What is the latest anyone has visted the USA during the Cr-1 process?

[MPGGPM 0]

My wife has visited me 3 times in the USA already. Never any problems yet. However, after reading one thread recently, a person was denied entry into the USA and was told that since her application was approved already (but she had no green card yet and was not done with the immigration process yet), that she could not enter and had to wait until she was done and was given her green card. (might have been a k-3, I forget which one exactly) Even though she had visited before, successfully, without any problems, THIS time they denied her and their reasoning was that her application had been approved already.

So, it brang up a concern and a question. Because although my wife has never had a problem visiting me, it all took place before our I-130 was recently approved . (Now, on the way to the NVC)

Does the Border patrol get stricter when someone's application is nearing the end of the process? What is the latest into the immigration process that any of you have visited the USA and been successful? If you visited near the end of the process, were you scrutinized more or asked more questions than your last visit, or asked for more documentation? Was that visit any different than the others?

Or was she just given a raw deal, and just happened to meet the wrong border patrol agent? (Even the person who wrote that topic said he was a hard case.)

I am asking this question because I have plans for my wife to come visit me one last time during the holidays (December). By that time, I would expect we would be just a short while from her embassy interview.

Might help to ease my mind a bit.

Thanks.

Edited September 24, 2006 by MPGGPM

[lquin 0]

I could be wrong and I have no experience of this.. however I always thought that it was the period between getting your petition approved (NOA2) and the actual issuing of your visa that you were not able to enter the US.. this is becuase up until your I-130 is approved (NOA2) you case might not have been worked on.. i.e you have been sitting in a backlog of paperwork for the past few months.. etc..

Like I said no experience of this, just the way it seems to me..

[homesick_american 1]

I could be wrong and I have no experience of this.. however I always thought that it was the period between getting your petition approved (NOA2) and the actual issuing of your visa that you were not able to enter the US.. this is becuase up until your I-130 is approved (NOA2) you case might not have been worked on.. i.e you have been sitting in a backlog of paperwork for the past few months.. etc..

Like I said no experience of this, just the way it seems to me..

We were told the same thing; we considered starting the process prior to my brother's wedding in 2005 and I called the embassy in London to ask them about travel while an immigrant visa was being processed. We were told that it was possible, but it would have to be for a good reason, that the special visa would take a while to process, and that it would delay the petition for an immigrant visa. We were advised to wait until after we returned from the wedding to start the process, which is exactly what we did.

[alix 20]

I could be wrong and I have no experience of this.. however I always thought that it was the period between getting your petition approved (NOA2) and the actual issuing of your visa that you were not able to enter the US.. this is becuase up until your I-130 is approved (NOA2) you case might not have been worked on.. i.e you have been sitting in a backlog of paperwork for the past few months.. etc..

Like I said no experience of this, just the way it seems to me..

We were told the same thing; we considered starting the process prior to my brother's wedding in 2005 and I called the embassy in London to ask them about travel while an immigrant visa was being processed. We were told that it was possible, but it would have to be for a good reason, that the special visa would take a while to process, and that it would delay the petition for an immigrant visa. We were advised to wait until after we returned from the wedding to start the process, which is exactly what we did.

Hi,

It happened to me! I was stopped by the immigration in Chicago in May. We had no idea our I-130 had been approved (cuz we were told it would take a lot longer). It was a nightmare! And my husband was travelling with me. The immigration officer said that I couldn't be travelling on a turist visa when it was clear to her that I was trying to immigrate to the US, because I had a driver's license. Of course I am trying to immigrate, but using the legal way! They said I couldn't have left the country after applying for the I-130. In the end they let me in...not before threatening me that my I-130 could be cancelled. I had my passports confiscated and picture and fingerprints taken. A month later I had to go to the immigration office closer to where our house is and the officer there told me that I had to return to Brazil. She allowed me to stay another 6 months with a new I-94, but told me once I left the country I could only return with my CR1 visa. And that if I tried to come with my B2 visa, I'd be deported and not allowed in the country for 5 years. Fortunately they didn't cancel my I-130. I guess I was lucky! The only problem is that we had a vacation planned abroad a month later and had to return directly to Brazil. I couldn't even connect flights in the US!

Alix

[k_hudda 0]

Hi,

I visted USA 3 weeks ago and my interview for IR1 is scheduled for october mid. They dint give me any hard time and gave me 6 months multiple entry but when i came back i submit my I94 to them coz i dont need it. Anyways the thing is that as per as i believe its depends upon the officer if he/she feels to let your wife in or if officer wants to give her a hard time.. So basically it's not like that you cant visit but there are chances for denial too.

So hope for the best.

Thanks

[MPGGPM 0]

Hi,

I visted USA 3 weeks ago and my interview for IR1 is scheduled for october mid. They dint give me any hard time and gave me 6 months multiple entry but when i came back i submit my I94 to them coz i dont need it. Anyways the thing is that as per as i believe its depends upon the officer if he/she feels to let your wife in or if officer wants to give her a hard time.. So basically it's not like that you cant visit but there are chances for denial too.

So hope for the best.

Thanks

Thanks. That's reassuring.

I know this is all a crapshoot, and no guarantee she'll get in. But when I look at your experience, that will be pretty close to the situation my wife will be in when she visits. (You visited 3 weeks ago, so around Sept 3 you entered?) That IS very close to your interview next month, in fact probably closer than ours.

In any case, I appreciate your response. The point is that they "didn't" treat you differently than when you visted before? (If you did actually visit before this one......doesn't say). But even so, being so close to your interview time was my concern.

I think as you said it all depends on the officer. He could be having a bad day, interpret the laws/rules differently, be more stringent etc....

I guess that lady who got denied just met a butthead/hardhead.

Knock on wood that my wife has not had trouble yet. This will be her last trip to visit because I'm expecting her process to be done not too long after. She actually visited me in between the notice of action #1, and then left shortly before we recieved the notice of action #2.(This was just last month) They never questioned her about it at the airport.

I hope our luck holds out, one more time.

Thanks for your response. It was helpful.

[girl 37 7]

MPGGPM, you probably read my post.

The last time I visited the US was Sept 1. I went through the same border without any problem. I had both of my NOAs for K3 and CR1, and showed them all to the officer. He stamped my passport and wrote in B2 visitor. On Friday I had the exact same documents, but got another guy. After he said I wasn't going anywhere, I told him that I went through without any problem just three weeks ago. I think he was just a jerk. He gave me what I think is quite a bit of misinformation. Anyway, it wasn't particularly stressful because I was only planning to visit for the weekend, and I don't think I did anything wrong. But of course it might be different for other people.

Butthead... I like it.

[k_hudda 0]

Hey,

I crossed USA twice by Land before and that was worst time i forgot to mention to you about that but when i went 3 weeks ago i took flight and they dont even bother to check anything just asked me where you goin and took my fingerprint and all thats it. So i suggest if your wife is coming by air than would be preety easy. Anyways where is your wife coming from?

and one more thing as a backup i brought employment letter with me incase they want any proof but they spent only 1-2 mins with me and booooooooom ..

Thanks

[girl 37 7]

I was going by air and had all kinds of evidence of returning. The officer didn't care. On my Withdrawl form he wrote: "Subject can't enter the US as a non-immigrant when approved for immigrant status." I really think it depends on who you get...

[MPGGPM 0]

I was going by air and had all kinds of evidence of returning. The officer didn't care. On my Withdrawl form he wrote: "Subject can't enter the US as a non-immigrant when approved for immigrant status." I really think it depends on who you get...

When you came through that first time 3 weeks earlier, wasn't your status the same though?(case approved...just waiting for interview?) It hadn't changed in those 3 weeks, right? And you were let in regardless?

It was just that second guy...(you know, the "butthead" )......who decided to get tough and not let you in, right?

So basically....same situation, but different outcome the second time.

(One thing I will say though, which may have played a factor, is that you had tried just 3 weeks earlier, and in their mind, they may have thought you were visiting too often.....but since the process is so arbitrary, who can say for sure? ).

[girl 37 7]

So basically....same situation, but different outcome the second time.

Yes.

Vancouver has been very cool and scheduled our K3 interview for next week, the day after the medical. We weren't going to bother with the K3, but now we will, in part because I'm curious about some of the things that officer said.

[knowledge 0]

I was going by air and had all kinds of evidence of returning. The officer didn't care. On my Withdrawl form he wrote: "Subject can't enter the US as a non-immigrant when approved for immigrant status." I really think it depends on who you get...

When you came through that first time 3 weeks earlier, wasn't your status the same though?(case approved...just waiting for interview?) It hadn't changed in those 3 weeks, right? And you were let in regardless?

It was just that second guy...(you know, the "butthead" )......who decided to get tough and not let you in, right?

So basically....same situation, but different outcome the second time.

(One thing I will say though, which may have played a factor, is that you had tried just 3 weeks earlier, and in their mind, they may have thought you were visiting too often.....but since the process is so arbitrary, who can say for sure? ).

Girl is on Cr-1 and K-3, Kudha is only on Cr-1, is it possible that they might be more harsh on those who do both, rather that only 1 ?...I just wonder reading some other posts, they say that USCIS or the border do not like when customers do also K-3 while on Cr-1...Anyone more knowleagable?...

[alix 20]

I was also on CR1...to be honest we had sent the I-130 and had no idea what else we had to do. We didn't even know about the K-3 or the CR1. We thought (because we were informed by the USCIS) that we could do an Adjustment of Status later on this year. We were basically waiting for it to be approved. And it was approved the day we left to Brasil. The lady at immigration in Chicago was full of B.S....she told me I couldn't have left the country after applying for the I-130, which is clearly not true.

Anyways...I just wished they were more consistent on their treatment!

Edited September 27, 2006 by alix

[Shakil 4]

Hopefully I will be going to US on a H-1b while my I-130 is still in process..

Kind Regards,

Shakil

[knowledge 0]

Hopefully I will be going to US on a H-1b while my I-130 is still in process..

Kind Regards,

Shakil

Hi Shakil, H-1b? can you explain a bit more? we are soo confused about the next steps...and trying to figure out a couple of elements...Thanks...