Questions about the CR-1 Visa Application Process

[mushroomspore 3,044]

3 hours ago, Pete Rogers said:

How would they know, just out of interest?

CBP are federal agents and can ask you anything they want. Obviously, you should be truthful and concise with your answers. Material misrepresentation can and does come back to bite immigrants in the behind, sometimes even years or decades later.

Edited May 10, 2022 by mushroomspore

[carmel34 3,645]

4 hours ago, Pete Rogers said:

I'm visiting at the end of June for a week

I suggest that you try to fly via Dublin or Shannon airports where they have US CBP pre-clearance.  That way, if they suspect immigrant intent when you are questioned by the CBP officer, you won't have such a long flight back if they don't let you enter.  Be completely honest and take evidence with you showing strong ties to the UK (property owned/leased, job, family responsibilities, etc.).  Travel light, not too much baggage.  I hope they let you enter for multiple visits so you can eventually get married, return home, and see your family occasionally during the long wait for the CR-1 process.  Good luck!

[Sarah&Facundo 598]

If it's any consolation, most people are fine when going back and forth and no problems arise. Even my husband visited me in the US multiple times during the process before getting approval. He was never asked anything other than "Where are you coming from?"

None of my friends from other countries or my husband's family members who have visited me have ever been asked anything other than maybe "how long are you visiting?" or "where are you going?"

Definitely take proof of ties if you have them of course, but generally MOST people aren't scrutinized too heavily especially those with an ESTA. Don't abuse it, and you likely won't lose it. 

My husband always traveled with a folder while we were working on the immigration process where he would have documents to try to prove ties to go home (although he realistically didn't have anything strong at all lol) and he never once had to show anything at the border.

Congratulations on the baby!

Edited May 11, 2022 by Sarah&Facundo

[Redro 4,611]

19 hours 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?

They could know because they might ask to search your phone (or laptop) and maybe see text conversations or emails related to your work. 

Recently, two people reported they were refused entry/banned after a.) one person was suspected of planning to work while in the US and b.) the other person was refused entry as she planned on getting married. Their phones were searched as part of the questioning. 

 

Congratulations on the baby! You must be so excited. 

 

If you are not married yet consider getting married on one of your trips to the US. You are allowed to get married there as long as you go back to the UK before your stay expires. 

Also, be aware no one can tell you how often you can go visit. Or if you will get denied entry. Or if CBP will flag you. 

 But, as long as your time outside the US is greater than your time inside the US you should be fine. 

 

 

 

Edited May 11, 2022 by ROK2USA

[Redro 4,611]

Sharing this thread with permission:

 

 

Just so you know what could happen~ 

 

Edited May 11, 2022 by ROK2USA

[Pete Rogers 3]

Thank you to everyone who commented on my earlier question.

 

I have another, if you would indulge me:

 

My partner and I are getting married in July over in the US. Upon my return, she will file the petition to begin the CR-1 visa application process. Her concern is that legally changing all her documentation to her new married name after doing so will have an adverse effect on the application. I didn't think it would, as it's my application, not hers, and obviously my details aren't changing, but I thought it best to check with the hive mind here to be sure 🙂 

 

TIA

[Redro 4,611]

4 hours ago, Pete Rogers said:

Thank you to everyone who commented on my earlier question.

 

I have another, if you would indulge me:

 

My partner and I are getting married in July over in the US. Upon my return, she will file the petition to begin the CR-1 visa application process. Her concern is that legally changing all her documentation to her new married name after doing so will have an adverse effect on the application. I didn't think it would, as it's my application, not hers, and obviously my details aren't changing, but I thought it best to check with the hive mind here to be sure 🙂 

 

TIA

I believe your wife can start using her married name before she updates her documentation. The marriage certificate serves as proof of name change. 

If you read around the forums, you'll see many applicants use their married name on the I-130 even if they haven't officially changed their name yet. 

When the forms get to NVC they add the civil documents containing the married name. 

This is true for both the USC and the foreign national. 

If your partner wants to she can either:

1. File petition under her maiden name and use her married name at NVC stage 

2. File petition under her maiden name and use her married name at NVC stage.

3. File petition under married name and use married name at NVC stage. 

 

Some applicants will even update their passport/change their name between NVC and interview. There is no issue. 

Edited May 16, 2022 by ROK2USA

[Chancy 6,242]

On 5/16/2022 at 12:48 PM, Pete Rogers said:

Her concern is that legally changing all her documentation to her new married name after doing so will have an adverse effect on the application. I didn't think it would, as it's my application, not hers, and obviously my details aren't changing, but I thought it best to check with the hive mind here to be sure 🙂

 

Changing her (or even your) name will not be an issue for the CR1 process.  If she chooses to change her name, just make sure to list her maiden name in the form sections for petitioner's "Other Names Used".

 

By the way, the I-130 is actually her (the USC's) petition, not yours.  After the petition is approved and the case gets to NVC, the DS-260 will be your visa application form, not hers.

 

[pushbrk 12,994]

6 hours ago, Chancy said:

 

Changing her (or even your) name will not be an issue for the CR1 process.  If she chooses to change her name, just make sure to list her maiden name in the form sections for petitioner's "Other Names Used".

 

By the way, the I-130 is actually her (the USC's) petition, not yours.  After the petition is approved and the case gets to NVC, the DS-260 will be your visa application form, not hers.

 

Correct, and if it is her intention to change her name, she should complete the I-130 as if she already has, then change her documents as soon as it's convenient to do so.

[Hunter 73 2]

My husband is from the UK and traveled back and forth while waiting for his visa to be processed.  He provided documentation that he still had a residence in the UK and bank accounts.  He provided documentation of where we were at in the visa process as well as his return ticket.  He never had any problems and the only advice given was that he needed to be out of the US for longer than he had been in the US before a return trip.  It gets expensive but it's possible.  As far as working, he's mostly retired so it wasn't an issue.