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H1B1 and CR-1....can he still come and go?? (merged)

By A&B in IR-1 / CR-1 Spouse Visa Process & Procedures

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A&B Rookie

A&B   1

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted (edited)

My fiancee holds a H1B1 visa and has spent time with me here in the states. We are planning on getting married in October and he will go back to Egypt. My question is this...can he still travel in and out of the USA with his H1B1 after we marry or are they going to hassle him about it? We don't intend on him staying but we would like for him to be able to use his H1B1 to visit. Thanks everyone!!

Edited by Penguin_ie
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mallafri76 Experienced

mallafri76   1,012

Posted
Filed: IR-1/CR-1 Visa Country: Sweden
 Timeline
Posted

People can still visit during the visa process. However, it's up to CBP whether or not they'll let him in. When he comes to visit you, he should bring strong ties to his home country. just in case CBP wants proof of his intentions to return home.

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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A&B Rookie

A&B   1

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
  • Author
Posted

What types of proof do you think would be good? He has a job in Egypt and property and children etc. Just trying to plan ahead and thanks for your reply!

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jan22 Experienced

jan22   2,897

Posted
Filed: Timeline
Posted (edited)

He cannot use the H1 visa to visit, It is to work for the petitioning company in the US. Is he still employed by that company and is his job in the US? Your post makes it sound like he has gone back/will go back to Egypt and is no longer going to be working in the US. Even if the visa appears valid on its face, without currently working in the US, he cannot use it to enter just to visit.

If he is back in Egypt and no longer working in the US, he can always apply for a B1/B2 visitor visa. If he can show strong ties to Egypt, even with the immigration process going on, he would then be able to visit.

Edited by jan22
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  • 8 months later...
A&B Rookie

A&B   1

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
  • Author
Posted

My husband and I got married on October 15, 2016 and got our NOA1 in November.   He is able to travel freely on a work related visa that he has to come in and out of the USA to train for his job back home in Egypt.  What would happen if he comes and stays?  Would that cause problems?

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Roel Experienced

Roel   7,191

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

Coming and staying in the USA with the intent to adjust is a fraud. Since you already have a spouse visa process going (I assume) just complete it. You're the lucky one if your husband can visit during the process anyway. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
4 hours ago, A&B said:

My husband and I got married on October 15, 2016 and got our NOA1 in November.   He is able to travel freely on a work related visa that he has to come in and out of the USA to train for his job back home in Egypt.  What would happen if he comes and stays?  Would that cause problems?

What kind of work related visa.. B1 or H1b?  I assume B1. 

He cannot come on a temp visa to stay, it's fraudulent use of a visa. He does CR1 interview in Cairo. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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