Can spouse still us B2 visa while waiting for CR1 visa

[ToddnTiti 0]

Hello

My wife has a B2 tourist visa already and we are thinking about going through the process for a CR1 visa. The B2 visa allows her to travel to the US and stay for up to six months. Once we apply for the CR1 visa can she still travel to the US on her B2?

[Ning 619]

Hello

My wife has a B2 tourist visa already and we are thinking about going through the process for a CR1 visa. The B2 visa allows her to travel to the US and stay for up to six months. Once we apply for the CR1 visa can she still travel to the US on her B2?

Is the visa a multiple entry visa? Has she entered the USA before?

I was told by the embassy that no one could enter the USA on a tourist visa if there was a pending immigrant petition. That petition info will be in the data base at the POE.

Having said that I have seen cases here on VJ where people still used the tourist visa to enter with a pending case.

This question will only be answered at the POE when she tries to enter. She must be prepared to convince them she is going to leave the USA.

[BunzTheMagicSnail 2]

there are many ppl who travel on their B2 visa while their case is pending

but like everything else, its up to the immigration officer at the port of entry

[sdhiman 0]

I had a B2 visa which I used multiple times prior to filing CR1. Even after filing CR1, I have travelled 3 times without any issues. It always depends on the officer at POE and to avoid denied entry, I always bring proof of ties to Canada which includes a letter from the employer. So far none of the officers have ever asked to see the letter, they just ask some regular questions and let me go but I do plan to take it with me everytime I travel.

Edited September 8, 2009 by sdhiman

[dkdunning 0]

Hello

My wife has a B2 tourist visa already and we are thinking about going through the process for a CR1 visa. The B2 visa allows her to travel to the US and stay for up to six months. Once we apply for the CR1 visa can she still travel to the US on her B2?

We have received conflicting information/advice regarding this question. Everyone with whom I have spoken agrees that the pending application does not invalidate pre-existing visas. However, as others have mentioned, whether or not a person is allowed entry is at the discretion of the officer who admits her. USCIS doesn't want someone coming in with, as in your case, a 6-month visa and then sticking around for a year or so, when the process is completed. They may be more wary of those coming from certain countries, but I only have anecdotal information about that.

An attorney friend of mine advises not doing it because of the trauma and expense if entry is denied, and it may be something you'll have to explain later on in the process (which can be done, of course, but life is easier if you don't have to). Another friend, who went through this process a few years ago, says her husband came to visit twice without difficulty.

I asked an agent at the USCIS customer service this question. She indicated that the person entering on one visa while the application for another is pending should be prepared to prove that he/she does not intend to stay here until the application process is completed. Proof could include (but certainly not be limited to) a round trip ticket, evidence that he/she still has a job and home in the other country, that any children he or she has are enrolled in school there, etc. In your case, since the visa is a business visa, a letter from a business contact with specific dates for a meeting or conference would seem appropriate. The point is that if she is challenged, she should have some documentation that prove she still has strong ties to her home country and that she will not overstay her visa.

For us...we have decided it is just easier for me to go to Brazil than for my wife to risk any fuss if she comes here for a visit.

Edited September 8, 2009 by dkdunning

[newlyweds2010 208]

I don't have a B2 visa because I usually travel under the Visa Waiver Program. Now that our petition is pending, can I still travel as a tourist? We called USCIS and they said "no problem as long as I get back home for the interview". so simple?

Also, having traveled many times to the US in the past few years, I was thinking of applying for a B2 visa, but then again, will the US embassy give me a visa while our petition is pending? On the form to obtain the B2 visa it's expressely asked if someone ever filed an immigrant visa petition for me (and I'd say that the I129F form to obtain the K1 visa is exactly the case, although technically K1 is not an immigrant visa...). If I say yes, I think I can forget about the visa.

Anyone in the same situation?

Thanx in advance