Travel while I-129F or I-130 is in process = ? [split topic]

[F&L 0]

I do not fully understand how the regulations for entering the US differ while in process between CR1 and K-1 Visa. 

While K1 is in processs am I allowed to enter with a Tourist Visa the US as often as I want for 90 days as long as I exit everytime befor eth Tourist Visa is expired?

While Cr1 is in process am I also allowed to visit my partner with a tourist Visa ?

Thank you for your help! 

[TBoneTX 45,259]

*** The above was split from someone else's thread in a different forum. ***

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See the pinned threads in the K-1 Process forum and the CR-1 Process forum for answers.

[da95826 387]

16 hours ago, F&L said:

I do not fully understand how the regulations for entering the US differ while in process between CR1 and K-1 Visa. 

While K1 is in process am I allowed to enter with a Tourist Visa the US as often as I want for 90 days as long as I exit everytime befor eth Tourist Visa is expired?

While Cr1 is in process am I also allowed to visit my partner with a tourist Visa ?

Technically a person could come to visit if they have a valid B1/B2 visa even with an immigrant visa under process. 

However, there is a chance they could be subject to additional scrutiny entering the USA. They must enter the US to visit with the intent to return to their home country.

If they intend to get married and stay when entering the US on a visit visa that would be a misrepresentation and would cause serious issues with USCIS. 

 

If they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, then that would be okay.

 

[F&L 0]

5 hours ago, da95826 said:

Technically a person could come to visit if they have a valid B1/B2 visa even with an immigrant visa under process. 

However, there is a chance they could be subject to additional scrutiny entering the USA. They must enter the US to visit with the intent to return to their home country.

If they intend to get married and stay when entering the US on a visit visa that would be a misrepresentation and would cause serious issues with USCIS. 

 

If they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, then that would be okay.

 

Thank you for answering. I would return and nor risk my visa of course. 

I do not understand thi though : "f they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, then that would be okay." 

File for adjustment of what ? 

[Chancy 6,241]

11 hours ago, F&L said:

I do not understand thi though : "f they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, then that would be okay." 

File for adjustment of what ? 

 

That line is misleading.  Adjustment is not a legal option for you, whether you stay 10/30/60/90 days in a future visit to the US.  Traveling on ESTA or B visa with preconceived intent to stay and adjust status, then lying to CBP is fraud.  Don't do it.

 

[da95826 387]

19 hours ago, F&L said:

I do not understand thi though : "f they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, 

To answer your question, Adjustment of Status is the process of converting one US immigration status like being on a student visa or visit visa to a Legal Permanente Resident status (green card holder). 

 

As indicated above when entering US on any non-immigrant visa like B1/B2, ESTA, F1 you cannot enter the US with the intent to stay or apply for a green card.