Visiting Visa While IR1-CR1 Is Pending

[Hotter Otter 1,211]

Never lie.

Always be polite.

Always be friendly. (Smile!)

Don't be nervous.

Don't babble.

Answer all questions concisely.

I'd definitely agree with these! Smiling and giving a cheerful greeting helps to hide any nervousness too even if you don't get a smile back. A handy tip I've found if you are on a big plane with hundreds of others (like a 747) choose a seat near the front so that you can exit the plane quickly and overtake others in the walk to the arrivals hall. The longer you wait the more stressed and apprehensive you are by the time you get to the front!

[NikLR 13,227]

Normally the can you visit issue comes up because it's hard for people from countries where B2 visas are rare in the first place, and then suddenly they want a B2 visa while they are in the middle of immigration. At that point, no you likely cannot visit the USA. But people who already have a B2 should be able to visit.

However VWP and Canada should have few issues. Those issues arise when you're jobless, not attending school or/and dont pay rent. Short visits generally go over better than long ones as well.

If you're visiting with vwp dont try to stay your full 90 days, make sure to book a flight with a few days left to be wary of delays. You dont want to lose your esta because your flight was delayed or cancelled due to no fault of your own.

As always it's up to the individual officer to let you through. A denial of entry doesnt affect your immigration path as long as you are not banned.

Edited February 15, 2014 by NLR

[Tala202 27]

Could you go in on a student visa while waiting for the I-130? I assume yes, but I wanna double check.

[Ryan H 3,812]

Could you go in on a student visa while waiting for the I-130? I assume yes, but I wanna double check.

Even with a sponsoring school, there is no guarantee a student visa would be granted as they are also subjected to presumption of immigrant intent and strong ties to country are needed to overcome.

[Tala202 27]

Going down to visit tonight for a little over a week (it's our Spring break). I'm really paranoid I'll be denied at the border

I have a letter of enrolment, a return ticket, and a print-out of the NOA1 email (the actual one is with my husband). Anything else I should take? Any advice? Will I be okay? (crossing by land, btw - Greyhound bus)

[awaywego 28]

Thought I'd add our experiences to this thread, as it and the K-1 version were helpful when planning our last couple trips to the US. We haven't yet applied for the IR-1, but my husband (the non-USC) has entered the US a few times since we married.

My husband was on a J1 visa when we married. He entered at LAX twice on that visa after the wedding. Neither time was any different than beforehand. No one asked about his marital status.

We then both moved to his country. He enters under the VWP. We travel together and ask the CBPs which immigration line to take.

POE SFO for 3 weeks: Directed to "citizens and permanent residents" line. ("If they ask, tell them the supervisor said it's okay.") CBP asked if we both live in Germany, purpose of trip, and how long we plan to stay. Let through.

POE JFK for 2 weeks: Directed to "permanent residents" line. CBP asked how long we plan to stay and the purpose of the trip. He seemed stressed, and he was especially unimpressed with my husband's multiple expired (educational) visas. We offered that husband was now entering on VWP to help make the guy's job easier. CBP circled the expiration dates on all of the visas, then spent a lot of time looking through all of the pages of my passport. He might have been looking for evidence that I also live abroad, but he did not ask or say anything. He eventually seemed satisfied or ready to move on and let us through.

In case evidence of our intent to leave the US again is requested, we carry:

-printout of plane ticket itinerary

-my foreign residence permit

-apartment lease

-letter from husband's employer stating that he is expected back on a specific date

-printout of foreign bank account from the day before the flight

[Hotter Otter 1,211]

Thought I'd add my experience yesterday at Boston Logan.

After an awfully slow moving queue I finally reached the CBP officer and had an easy entry. I was asked the purpose of my visit to which I said leisure and then who I was visiting. When I replied "my wife" he asked if she was a USC. He then asked me how long as I was staying for and I said two weeks before asking what job I did in the UK. I told him and he looked at his screen before stamping my visa and saying I was free to go. I thanked him and he said "youre welcome". Then I rushed off to pounce my lovely wife at arrivals.

So all in all an easy POE just wish they had more staff at Logan!

Edited March 11, 2014 by Hotter Otter

[NikLR 13,227]

Going down to visit tonight for a little over a week (it's our Spring break). I'm really paranoid I'll be denied at the border

I have a letter of enrolment, a return ticket, and a print-out of the NOA1 email (the actual one is with my husband). Anything else I should take? Any advice? Will I be okay? (crossing by land, btw - Greyhound bus)

Should be fine.

I never had any issues crossing over and always said I was visiting my husband. Just remember you're not doing anything wrong, smile, be polite, and friendly.

[Tala202 27]

Should be fine.

I never had any issues crossing over and always said I was visiting my husband. Just remember you're not doing anything wrong, smile, be polite, and friendly.

Yea I actually went through without a problem. I did get questioned a bit more than usual since I said I was visiting my husband, but they didn't even ask about an I-130 or anything. Just the usual "how long are you staying" "where do you live" "what do you do" "where'd you meet" "is he a US citizen" "how long have you been married" etc etc. I recognize most of the CBP officers that work that shift at this point and am super friendly with them, so it went pretty smoothly.

I'm heading over again next weekend (in-laws are in town) and then again the week after that (break before finals, so I'll be going to do my studying in the warmth of DC, as I usually do pre-finals). I feel really confident for now as I'm in school and have more than enough proof that I'll be returning (it just sounds really stupid to abandon a degree at the end and do things illegally when you already have the legal way going), hence the frequent visits. Let's see what happens after I graduate.... :/

[xprecious32 50]

Thought I'd share my experience.

My husband and I got married in the US May 19 2012. He is a USC and I am Canadian citizen. After the wedding I returned home and began to visit him roughly once a month, sometimes he'd visit me. I usually drove, sometimes I flew. I have never had an issue crossing the border. Always told them I was going to visit my husband. Asked a few times if I was moving there, but never asked for any documentation to prove that. Never called into secondary inspection until just recently.

My husband came to visit me the first week of February, and seeings as I was unemployed, I figured I would travel back to the US with him and stay two weeks and travel back to Canada via greyhound. BIG MISTAKE!! WE pulled up to the booth, asked the regular questions, citizenship, reason for visit and so on. Thought we were good to go til the CBP officer keeps our passport and sends us to secondary. We parked the car and walked into the CBP office with about 50 other people. Proceeded to wait 30 minutes til my name was called. I was questioned first and searched, then my husband was questioned. Then the officer proceeded to go check the vehicle. They were worried that I was going to stay in the US. WE had all the information with us, Return bus ticket, my phone bill, my car registration,(really the only ties to Canada I had) but the NOA2 was in the car. The CBP officer came back with the NOA2 and said "that's all I needed" and sent us on our way. Bus ticket wasn't good enough to show proof of me returning, or the fact that my car was still in Canada. All he needed was that NOA2, cuz as he stated "You's spent a lot of money to get this piece of paper, just carry this with you the next time you come to visit your husband" Nothing to sign, no stamp in my passport. After two hours of this "Have a nice time" Really??

Doesn't make sense to me, I had no job, am living with my mom, so no proof of domicile, no REAL ties to Canada, but yet all he needed was that NOA2??

I guess it all depends on the CBP officer you get. All I know is they sure know how to make you feel like you're doing something wrong.

After the experience I had, I wouldn't suggest travelling to the US with your USC spouse.

[JBPB 2]

I think people make a bigger deal on this forum than it should be.

My wife has been here the whole time with me while i-130 pending. She comes for 90 days at a time, leaves for 6 weeks and comes back. She is from a vwp country. At US customs they asked the first time, what is the point of visit, to see my husband and they let her go through. 2nd time: why are you here? A: to visit my husband Q what does he do? A: hes a doctor Q: did u file paperwork A: yes, waiting on petition approval Agent: enjoy your trip.

Also, she does not have a single tie to her country because she quit her job to spend time here, no car lease, lives with parents while she goes home, they never ask for anything. My two cents, just go visit and stop worrying about POE AGENTS.

[hydroscott 0]

Has anyone been denied entry? Does anyone know if this will hurt or delay the CR-1 process? I will be getting married in about a month in Japan, and my wife and I would like to plan a trip for her to come here this summer, but we don't want to jeopardize the process in case she gets turned back. As a precaution, we are considering having her fly into Canada and then cross into the US via Canada. In case she gets turned back, she can stay in Canada and I can stay with her there (I am only about 30 mins from the border).

[Ryan H 3,812]

Has anyone been denied entry? Does anyone know if this will hurt or delay the CR-1 process? I will be getting married in about a month in Japan, and my wife and I would like to plan a trip for her to come here this summer, but we don't want to jeopardize the process in case she gets turned back. As a precaution, we are considering having her fly into Canada and then cross into the US via Canada. In case she gets turned back, she can stay in Canada and I can stay with her there (I am only about 30 mins from the border).

Being denied entry will have no bearing on the CR-1 process. However, it will have to be disclosed when it is asked about on forms.

[sj3112 17]

Im going to share my story real quick as well.

For background info: Pending I-130 at the NVC stage right now, i'm German, husbands the USC living in TX.

I flew to the US on Feb, 27th this year to visit my husband for 10 days. I just took employment letter and translated copy of apartment lease contract.

They looked at my passport, asked what i was doing "vivisting my husband", is he american "yes". That was it. No asking for documents or anything.

I was pretty nervous before, but believe now that for Country that are not high fraud its no problem at all to visit. But i would still be careful with high fraud countries, but thats just my opinion.

[casualsurfer 25]

Here's my experience: Applied for I-130 in early November, wife has a 5-year B1/B2 visitor visa granted before VWP came on for Taiwan.

POE DTW this past January: had all the documentations from employers and stuff, entry officer was nice but the officer checking the customs forms gave us a real hard time for some odd reason. Got through. I was more upset with the customs officer because she was like "I'm the last line of defense so you better explain yourself to me".

Wife is returning to Taiwan and wait out the rest of the time, but if you tell the truth and have the documents that show your foreign spouse will return, then they'll let you in.