Is it okay to travel while undergoing the CR-1 process?

[visaaa111 7]

I'm an American citizen who recently married a South Korean citizen. 

I currently live in Korea, but will have to go back to America to start working in the near future. 

We already applied for the CR-1 visa for my wife, but now I'm wondering is it okay for her to travel and stay in America with me for a few months as a tourist? 

I think tourists are allowed a three month stay; however, is this okay in our situation since she is in the CR-1 process? Would this be a red flag to immigration? 

She is obviously not going to just overstay her visit in America. Just wondering how this would look and if it is safe for her to do this? 

 

Thanks

[bakphx1 789]

It’s legal and fine. However, if she comes for such a long stay, they may interpret it it as immigrant intent.  She’ll need to document she has a home and things to go back to.  

[visaaa111 7]

3 minutes ago, bakphx1 said:

It’s legal and fine. However, if she comes for such a long stay, they may interpret it it as immigrant intent.  She’ll need to document she has a home and things to go back to.  

When you say document, do you mean just like a return flight ticket? 

 

I was thinking she could just stay the maximum number of months which was three months I think. 

[Redro 4,611]

49 minutes ago, visaaa111 said:

When you say document, do you mean just like a return flight ticket? 

 

I was thinking she could just stay the maximum number of months which was three months I think. 

Totally fine. 

Your wife might not want to stay the full 3 months though.. most people do not have that flexibility/ the ability to travel for 3 months. 

Does she have a job/ strong ties to Korea? 

Edited May 10, 2022 by ROK2USA

[visaaa111 7]

10 minutes ago, ROK2USA said:

Totally fine. 

Your wife might not want to stay the full 3 months though.. most people do not have that flexibility/ the ability to travel for 3 months. 

Does she have a job/ strong ties to Korea? 

She does freelance and has a job that she’s not too fond off so she doesn’t mind just quitting. 
 

Mostly was concerned if it sends the wrong idea if she chooses to visit as a tourist for that long while filing for the visa. 

[Dashinka 24,505]

1 hour ago, visaaa111 said:

She does freelance and has a job that she’s not too fond off so she doesn’t mind just quitting. 
 

Mostly was concerned if it sends the wrong idea if she chooses to visit as a tourist for that long while filing for the visa. 

It doesn't send the wrong idea with respect to the spousal visa, but if CBP gets the impression she is coming here to stay, they can turn her around.  Things such as showing up with 2 or more large bags, no job to return to, no ties to their home country, etc. can be red flags that her ultimate plan is to simply stay.  The point is she has the privilege to come and visit, don't abuse that, shorter more frequent visits tend to show a better message.

 

Good Luck! 

[carmel34 3,633]

If she currently has a B2 tourist visa, or qualifies for ESTA, she can try to enter the US as a tourist, but it is ultimately up to the CBP officer to admit her, and if so, for how long.  She should always be honest when questioned about the purpose of her visit.  A short stay, for a few weeks, with strong ties to her home country (current job, home/apartment to return to), would help but with a USC husband it may be difficult for her to enter the US as a tourist because they could see this as stronger ties to the US than to Korea.  CBP assumes immigrant intent and this would be a greater concern with a husband in the US.  Hopefully it works out for her, if not, you can go back and visit her in Korea while waiting for the CR-1 process.  Good luck!

[Crazy Cat 41,865]

4 hours ago, visaaa111 said:

When you say document, do you mean just like a return flight ticket? 

 

I was thinking she could just stay the maximum number of months which was three months I think. 

A return ticket is 100% meaningless.  The CBP officer will determine how long she can stay.  Be aware that having spouse inside the US is a strong tie....to the US.  She must overcome the assumption that she wants to stay.  CBP knows that some people try to bypass the long spousal visa process.  

[pushbrk 12,884]

There's a pinned thread all about traveling during the process.  Maybe start there.

[Mike E 11,739]

2 hours ago, Crazy Cat said:

A return ticket is 100% meaningless. 

I would rephrase it as a return ticket  (or other evidence of onward travel) is 100% necessary (as per https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf ) but 100% not sufficient for the reasons you gave.  

[SalishSea 17,829]

8 hours ago, visaaa111 said:

She does freelance and has a job that she’s not too fond off so she doesn’t mind just quitting. 
 

This could look iffy to CBP.  Most people are not in a financial situation to just quit a job they are not fond of, to travel abroad for months.   And just to be clear:  she would not be permitted to work remotely while here.

 

Sounds like she really has no ties to home, so it will be something to think about.

[Megadreams 81]

It will all end up depending on whether they think it's a risk to let her in. When I underwent the IR1 process I entered the US multiple times on the ESTA (although only during the petition stage, not when it was at the NVC). I didn't have a job at the time but did have a lease in Belgium, which where I come from. I never hid that I was visiting my wife and when asked I was open as well about the fact that I was actively in the process of getting a spousal visa. I never had any problems getting in but obviously also had a history of compliance (as in, leaving perfectly on time, every time) and a return ticket which likely helped me.

 

So, it's definitely possible, even with a lower amount of ties to your home country, but it will all depend on the CBP officer to believe she will leave on time and for her to convince them that she indeed will. Having recently quit a job is likely to raise red flags though.

[Mike E 11,739]

If anything it is more likely to be admitted under esta / B status during NVC than before because a rational person wouldn’t stay to adjust and wait 1-2 years for a gc versus waiting less than a typical 6 months. 
 

[Holly&Andreas 38]

My now husband wanted to come visit me a few years ago for Christmas and stay a couple of months. Back then we were only engaged and had no intentions of him immigrating to the US. We'd kicked around the idea but decided I would be moving to his country instead, after we were married. He applied for a B1 tourism visa in his country and went to the interview. They denied him a tourism visa and told him to apply for a K1 visa instead. The official denial reason was that he wasn't able to demonstrate sufficient ties to his home country. Obviously they thought he would come to the US and adjust status once here. At the time, I didn't even know you could do that and I was crushed I couldn't be with my mister for Christmas. 

 

I don't know if South Korea requires a tourism visa to come to the US, but if so, they could deny her visa since you're already filing for a CR-1 and they know she has immigrant intent. Especially if she doesn't have any strong ties to South Korea. 

[Redro 4,611]

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Edited May 11, 2022 by ROK2USA