CR-1 travelling to US while sponsoring spouse is temporarily outside the US

[kiwi1004 0]

Hi all,

This is my first time posting on this forum, I would love some advice!

I hold a CR-1 visa, I currrently live with my wife (who is a US citizen) in New Zealand. We are planning on re-locating together to the US in late June. However, I have been asked by a potential employer in the US to attend a 4 day meeting prior to this date. Due to work commitments my wife cannot accompany me to the meeting.

This will be my first time landing in the US since I had the visa issued. Should I expect any problems? My case officer said that I should be OK but could not say for sure.

My intention is to return to New Zealand after my short trip for the meeting, and then return permanently with my wife at the end of June.

You advice would be much appreciated!!

[Penguin_ie 5,994]

Yes, you may have problems as once you have the CR-1 visa in your passport, you must activate it next time you enter the USA, and the petitioner- your wife- is supposed to travel before or with you. However, due to the timer scale- the meeting being less than a month before you come here permanently- you may be ok, I would bring proof you are coming over for good soon, together (plane tickets for the June trip, lease/ deeds of home in the USA, proof you are shipping your worldly goods etc).

[kiwi1004 0]

Thanks mate, is there any way that I could find out for sure? Who should I be contacting because my case officer could not give me a definitive answer - mentioned that it would be entirely up to the officer at PoE

[Penguin_ie 5,994]

With case officer I assume you mean the consular officer? He is correct, it is up to the CBP officer at your first US airport. No-one else, not even a lawyer or a consular officer, can tell you for sure. Hopefully, some more people will comment with their opinions, but ultimately, it is up to you to take the chance.

[Done--Really 331]

The CBP web site has a link to their help line. I have used it a couple of times on tricky questions and they always got back to me quickly and I used their email response once to help my wife get in through JFK even though the agents and supervisor were dubious. In this particular case, she has a B1/B2 visa in an expired Mexican passport and was traveling on a good Costa Rica passport. Without the affirmative answer from the CBP help line in her hands, they were ready to reject her because the visa was in a passport form a different country, and even with the email, it took the better part of an hour with several different agents and a couple of supervisors to let her in.

She now has a good Mexican and Cost Rica passport to avoid that hassle again.