applying for CR-1/ can she still travle on her b1/b2?

[JohnMc 0]

Hello my and my Fiancee are not married yet but it looks like this would be the best option. I am a U.S. Citizen. My significant other is a Mexican Citizen. She currently travels to the U.S. to visit me on her b1/b2 visa for up to 6 month at a time. my question is while we would be waiting for the approval of the cr-1 could she she still come and visit on her b1/b2 tourist visa?

some background info;

I am US citizen born in California. When I was 12 my family moved to mexico were i have lived the past 14 years, I met my fiancee Lily who is a Mexican citizen 10 years ago and have been together ever since. She has had a b1/b2 tourist visa for about 9 years. we have a 6 year old daughter that was born in Arizona while we were on vacation. All medical bills were paid and we returned to mexico. We have been avoiding getting married because of all the legal hoops and what not.

after 12 years in mexico, 7 months ago i got a new job and I moved back to the U.S.. Lily comes and has extended visits as her visa allows for up to 6 months at a time.

[Harsh_77 718]

You cannot file for CR1 without being married.

You will have to be married before you file for CR1 now the question comes of can she travel on B1/2 technically yes.

Would she be allowed in US that is upto the officer at POE and your fiancée, she will have to convince the officer at POE that she has strong ties back home and she would return back home after the visit and would not be filing for adjustment of the status after gaining entry on B1/2.

If you are engaged, you can file for K1 which is fiancée visa and she can enter the country and then you have 90 days to get married and file for AOS.

[Jason777 0]

I'm interested in the answer to this too. My wife is in Moscow and we're waiting for our CR1 to process which will be months. So we're thinking of trying to get a B1 visa for her (very difficult for Moscow) while we wait. I hope we can get a good answer to this. I just tried emailing the embassy. I'll let you know if I get a good answer.

We're hoping that the fact that she's applying for a CR1 visa would be compelling enough reason for the Embassy to understand that she would come back to Russia for the medical exam and interview and we would not risk the CR1 visa. But the previous post before me suggests there is a way to adjust the B1 (which would mean that my wife would still be seen as a risk?)

Edited September 19, 2011 by Jason777

[Harsh_77 718]

I'm interested in the answer to this too. My wife is in Moscow and we're waiting for our CR1 to process which will be months. So we're thinking of trying to get a B1 visa for her (very difficult for Moscow) while we wait. I hope we can get a good answer to this. I just tried emailing the embassy. I'll let you know if I get a good answer.

If you search the forum you will find, this question is asked plenty of times and answer is same, technically and legally both you can apply for visa.

You are even allowed to travel but and here is the BIG but … entry is upto officer at POE. One has to convince the officer at POE that upon entry one would not try to do AOS and would return back home based on visa terms.

I myself had a B1 (business) during the CR1, but I was able to justify with documents from work and I was traveling for my job.

[JohnMc 0]

If you search the forum you will find, this question is asked plenty of times and answer is same, technically and legally both you can apply for visa.

You are even allowed to travel but and here is the BIG but … entry is upto officer at POE. One has to convince the officer at POE that upon entry one would not try to do AOS and would return back home based on visa terms.

I myself had a B1 (business) during the CR1, but I was able to justify with documents from work and I was traveling for my job.

She lives at a border town in mexico. she only has to the permit for travel further than 15 miles int the US once every 6 months and has been able to do so for the pass 9 years. Once she has the permit it is a multiple entry permit valid for 6 months. when crossing would she have to declare that she has a cr-1 pending or would this show up anywere on here visa?

[Navyk 78]

She lives at a border town in mexico. she only has to the permit for travel further than 15 miles int the US once every 6 months and has been able to do so for the pass 9 years. Once she has the permit it is a multiple entry permit valid for 6 months. when crossing would she have to declare that she has a cr-1 pending or would this show up anywere on here visa?

Once you file CR1, the position changes.

She will have to proove strong ties back to Mexico and convince the immigrant officers at POE.

[JohnMc 0]

it is a I-94 she gets once every 6 months

[Navyk 78]

it is a I-94 she gets once every 6 months

You can always try to enter after filing I-130 petition but you will have to let the immigration office know that there is a pending I-130 application at POE and also show strong ties back to Mexico and you may be fine. all the best.

[Harsh_77 718]

Whtever travel document she is using would show that she also has the CR1 in process.

Once that shows up it is upto officer, mainly she will have to show strong ties to home country, she would need strong reason why she would not stay in US and would return back to Mexico.

In most cases such entry is not allowed, but I have seen few cases on this forum whose spouse were allowed to enter during the process to visit.