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Can my husband travel to US while in process for Spouse Visa

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My husband has a tourist visa and we are currently in the process for him for a spousal visa. We are only lacking one more form (unable to get because of the technical issues) and then we should be ready for the medical/interview. Can he travel to the US right now without an issue or would they stop us because we are in the process of changing to a different form of visa? Just curious. Please inform me if you know. Thanks!

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He is allowed to travel on a tourist visa, as long as his intent is to visit and then go back home. Whether he's allowed in or not depends on whether the CBP officer believes that your foreign spouse have immigrant intent or not, when he's arriving with his tourist visa. Since you're almost at the interview stage, I take it he has sent in the DS-260 with his passport details?

I have personally not had any issues while travelling under the VWP, either before or after we started the visa process. I have traveled once after submitting the DS-260, which is also the only time that CBP has mentioned me being in the visa process. I have previously spoken to a CBP supervisor about travelling under the VWP during the visa process and he told me that CBP cannot see if a person has a petition filed on their behalf or not. They can't see this until the actually visa application (e.g. DS-260) is submitted. Which kind of makes sense, since that's the time the foreigner actually submits their passport details.

Make sure your husband brings lots of ties to his home country, such as a letter from his employer and mortgage/rental agreement on a home. Good luck!

Edited by mallafri76

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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By the way, here's a link to a thread about visiting the US during the visa process:

http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/


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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My wife tried to get a tourist visa to come and visit me. They denied her the visa because she mentioned we were doing the CR-1.

They approved her mom who went to the interview at the same time then my wife cried. :(

Edited by juanchopancho

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