Questions about the CR-1 Visa Application Process

[Pete Rogers 3]

Hi,

 

I hope someone can help me here.

 

I'm a UK citizen, and my girlfriend is a US citizen. She is pregnant and I intend moving out to be with her. We're looking to marry so we can begin the CR-1 application process (as that's the only option available to us — I'm self-employed and have no family in the US). I fully understand my situation is a) far from unique, and b) no reason to expedite the process.

 

My immediate issues are around how, and how often, I can travel to be with her while the Visa application is ongoing. I currently have ESTA approval to travel via the VWP, which is valid for 60 months, so I have the option to come and go as a tourist. I wouldn't want to stay anywhere close to the full 90-day entitlement, because I don't want it to look suspect to anyone. I'm not trying to cheat the system or do anything dubious, I just want to be with my family as much as possible until such time as I can live there, y'know.

 

Are there any situations, circumstances, or provisions that would allow me to prolong my stay while travelling on the equivalent of the tourism Visa? I've seen mention of things like the I-601 Hardship Application, but I can't find anything that isn't ambiguous to me that explains exact criteria for such things.

 

Ultimately, I'm resigned to the fact I will have to live separated from my soon-to-be wife and pending baby for God-knows-how long, but I'm just hoping there are ways to minimise the damage that are completely above board.

 

TIA

[S9471 60]

No other application than going the visa process. Entering the US with a pending immigrant visa application can cause issues, but it'll be up to you to convince the CBP officer that you are not planning on staying or doing something that is not within the limits of the VWP

[Crazy Cat 41,667]

1.  EVERY entry will be at the discretion of CBP at the US border.  ALL visitors are assumed to have immigrant intent.  You now have strong ties to the US.  It will be your responsibility to overcome those assumptions.

2.  You will be limited to the time given to you by CPB when you enter the US.  You can not live in the US as a tourist.  I know of no I-601 application.

3.  Most of us have had to endure separation during the immigration process.  You are fortunate that you can visit at the discretion of CBP.  Good luck.

[SalishSea 17,769]

9 minutes ago, Pete Rogers said:

Hi,

 

I hope someone can help me here.

 

I'm a UK citizen, and my girlfriend is a US citizen. She is pregnant and I intend moving out to be with her. We're looking to marry so we can begin the CR-1 application process (as that's the only option available to us — I'm self-employed and have no family in the US). I fully understand my situation is a) far from unique, and b) no reason to expedite the process.

 

My immediate issues are around how, and how often, I can travel to be with her while the Visa application is ongoing. I currently have ESTA approval to travel via the VWP, which is valid for 60 months, so I have the option to come and go as a tourist. I wouldn't want to stay anywhere close to the full 90-day entitlement, because I don't want it to look suspect to anyone. I'm not trying to cheat the system or do anything dubious, I just want to be with my family as much as possible until such time as I can live there, y'know.

 

Are there any situations, circumstances, or provisions that would allow me to prolong my stay while travelling on the equivalent of the tourism Visa? I've seen mention of things like the I-601 Hardship Application, but I can't find anything that isn't ambiguous to me that explains exact criteria for such things.

 

Ultimately, I'm resigned to the fact I will have to live separated from my soon-to-be wife and pending baby for God-knows-how long, but I'm just hoping there are ways to minimise the damage that are completely above board.

 

TIA

Not really.  You could apply for a B2, which potentially gets 6 month entry, but that is a gamble, because:  1) a denial risks future ESTA, and 2) it is unlikely you would get one with a USC SO/child.

 

You can visit on your ESTA, your GF can visit you.  Be mindful of spending too much time in the US, as CBP can deny entry if it looks like you are using it to live here.   Also, make sure you retain strong ties to home if visiting.  If they suspect immigrant intent, you will be turned away.

 

CR-1 process overall will take up to two years.  You're in good company here.  We have all faced separation and immigrant visa queues.  Best thing you can do is read and research as much as possible about the process.  Best of luck.

[SalishSea 17,769]

15 minutes ago, Pete Rogers said:

I've seen mention of things like the I-601 Hardship Application,

No, this is a waiver for those found inadmissible.   Totally different situation.

16 minutes ago, Pete Rogers said:

I'm self-employed

Also, keep in mind that you will not be permitted to work while visiting the US, even if the work is remote.

[S9471 60]

3 minutes ago, Jorgedig said:

Not really.  You could apply for a B2, which potentially gets 6 month entry, but that is a gamble, because:  1) a denial risks future ESTA, and 2) it is unlikely you would get one with a USC SO/child.

Not only that, but this will also raise questions that would be very hard to justify...

 

1. Why do you need a visa if you have VWP access?

2. Why are you applying for B2 with a pending CR-1?

[Pete Rogers 3]

1 minute ago, Jorgedig said:

Not really.  You could apply for a B2, which potentially gets 6 month entry, but that is a gamble, because:  1) a denial risks future ESTA, and 2) it is unlikely you would get one with a USC SO/child.

 

You can visit on your ESTA, your GF can visit you.  Be mindful of spending too much time in the US, as CBP can deny entry if it looks like you are using it to live here.   Also, make sure you retain strong ties to home if visiting.  If they suspect immigrant intent, you will be turned away.

 

CR-1 process overall will take up to two years.  You're in good company here.  We have all faced separation and immigrant visa queues.  Best thing you can do is read and research as much as possible about the process.  Best of luck.

Thank you for this.

 

I didn't need the B2 because the UK is eligible for the VWP. I'm visiting at the end of June for a week (which I was doing anyway, before we found out about the pending new arrival), and that's been approved by ESTA already.

 

I won't be risking staying for more than 2 or 3 weeks in the future — I'll time it strategically with important stages etc. I still have a permanent UK address, and I own a Ltd. company that's registered here, so I think that's fairly solid evidence of ties to the UK, to appease Customs.

 

Not even sure when the marriage will happen yet, so there's potentially a ways to go before we're even in a position to start the CR-1 process. I fully understand the reasons why, it just sucks that there are no allowances for genuine cases where a biological child is involved. It's going to kill me not being there during the first months and potentially years of its life 😞

[S9471 60]

3 minutes ago, Pete Rogers said:

I still have a permanent UK address, and I own a Ltd. company that's registered here, so I think that's fairly solid evidence of ties to the UK, to appease Customs.

Depends. Because you are self-employed, you can always technically leave and work anywhere, so it's not as strong of an argument... that said, the more proof you have to ties to UK, the better

[SalishSea 17,769]

1 minute ago, Pete Rogers said:

Thank you for this.

 

I didn't need the B2 because the UK is eligible for the VWP. I'm visiting at the end of June for a week (which I was doing anyway, before we found out about the pending new arrival), and that's been approved by ESTA already.

 

I won't be risking staying for more than 2 or 3 weeks in the future — I'll time it strategically with important stages etc. I still have a permanent UK address, and I own a Ltd. company that's registered here, so I think that's fairly solid evidence of ties to the UK, to appease Customs.

 

Not even sure when the marriage will happen yet, so there's potentially a ways to go before we're even in a position to start the CR-1 process. I fully understand the reasons why, it just sucks that there are no allowances for genuine cases where a biological child is involved. It's going to kill me not being there during the first months and potentially years of its life 😞

I mentioned the B2 only because you were asking about alternatives to the VWP.

 

If during your June visit, the two of you find that you're ready for marriage and decide to do it, she can file the petition after receiving the marriage certificate.  She could also petition you for a K-1 even now, but that visa has some major drawbacks, such as not being able to work or travel for up to 8 months, in addition to the long Green Card processing times.

 

I get what you're saying about the baby. <3.  Hang in there.

[S9471 60]

5 minutes ago, Pete Rogers said:

it just sucks that there are no allowances for genuine cases where a biological child is involved. It's going to kill me not being there during the first months and potentially years of its life 😞

That generlay is the situation for a lot people on this forum... this is not a reason to expedite short of exceptional circumstances (health, livelihood, etc.) I would also look into ways for your significant other to come to the UK and live with you there for a bit.

Edited May 10, 2022 by S9471

[Pete Rogers 3]

6 minutes ago, Jorgedig said:

No, this is a waiver for those found inadmissible.   Totally different situation.

Also, keep in mind that you will not be permitted to work while visiting the US, even if the work is remote.

I'm an author — my "work" is literally typing on a Word document! Haha! How would they know, just out of interest?

 

I assume you mean I wouldn't be allowed to get a part-time job tending bar or something while I was there? I always travel with my laptop, mostly for Netflix etc... surely I would be allowed to write for an hour or two without causing problems?

[SalishSea 17,769]

1 minute ago, Pete Rogers said:

I'm an author — my "work" is literally typing on a Word document! Haha! How would they know, just out of interest?

 

I assume you mean I wouldn't be allowed to get a part-time job tending bar or something while I was there? I always travel with my laptop, mostly for Netflix etc... surely I would be allowed to write for an hour or two without causing problems?

In order to do any paid work at all in the US (including remotely/WFH etc),  you need  a work authorization document (EAD) or green card.

 

If you're visiting for a week or two, they likely wouldn't even ask.  It's when people "visit" for 3-6 months that the CBP start to question how they can afford to take that duration off from work.

[Crazy Cat 41,667]

8 minutes ago, S9471 said:

Because you are self-employed, you can always technically leave and work anywhere,

Not in the US.....Working while inside the US without authorization is illegal. 

Edited May 10, 2022 by Crazy Cat

[Crazy Cat 41,667]

8 minutes ago, Pete Rogers said:

surely I would be allowed to write for an hour or two without causing problems?

Working without authorization while inside the US is illegal....interpret that as you will.

Edited May 10, 2022 by Crazy Cat

[S9471 60]

2 minutes ago, Crazy Cat said:

Not in the US.....Working inside the US without authorization is illegal. 

to clarify, I was mostly refering to using that as tie to UK, not that they are allowed to work in uS