone,

 

I'm Mimi. I'm new here! Nice to meet you all.

My husband has just filed i-130 for me and while we're waiting for the process, I would like to travel to the US and stay with my husband.

Has anyone have an experience traveling to the US with B2 visa while waiting for CR1 to be processed?

I've heard that it's hard and there's a high chance you will get rejected by the immigration.

But I also saw people who made it through the immigration, so I'm a bit worried here.

 

Is there anything I need to know in order to prepare myself for this?

Because I already bought the tickets and just have to take the risk here.

 

Please kindly let me know if I should bring any documents with me that would help me get through the immigration.

Thank you for your advice in advance.

[Crazy Cat 42,462]

Visiting during the process is fine.  But you cannot live in the US until you have the spousal visa.  Every entry is at the discretion of CBP.  Be prepared to show evidence of strong ties to your country to convince the officers that you will return after your visit.

 

 

Edited February 16, 2021 by Lucky Cat

[Crazy Cat 42,462]

Job documents, lease document, and documents which show you will return after the visit will be helpful.

[mycase17 114]

 

43 minutes ago, Lucky Cat said:

Job documents, lease document, and documents which show you will return after the visit will be helpful.

And And let's say if you get denied for B2 visa, does that impact your spousal visa? 

[Crazy Cat 42,462]

11 minutes ago, mycase17 said:

 

And And let's say if you get denied for B2 visa, does that impact your spousal visa? 

Not if the denial is due to lack of strong ties to home country.  The most common reason to be denied for a B2 or denied entry is due to failure to convince the officer that you plan to return to your country after the visit.  There is no such requirement for a spousal visa since the intent is to immigrate, whereas the intent of a B2 is to only visit.  Unless there is some other reason for the B2 denial, it should have no effect on a subsequent spousal or fiance visa.

Edited February 16, 2021 by Lucky Cat

[Crazy Cat 42,462]

Oh, I forgot to say  ...  Welcome to VJ, @mimipimpaporn  !!!

[Duke & Marie 1,389]

I made 7 trips to the US while waiting i130/NVC and didn’t have any problems since my trips were <1mth in length each time... 

 

there are a lot of horror stories out there so I’ll make one recommendation - keep the trips short and ensure your time out of the country between trips is longer than your stay in the US.. long visits for spouses draw scrutiny since your risk of overstay is increased... 

 

remember B2 is a vacation visa, and very few people can retain ties back home for long periods of time e.g. 5-6mths and have enough funds to support themselves while on vacation.. they go home and then expect to be let back in on another long trip soon after and find themselves turned away because it appears as though your trying to live here.. the i130 also shows intent to do so.. given you’re from a high risk country too, the risk of over stay is significantly increased and so is the scrutiny 

 

I forgot to ask, you said you’ve already bought tickets... how long do you intend to stay?

Edited February 16, 2021 by Duke & Marie

[mimipimpaporn 4]

Thank you so much @Lucky Cat for your advice. And nice to e-meet you!

The only document I have right now would be medical documents for my siblings who I'm taking care of. I take them to see psychologist every now and then as they are suffering from mental issues. And really, I can't leave them for too long as I would be worried about them. Do you think that would be enough? I don't have any lease documents because I stay at my parents' house currently.

 

Hi @Duke & Marie,

Thank you so much for the insight. I plan to stay no longer than 6 months (I'm a freelancer and my job is flexible). I bought the tickets for 6 months stay but I might move it if I need too. I just made a trip to the US in December 2020 and stayed for a month. Before that I entered couple of times and never overstayed. Also, I used to be an exchange student 9 nine years ago. I just always did things properly with no intent to overstay or do illegal things. I hope that's enough to convince them. 

And the reason for this trip is because I'm worried about my husband's mental health. He's just got back from deployment in Kuwait last year and was in the military for 4 years. He's been struggling a lot since he's got back. And he just doesn't open up to anyone but me, not even to his family. I start to see signs of depression in him (I suffered from it before so it's very easy for me to see) and being with him for a while in December, I just know that I was able to help him a lot. Right now he's trying to pursue his degree and that's just a lot more stress on top of everything. And not to mention the stress we both have knowing that this process will take longer than usual due to COVID-19.

 

Anyway, thank you so much for your advice...and nice to meet you all 😊

 

 

[mimipimpaporn 4]

Also, I just want to say that it's so nice and heartwarming to be part of this community.

Like I don't feel so alone going through all this journey which could be very nerve-racking 😬

Thanks a lot everyone 🥰

[Crazy Cat 42,462]

2 hours ago, mimipimpaporn said:

and being with him for a while in December,

Just be aware that whether you can enter as well as the length of your visit will be determined at the border.  Good luck.   Have a great visit.

Edited February 17, 2021 by Lucky Cat

[Duke & Marie 1,389]

3 hours ago, mimipimpaporn said:

 

Hi @Duke & Marie,

Thank you so much for the insight. I plan to stay no longer than 6 months (I'm a freelancer and my job is flexible). I bought the tickets for 6 months stay but I might move it if I need too. I just made a trip to the US in December 2020 and stayed for a month. Before that I entered couple of times and never overstayed. Also, I used to be an exchange student 9 nine years ago. I just always did things properly with no intent to overstay or do illegal things. I hope that's enough to convince them. 

And the reason for this trip is because I'm worried about my husband's mental health. He's just got back from deployment in Kuwait last year and was in the military for 4 years. He's been struggling a lot since he's got back. And he just doesn't open up to anyone but me, not even to his family. I start to see signs of depression in him (I suffered from it before so it's very easy for me to see) and being with him for a while in December, I just know that I was able to help him a lot. Right now he's trying to pursue his degree and that's just a lot more stress on top of everything. And not to mention the stress we both have knowing that this process will take longer than usual due to COVID-19.

 

Anyway, thank you so much for your advice...and nice to meet you all 😊

 

 

Well I hope it works for you, a history of no overstay goes in your favour but dosent guarantee entry this time.. if he’s still in the military or recently got out and is suffering from PTSD it may be grounds to Expedite your case, provided of course he can get his condition in writing from a doctor.. worth a try and costs nothing.. 

 

good luck, fingers crossed the 6 mth visit doesn’t raise alarm bells at Poe 

Edited February 17, 2021 by Duke & Marie