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BrianHummel

Returning to US while waiting for CR-1

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I'm currently visiting my wife on an ESTA. After 3 months (which is due soon) I'll return home.

We're currently awaiting a response on our I-130, which should result in a CR-1 in a couple of months.

 

What is the best way to quickly return to the US and be with my wife?

I'm afraid there's not enough time in between visits to confidently return on an ESTA, but I'm not sure if there's other options.

 

Thanks so much!

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Filed: K-1 Visa Country: Wales
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She visits you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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43 minutes ago, BrianHummel said:

I'm currently visiting my wife on an ESTA. After 3 months (which is due soon) I'll return home.

We're currently awaiting a response on our I-130, which should result in a CR-1 in a couple of months.

 

What is the best way to quickly return to the US and be with my wife?

I'm afraid there's not enough time in between visits to confidently return on an ESTA, but I'm not sure if there's other options.

 

Thanks so much!

That is pretty much it is her come visit you while y'all are waiting right now. 

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Filed: Other Country: China
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Her visiting is your only other option but it is likely to be 4 or 5 months after the I-130 approval before you have your visa interview.  You could visit each other in a third country as well.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: IR-1/CR-1 Visa Country: Sweden
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I\m currently in the same situation.

 

I've been in the U.S. for almost 90 days when I return to Sweden at the end of the month (the I-130 is in process since the beginning of the year).

 

I booked a return to the U.S. 2 weeks afterwards, although I have some doubts that they'll let me back in...I can update you if there are any issues, albeit results may differ. 

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Filed: Other Country: China
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3 hours ago, kirreb said:

I\m currently in the same situation.

 

I've been in the U.S. for almost 90 days when I return to Sweden at the end of the month (the I-130 is in process since the beginning of the year).

 

I booked a return to the U.S. 2 weeks afterwards, although I have some doubts that they'll let me back in...I can update you if there are any issues, albeit results may differ. 

You might get away with that ONCE.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: K-1 Visa Country: Wales
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Please let us know how you get on.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Canada is nice at this time of year

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: IR-1/CR-1 Visa Country: Sweden
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On 9/21/2017 at 6:29 PM, kirreb said:

I\m currently in the same situation.

 

I've been in the U.S. for almost 90 days when I return to Sweden at the end of the month (the I-130 is in process since the beginning of the year).

 

I booked a return to the U.S. 2 weeks afterwards, although I have some doubts that they'll let me back in...I can update you if there are any issues, albeit results may differ. 

That’s a VERY short stop back in Sweden. If you get denied entry, you’re gonna need a visitors visa, which rarely happens with a spouse in the US. I wouldn’t risk my ESTA like that if I were you.

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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Filed: IR-1/CR-1 Visa Country: Sweden
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4 hours ago, mallafri76 said:

That’s a VERY short stop back in Sweden. If you get denied entry, you’re gonna need a visitors visa, which rarely happens with a spouse in the US. I wouldn’t risk my ESTA like that if I were you.

I’ll take my chances. It’s my wife and 2 kids that live in the US, if it doesn’t work I’ll stay in Sweden until the process is done (filed in Jan), hopefully early 2018...

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Wish I could have had so much time off work during the process...

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: IR-1/CR-1 Visa Country: Sweden
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8 hours ago, kirreb said:

I’ll take my chances. It’s my wife and 2 kids that live in the US, if it doesn’t work I’ll stay in Sweden until the process is done (filed in Jan), hopefully early 2018...

You’re not just jeopardizing your own ESTA. It’s people like you, who use the VWP to live in the US, that make it difficult for other people who just wants to come and visit. They’re not believed because people before them have abused the system. 

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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Filed: IR-1/CR-1 Visa Country: Sweden
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31 minutes ago, mallafri76 said:

You’re not just jeopardizing your own ESTA. It’s people like you, who use the VWP to live in the US, that make it difficult for other people who just wants to come and visit. They’re not believed because people before them have abused the system. 

Apologies for not agreeing with you at all.

 

Can you please point me to a specific example on how me traveling to the US for up to 180 days, during one ESTA period of two years, in any way makes it difficult for someone else to visit the US with their ESTA?

 

The border officer has all the information to make a final judgment call.

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55 minutes ago, kirreb said:

Apologies for not agreeing with you at all.

 

Can you please point me to a specific example on how me traveling to the US for up to 180 days, during one ESTA period of two years, in any way makes it difficult for someone else to visit the US with their ESTA?

 

The border officer has all the information to make a final judgment call.

The decision to include or remove a country from the visa waiver program is based on the trustworthiness of the citizens of that country not to abuse the privilege. Abuse of the privilege takes many forms - overstay, illegal work or study, using the VWP to live in the USA in 90-day installments broken up by short jaunts to the native country, among others. Argentina and Uruguay have been removed. The program was designed to encourage tourism in the USA, not to help people spend 180 days a year living in the USA without a visa. If we all adopted your attitude of "so what if I spend 180 days a year there" you'll soon find that the program will be changed or even cancelled altogether, forcing everyone to apply for full B-2 visas. 

 

I assume you are filing tax returns in the USA since you are spending 180 days a year here? Don't be surprised if you are taken into secondary and have your phone and bags searched for evidence of illegal work. Any entry is a privilege, not a right. But with many privileges, there are always people determined to abuse them. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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