IR-1/CR-1 and Tourist Visa

[traveladdict83 0]

My friend and her husband live in Uganda. Her husband just received a 2 year, multi-entry tourist visa to the US. Once they apply for an IR-1/CR-1 visa for him, will he still be allowed to use his tourist visa to travel to the US? They like to go and visit her family frequently and don't want him to be barred from entering while they wait for the IR-1/CR-1 to be processed.

[florida4life 29]

Yes he can still use his visa while his application is processing it will not affect him in no way. Just don't over stay the visit and don't try to adjust his status while he is in America.

[Harsh_77 718]

He can still use the visa but the entry is not a guranteed... he could be stopped at POE.

He would be required to provide solid proofs that he would return home and would not be AOS before he would be granted entry at POE.

[traveladdict83 0]

Thanks for the replies! My friend and her husband have decided to wait on filing an immigrant visa for him. For now he will just travel back and forth to the US on his tourist visa.

[The Mean Lady 604]

That doesn't change the fact that at any given time, he can be denied entry at the border.

The denial is due to the marriage.

They can think he's trying to immigrate illegally because of it.

He will still need to continue to carry ties with him to his home country.

This can include a lease/mortgage, employment letter, bank statements, utility bills, etc etc.

In fact, if anything, he'd probably have an easier time entering during the immigration process because he would carry his NOA1 as proof of actually filing the papers properly.

Edited July 22, 2013 by The Mean Lady

[Asia 2,498]

And the sooner they apply for CR1 visa for him, the sooner he will get one.

And in the meantime he has a visitor visa to spend time with his wife.