Visiting the US during the application process

[John Smith 23 0]

Hello everyone,

I've just joined the site as it was recommended to me by a friend who's been through the whole process: he said it was a lifeline for him, and I'm hoping it will be the same for me and my future wife.

So let me outline our situation as concisely as possible: I am British but live in France; she is American. We fell in love and left our spouses for each other. Both of us already have three children. So far this year I've been over twice to see her on a visitor's visa, staying 5-6 weeks each time. Next time I go, we will get married. (We've been waiting for my divorce to come through).

Our plan is then (based on recommendations made by my aforementioned friend) to apply for a spousal visa. So firstly, does everyone agree that that is the right thing to do?

My main question, however, concerns the documentation I will need to take with me to the airport when I try to visit her on a Visitors' Visa during the application process. I really really need to keep visiting her - for periods of 6-8 weeks - not only because I love her madly, but because she's pregnant with my child. I have to be there for the birth, and as often as I can afterwards. However, I also have to spend at least an equal amount of time in France, as my three children live here (aged 16, 14 and 13). So my intention is to divide my time between the two countries for the next five years, and then to live mostly in the States.

I know I need to provide proof that I will be returning to France whenever I visit the States, but what kind of proof exactly? Could people who have been through this give me some examples and offer any additional tips that they think might be useful?

And finally, is it a good idea to tell the Customs official that my wife is having my baby? Is that more likely to make them sympathise with my situation or to make them suspect that I won't go back to France?

Thank you in advance for any advice you can offer...

[JacAng 8]

Hello everyone,

I've just joined the site as it was recommended to me by a friend who's been through the whole process: he said it was a lifeline for him, and I'm hoping it will be the same for me and my future wife.

So let me outline our situation as concisely as possible: I am British but live in France; she is American. We fell in love and left our spouses for each other. Both of us already have three children. So far this year I've been over twice to see her on a visitor's visa, staying 5-6 weeks each time. Next time I go, we will get married. (We've been waiting for my divorce to come through).

Our plan is then (based on recommendations made by my aforementioned friend) to apply for a spousal visa. So firstly, does everyone agree that that is the right thing to do?

My main question, however, concerns the documentation I will need to take with me to the airport when I try to visit her on a Visitors' Visa during the application process. I really really need to keep visiting her - for periods of 6-8 weeks - not only because I love her madly, but because she's pregnant with my child. I have to be there for the birth, and as often as I can afterwards. However, I also have to spend at least an equal amount of time in France, as my three children live here (aged 16, 14 and 13). So my intention is to divide my time between the two countries for the next five years, and then to live mostly in the States.

I know I need to provide proof that I will be returning to France whenever I visit the States, but what kind of proof exactly? Could people who have been through this give me some examples and offer any additional tips that they think might be useful?

And finally, is it a good idea to tell the Customs official that my wife is having my baby? Is that more likely to make them sympathise with my situation or to make them suspect that I won't go back to France?

Thank you in advance for any advice you can offer...

Before I was married I didnt need anything but after they found out I was married they wouldnt let me in until I could prove ties to Canada. Then all they wanted was letter from employer and documents showing where I was at in the immigration process. I would have to call the border ahead of time and let them know when I wanted to come, the chief would approve me and then I would get paroled in. The process would take an 1 to 1 1/2 hours and I would have to pay 71 dollars US each time. Others did not have to do this and say my case was unique but I asked them about that and they just said thats the way it is so....it all depends. I dont think you will get sympathy by saying that your wife is pregnant...not saying they dont care but they like to follow the rules and they like you to be straight with them. You dont need to tell them everything but if your asked be honest.

[John Smith 23 0]

Thanks very much for your response, JacAng. I really hope it's that simple, but I could have sworn I read somewhere that it was advisable to take a whole stack of documents proving that you were going back to your home country. Could your case be simpler because you were coming from Canada?

And how does one go about calling the chief of border control? Each time I deal with someone in Customs, it's a random person in whichever airport my plane happens to stop so I can catch my connection.

Does anyone else have advice/experiences relating to this issue?

And one other thing: I'm pretty confused about the difference between the CR1 and K3 visas: it looks from Visa Journey's descriptions of them that the K3 would be more suitable for our situation because it's easier to get to the States during the application process. Is that true, or am I misunderstanding?

[Ryan H 3,813]

And one other thing: I'm pretty confused about the difference between the CR1 and K3 visas: it looks from Visa Journey's descriptions of them that the K3 would be more suitable for our situation because it's easier to get to the States during the application process. Is that true, or am I misunderstanding?

You are misunderstanding. A K3 visa does not mean the beneficiary will get to the States sooner; explanation below.

The K3 visa was created at a time when I-130 petitions were taking years to process. Things have changed since the creation of the K3. I-130 petitions are now processed in terms of months.

If you were to start down the K3 road, you would file an I-129F after you have filed the I-130. USCIS now ties the two petitions together by pulling the I-130 from its place in the queue and placing it with the I-129F that was just submitted. Both petitions are adjudicated at the same time and a decision is made at the same time. If both petitions are approved, they are sent to the NVC at the same time. If the NVC receives both petitions at the same time or if the I-130 is received first, the I-129F that was filed to start the K3 process is administratively closed leaving only the I-130 active.

[John Smith 23 0]

Sorry, I wasn't clear about what I meant. By 'easier to get to the States during the application process', I mean: to be able to visit my wife on a visitor's visa while the application process is ongoing. It says in the description of the CR1 that its main disadvantage is that 'Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.'

So does this mean that I most likely *will* be able to enter the US while a K3 visa is being processed?

[Ryan H 3,813]

So does this mean that I most likely *will* be able to enter the US while a K3 visa is being processed?

The visa type being pursued (K1, K3, or CR-1) makes no difference on whether or not you will "most likely" be able to enter the US while the process is pending.

In a nutshell, you are permitted to visit, however, CBP makes the determination on whether or not you will be granted entry.

Edited June 18, 2012 by Ryan H

[John Smith 23 0]

OK, thanks. That's clearer.

Has anyone else had to do this on a regular basis - visiting the US on a visitor's visa during the application process? I vaguely remember seeing a list in an article somewhere on this site (I think) of the various documents it was advisable to take with you to prove you were going to return. But I can't find that list or article now.

I don't actually have an employer, and my job (freelance translator/writer) is mobile, so apart from an employer's letter, what else would work as proof? And with all documents in French (rental agreement etc), would they need to be translated?

[JacAng 8]

Thanks very much for your response, JacAng. I really hope it's that simple, but I could have sworn I read somewhere that it was advisable to take a whole stack of documents proving that you were going back to your home country. Could your case be simpler because you were coming from Canada?

And how does one go about calling the chief of border control? Each time I deal with someone in Customs, it's a random person in whichever airport my plane happens to stop so I can catch my connection.

Does anyone else have advice/experiences relating to this issue?

And one other thing: I'm pretty confused about the difference between the CR1 and K3 visas: it looks from Visa Journey's descriptions of them that the K3 would be more suitable for our situation because it's easier to get to the States during the application process. Is that true, or am I misunderstanding?

Yes I was told the same thing about the documents, when you call the border just ask to speak to the chief they will forward the call.

[bsd058 296]

I called and spoke to CBP. They asked me about my ties. You should be able to prove the basic ties to a country. These can be proven with the following:

1) Rental Agreement in Home Country

2) Letter of Employment in Home Country on Company Letterhead and recent paystubs

3) Ticket/Way back to Home Country

4) Registration of Vehicle left in Home Country

5) Proof that you've applied for GC while out of country

These are the things they asked me to bring when I go through the border.

I'm thinking I should bring our paperwork (copies) too. Just in case. You never know what could happen.

Edited June 19, 2012 by bsd058