Travel on Tourist Visa During CR1 Process

[mlybrand 0]

I asked this as part of another thread (probably guilty of hijacking... sorry). My wife and my step-son both have tourist visas. Will they be able to come and visit the US while the CR1 process is underway? If not, is there somewhere where this is spelled out?

We were planning a visit either in October or January (my parents love my wife and are anxious to meet their new grandson), so this affects our planning.

Mark

[FinnLove 0]

Hey neighbor! I consulted an immigration attorney before I married my Finn Man (though I'm filing without the attorney!), and he said that my husband absolutely cannot visit during the proceedings. I've read elsewhere on the board that they can try, but can be banned (probably not the right word but I'm tired) from the US for ten years. Maybe I have that wrong? But anyway, just assume that ICE looks at all of us as marriage fraud, and it's up to us to prove there's no fraud. Your wife would have to convince them that she's not going to stay but will be returning to her country (by showing evidence such as return ticket, etc...). I'm sure people have done that, but it's not worth the risk! I'm also sure people who want to stay would buy a return ticket just to defraud. Just my two cents! I'm planning on doing all the visiting during our process. It sucks, but that's the way it is...My husband visited in May to meet my family, knowing that his next visit would be permanent after he's approved for his visa!

[mlybrand 0]

Hey neighbor! I consulted an immigration attorney before I married my Finn Man (though I'm filing without the attorney!), and he said that my husband absolutely cannot visit during the proceedings. I've read elsewhere on the board that they can try, but can be banned (probably not the right word but I'm tired) from the US for ten years. Maybe I have that wrong? But anyway, just assume that ICE looks at all of us as marriage fraud, and it's up to us to prove there's no fraud. Your wife would have to convince them that she's not going to stay but will be returning to her country (by showing evidence such as return ticket, etc...). I'm sure people have done that, but it's not worth the risk! I'm also sure people who want to stay would buy a return ticket just to defraud. Just my two cents! I'm planning on doing all the visiting during our process. It sucks, but that's the way it is...My husband visited in May to meet my family, knowing that his next visit would be permanent after he's approved for his visa!

Thanks, FinnLove, this will definitely affect how we approach visits. I hope others chime in with their experience and knowledge....

BTW, where are you? I am down in Oly.

Mark

[Chris Me lil D 17]

I asked this as part of another thread (probably guilty of hijacking... sorry). My wife and my step-son both have tourist visas. Will they be able to come and visit the US while the CR1 process is underway? If not, is there somewhere where this is spelled out?

We were planning a visit either in October or January (my parents love my wife and are anxious to meet their new grandson), so this affects our planning.

Mark

I've read a lot of stories here on VJ about people visiting US on tourist visa while in process of waiting for an immigrant visa. I'll simply quote some answers so you can read them, or give you links to others...

So on this trip, though now under Immigration proceedings, I requested entry on as a B-2 visitor. I purchased a round trip ticket, and showed up at the airport with just one small carry on bag. Prior to leaving, I had done some research which stated that you may be able to come as a visitor, if you can prove that you do not have "immigrant intent". Meaning, that you are applying to come on a temporary visit, and will return to your country in a short period of time. There are various ways of achieving this:

1) show that you have a mortgage or rent - showing that you have a home to return to at the end of the vacation
2) you have $ in your back accounts, and that these accounts are still open for when you return to your lift back home
3) VERY IMPORTANT - have a letter written from your employer stating that they are aware you are going on vacation, and what date you are expected to be back at work
4) if you have kids, show that you have custody of them, and if they are not travelling with you, show that they are at home and you are returning to take care of them
5) owner registration of a vehicle
6) just about anything thing else you can think of which demonstrates that you have not closed out your life in your current country, and you have a reason to return at the end of the vacationSo on August 3, 2007 I travelled to the airport, knowing that my request to be considered a B2 visitor may be denied. I presented the Immigration Officer the following things:

1) My car registration - and parking ticket from the airport (I drove and parked there, and obviously need to retrieve my car when I return).
2) A letter from my supervisor who stated she was aware of my trip, and that I was expected back at work on August 6, 2007
3) I had recently received a promotion at work, and am to start that position in one week. I presented the letter from Human Resources stating about my promotion and new salary grade
4) I presented a round-trip ticket - and clearly indicated my date of departure from the States
5) I printed off copies of my bank accounts, showing that as of the day before they were still open and $ was available to finance my trip.

The Officer stated that this information was fine, and he believed that my intention was for a visit only and allowed me entry to the USA. A few things he did say:

1) If I had been denied entry for a visit, this would have been entered on the system, and any future officers would have access to this information, and it would be easier to deny me entry the next time.
2) Since I am from Canada, they do not scrutinize my intention as a visitor only as much. They are more likely to deny someone from Latin American countries and certain countries in Europe.
3) The key piece of information which demonstrated my intent to return home was my letter from my supervisor and the letter showing a recent promotion at work. He said that the next time I applied to visit, those may be all that are required, since I am "gainfully employed" in his words.

[b][color="#FF0000"]So in other words, it is possible to travel to the US while applying to immigrate to the States. You just have to prove "non-immigrant intent"[/color][/b].

TRAVEL TO US ON A TOURIST VISA WHILE CR-1 PENDING

Hope that info was helpful, good luck

[FinnLove 0]

Wow, that sounds like a lot of work (and a lot of paperwork to bring in)!

Mark-I'm in Sea!

[imaisha 0]

Just a few corrections so that others reading this later don't freak out:

I've read elsewhere on the board that they can try, but can be banned (probably not the right word but I'm tired) from the US for ten years. Maybe I have that wrong?

Yes, very wrong. You'd just be turned around and put on the next plane back. A ten year ban is usually reserved as punishment for an extended overstay of a visa/the VWP.

But anyway, just assume that ICE looks at all of us as marriage fraud, and it's up to us to prove there's no fraud.

In this situation it's not marriage fraud that they're looking for. The officer at immigration control is not accusing you of entering into marriage on false pretenses. It's the assumption that you are entering with the intention of immigration that they're making.

[vj. 0]

i recall reading somewhere that once you file for immigrant visa to seek to obtain a tourist visa is illegal.

i will see if i can find that reference......(internet somewhere)

[mlybrand 0]

i recall reading somewhere that once you file for immigrant visa to seek to obtain a tourist visa is illegal.

i will see if i can find that reference......(internet somewhere)

In our case, she and step-son already have their tourist visas (she four 10 years, he for 5).

Mark

[vj. 0]

i recall reading somewhere that once you file for immigrant visa to seek to obtain a tourist visa is illegal.

i will see if i can find that reference......(internet somewhere)

In our case, she and step-son already have their tourist visas (she four 10 years, he for 5).

Mark

i cannot find the reference to the no tourist visa while IV is pending.....

without supporting documentation to clarify supporting or denying a tourist visa while a IV is pending....ask yourself...IF it later becomes an issue...which is the most conservative approach?

play it safe...IMO

[mlybrand 0]

i recall reading somewhere that once you file for immigrant visa to seek to obtain a tourist visa is illegal.

i will see if i can find that reference......(internet somewhere)

In our case, she and step-son already have their tourist visas (she four 10 years, he for 5).

Mark

i cannot find the reference to the no tourist visa while IV is pending.....

without supporting documentation to clarify supporting or denying a tourist visa while a IV is pending....ask yourself...IF it later becomes an issue...which is the most conservative approach?

play it safe...IMO

Yeah. I was just providing clarifying information. But my wife and I are pretty much decided that we are going to play it safe (my mom is going to be unhappy, but she'll get over it in the long term).

Mark

[vj. 0]

i recall reading somewhere that once you file for immigrant visa to seek to obtain a tourist visa is illegal.

i will see if i can find that reference......(internet somewhere)

In our case, she and step-son already have their tourist visas (she four 10 years, he for 5).

Mark

i cannot find the reference to the no tourist visa while IV is pending.....

without supporting documentation to clarify supporting or denying a tourist visa while a IV is pending....ask yourself...IF it later becomes an issue...which is the most conservative approach?

play it safe...IMO

Yeah. I was just providing clarifying information. But my wife and I are pretty much decided that we are going to play it safe (my mom is going to be unhappy, but she'll get over it in the long term).

Mark

keep searching...maybe someone can find a reference stating that it is ok to do so.

in the absence of clarification...play it safe

but if you can find it in print you can will win any arguments

[FinnLove 0]

Hey Mark! Didn't mean to "freak" you out! I was just telling you what I was told. Glad Imaisha was able to straighten me out!

[mlybrand 0]

Hey Mark! Didn't mean to "freak" you out! I was just telling you what I was told. Glad Imaisha was able to straighten me out!

No worries. Not freaked. But it is better safe than sorry. It never even occurred to me that they might stop her at the POE. Hopefully my mom won't have to wait too long

Mark

[mlybrand 0]

Going to visit my lovely wife in October!!! E-tix in hand (well, in in-box)!!

[FinnLove 0]

Awww, you're so lucky! I haven't seen my hubby for three weeks...I guess I shouldn't be whining yet! I'm such a newlywed. I may not see him until Xmas, which will be the longest we will go between trips. I'm also planning on going to his embassy interview, then bringing home on another trip, so I need to stay home for a few months. I bet you can't wait!