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lynndy38

Can I visit my husband during CR1 process?

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Hi guys,

Well my wedding is 4 weeks away :dance:

I will get to spend the grand total of 3 days with my husband once we are married. He has to return after only a week in the UK due to work commitments.

As soon as he returns he'll be applying for the CR1 to get me over there,we understand the process could take up to a year.

Is there anyway I can still enter the US for a visit during that time?

I'd originally told my fiance there was no way would I even try as I have been made to feel like ####### on my past 4 trips over and I find the whole ordeal a nightmare,but the thought of not seeing him for a year kills us both so I must at least look into it.....POE is RDU and the immigration officers there are rude and nasty in my experiance. I have never overstayed,and am a law abding citizen no matter what country Im in.I always take evidence of my ties to the UK. The supivisor on my last trip told me they didnt have time for 'niceness'after one particular officer had me in tears. I'm terrified of flying and it takes 40mgs of Valium to get me on the flight as it is,so the thought of being turned away onto another flight terrifies me.

If you all seem to be saying it will be difficult I'll have to just wait it out,and after 4 years of transatlantic flights and many months of having to be apart I guess I can make another year.

Thanks for your input its really appreciated :thumbs:


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Yes you can visit, nothing says you cannot. However entrance and duration of stay are never a guarentee and the bar might be set higher for you once they learn you are married

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Hi there,

I have never seen such limitations for ESTA.

Therefore I can't see why you can't go and visit him. Just stay in the limitations of your allowance and also only answer questions that they ask you, to keep things basic.

BTW the the folks at IAH - Houston - aren't very polite as well, so don't feel alone on that one!

Edited by Keeto

IR1/CR1 Visa: - DCF at London Embassy:

20/02/2011 Engaged in London.
06/07/2011 Notification of marriage received from council.
02/09/2011 Happily married!
25/01/2012 I-130 Posted to London USCIS
31/01/2012 I-130 Sent back - fees have changed to $420 - updated the VJ DCF Wiki with the correct link.
Never received NOA 1
09/05/2012 NOA2 (127 Days)
15/05/2012 DS-230 posted
15/06/2012 Packet 3 received
15/06/2012 Medical booked
22/06/2012 Medical done
11/07/2012 Packet 3 sent
28/07/2012 Packet 4 received - interview 02/08/2012
02/08/2012 Verbal "RFE" at embassy
16/08/2012 CR-1 visa in hand
14/11/2012 POE Forth Worth/Dallas Texas - No harassment or questions.

Removal of Conditions:

22/07/2014 Started researching

05/08/2014 Received notice from USCIS (sent to wrong address, so much for keeping your address updated via their website...)

21/08/2014 Posting I-751 to VSC

30/08/2014 Cheque cashed

06/09/2014 NOA (I-797) received

24/09/2014 Biometrics appointment

17/02/2015 RFE dated 12/02/2015

19/05/2015 Letter received for new greencard dated 12/05/2015

22/05/2015 New greencard in hand

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Techically You can....Practically, its Tough to get a Visa on these kind of situation. ( just married and Initiating for I-130 Petition)

but it is totally legal to apply for the visa...so, it does not hurt on trying.....

its not easy to be on such situation... :(:(:( ...I was almost in the same situation.....

good luck...


[b][color="#FF0000"]USCIS Journey[/color][/b]
06/25/2011 - Married @ native country
Mid of August: Filled N400
Mid Of October : Filled I -130 ( LPR F2A)
10/17/2011 : NOA1
12/08/2011 : Oath Ceremoney for N400, Boston @ 12:00 pm
12/08/2011 : [b]Called VSC to Upgrade the Case [color="#FF0000"]( LPR F2A to CR-1)[/color] @ 3pm[/b]
12/12/2011 : Email Confirmation of Upgrade
[color="#008000"][b]04/14/2012 : NOA2[/color][/b]([i]Can't Express how happy I was and relieved from A Long WAITING GAME.....but everyone has to go through it......)[/i]

[color="#FF0000"][b]NVC Journey[/b][/color]

04/24/2012---Case number and IIN received, Email address Provided of both petitionner and benificiary
04/24/2012---DS 3032 emailed to NVC
04/26/2012---AOS fee bill paid
04/27/2012---AOS fee bill shows " PAID"
04/30/2012---AOS package sent
05/02/2012---DS 3032 accepted
05/02/2012---IV fee bill invoiced
05/04/2012---IV fee bill shows " PAID"
05/04/2012---IV package sent
05/11/2012---AOS Reviewed and Accepted
05/14/2012---IV package Reviewed and Accepted

[b][color="#2E8B57"]05/15/2012--------Case Complete[/color][/b] [color="#FF00FF"] [[i]([s]Wow....!!!!!! Wait....Ouch...Did i miss "Interview Scheduling" process for this month by day or 2 days??[/s]?)[/color][/i]

06/06/2012-----[b]Interview Date Assigned[/b]

[b][color="#FF0000"]Medical / Consulate / POE[/color][/b]
06/08/2012-----Medical Exam
06/15/2012-----Case Forwarded to Embassy
06/24/2012-----1st Marriage Anniversary
07/10/2012-----Interview date: [b][color="#00BFFF"]APPROVED[/color][/b]
07/17/2012-----[i][b][color="#2E8B57"]Boston,MA [/color][/b][/i]

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Techically You can....Practically, its Tough to get a Visa on these kind of situation. ( just married and Initiating for I-130 Petition)

but it is totally legal to apply for the visa...so, it does not hurt on trying.....

its not easy to be on such situation... :(:(:( ...I was almost in the same situation.....

good luck...

She doesn't need to apply for a tourist visa as OP is from UK.

Sorry to hear you have had bad experiences. As the previous poster said, entry is not guaranteed, but you can still try because of your VWP benefit. I think your husband vising you in UK is better though in your situation. USC is completely free to travel at any time of visa process. Can he do that?

But geez POE officers were that nasty?? Unbelievable. I always use LAX, and maybe I was just lucky, but they are always nice to me.... I mean some people look irritated and unfriendly, but they've never been rude...


Married May 2011

10/07/2011: NOA1

12/15/2011: NOA2

01/12/2012: NVC case number arrived

01/13/2012: DS-3032 emailed

01/27/2012: Barcode arrived via e-mail

03/06/2012: I-864&DS-230 sent together

03/13/2012: RFE

04/16/2012: Additional documents sent

05/02/2012: NVC case complete

05/14/2012: Medical

06/04/2012: Interview--->approved

06/05/2012: Visa arrived in mail

LAX POE Review

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Thankyou so much for the replies guys,

It seems it would be a fly and see then?

I just don't think I can cope with the immigration guys at RDU,I know its their job to suspect every traveller wants to stay in the US forever but the anxiety of facing them coupled with my fear of flying may be too much.

Would it help if my fiance got his local Congressman involved or we hired an immigration attourney?

Or is it always down to the guys at your POE?

What a cruel system this is,but thats the price of falling in love with a foreigner I guess :blush:


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Awww, big hugs to you. ((((Lynndy))))

I totally know where you're coming from with RDU. It is one of the worst run airports I have ever had the misfortune to fly in and out of. Are you making sure you are bringing lots of ties to the UK? I would bring a copy of the NOA, also, once it's received, to prove that you are abiding by the rules.

I wonder if you could fly into another airport.... NC appears to have four international airports:

Charlotte/Douglas

Greensboro-Piedmont Triad

RDU

Wilmington

Failing that, you could always fly out of a pre-clearance airport in Dublin or Shannon, Ireland. That way you get the Customs & Immigration experience behind you and you can relax a little during the flight.

Oh, and to answer your question.... a Member of Congress or an Attorney will never be able to influence an entry at the POE. The CBP Officers always have the final say.


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Hi,

I know where you are coming from and I can tell you first hand information since I have visited my wife more than twice within the last six months while having a pending I-130 application.

I actually wrote to CBP office directly and asked the question and this was their answer:

"You can travel under the Visa Waiver program while an I-130 is pending. Admission is always at the discretion of the port of entry, but you could bring copies of your petition, evidence of residency and employment in the UK and any other relevant documents to help facilitate your entry."

When I got this reply my ESTA had actually expired but I applied for it while I-130 pending and got approved. I was prepared for questions and I declared my purpose of visit is to see my wife. Every time I go it's not smooth sailing as they will grill you with questions..... one time it was almost 45 minutes of questioning my intention of visiting. I was blunt and honest and it worked out well in the end. Because they keep the history of all conversation I have had with them in the past and they can see my I-130 application it becomes easier after the first time. I did take a lot of supporting documents but they did ask but they never wanted to see them.

If you ask me, its a 95% chance you will be fine, just be honest and be prepared for questions, you may be lucky they may not ask too many questions after all.

Either way goodluck and congratulations on your wedding :)

R

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But geez POE officers were that nasty?? Unbelievable. I always use LAX, and maybe I was just lucky, but they are always nice to me.... I mean some people look irritated and unfriendly, but they've never been rude...

Out of the 3 times I have been through IAH with VWP/ESTA and a B1/B2 I only had one POE officer that was at least polite, lots of questions, which is fine, but at least polite.

The other 2 were really nasty and I had the urge to ask one of them if she got out of bed on the wrong side this morning and if she did, not to take it out on us because she was being nasty and loud with everyone.....sheeesh.

The last time we went, for some reason, all the people we dealt with, officer at the queue, the gate and the custom officers could not understand that we were not married....I mean really? Is that a concern for them if we were not married yet, guess it's a Texan thing....living in sin....God forbid :innocent:

The custom officers should have been more concerned about the stuff in our luggage! Best of all, we were there for a funeral and by the end of this dilemma my USC wife - then girlfriend - was in tears! Freekin asswipes....


IR1/CR1 Visa: - DCF at London Embassy:

20/02/2011 Engaged in London.
06/07/2011 Notification of marriage received from council.
02/09/2011 Happily married!
25/01/2012 I-130 Posted to London USCIS
31/01/2012 I-130 Sent back - fees have changed to $420 - updated the VJ DCF Wiki with the correct link.
Never received NOA 1
09/05/2012 NOA2 (127 Days)
15/05/2012 DS-230 posted
15/06/2012 Packet 3 received
15/06/2012 Medical booked
22/06/2012 Medical done
11/07/2012 Packet 3 sent
28/07/2012 Packet 4 received - interview 02/08/2012
02/08/2012 Verbal "RFE" at embassy
16/08/2012 CR-1 visa in hand
14/11/2012 POE Forth Worth/Dallas Texas - No harassment or questions.

Removal of Conditions:

22/07/2014 Started researching

05/08/2014 Received notice from USCIS (sent to wrong address, so much for keeping your address updated via their website...)

21/08/2014 Posting I-751 to VSC

30/08/2014 Cheque cashed

06/09/2014 NOA (I-797) received

24/09/2014 Biometrics appointment

17/02/2015 RFE dated 12/02/2015

19/05/2015 Letter received for new greencard dated 12/05/2015

22/05/2015 New greencard in hand

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Hi,

I know where you are coming from and I can tell you first hand information since I have visited my wife more than twice within the last six months while having a pending I-130 application.

I actually wrote to CBP office directly and asked the question and this was their answer:

"You can travel under the Visa Waiver program while an I-130 is pending. Admission is always at the discretion of the port of entry, but you could bring copies of your petition, evidence of residency and employment in the UK and any other relevant documents to help facilitate your entry."

When I got this reply my ESTA had actually expired but I applied for it while I-130 pending and got approved. I was prepared for questions and I declared my purpose of visit is to see my wife. Every time I go it's not smooth sailing as they will grill you with questions..... one time it was almost 45 minutes of questioning my intention of visiting. I was blunt and honest and it worked out well in the end. Because they keep the history of all conversation I have had with them in the past and they can see my I-130 application it becomes easier after the first time. I did take a lot of supporting documents but they did ask but they never wanted to see them.

If you ask me, its a 95% chance you will be fine, just be honest and be prepared for questions, you may be lucky they may not ask too many questions after all.

Either way goodluck and congratulations on your wedding :)

R

OP,

1st-- congrats on the wedding! yay!

We are kinda in the same situation, I am the USC and my husband is from England. WE got married here though in the US and he had to leave just 3 or 4 days later. I then sent the I-130 petition and planned to go visit him in the UK a few times since it would be easier customs/border patrol wise for me to go there than for him to come here. I went for 10 days in Feb but then I ended up getting pneumonia a few weeks later and burned up almost ALL my sick and vacation time at work and I def cant afford to miss that much work for go back so he came here just yesterday.

I read tons of stories of people getting in and not getting in while having a petition/visa pending... I was a nervous wreck the whole time he flew especially since he lives with his parents currently so doesn't have evidence of a lease agreement or mortgage or anything like that.. he also just finished school (school was always a tie to England, ya know, a reason to go back... but now hes done so he didnt have that as a reason anymore) and he isn't working because as I said he JUST finished school and he hasnt begun looking for a job there yet (and might now since he will have to quit in like 3 or 3 months anyway to move here. lol) but anyway yea... all he had to prove he was coming home was a copy of his itinerary showing his return flight in 2 weeks, a copy of our NOA1 proving that we are in the visa process and are doing it the "right way" and wouldn't want to ruin that by overstaying or causing any delays, and the only other thing he had was his passport history where he came and left numerous times in the alst 2 years and always stayed only as long as he told them he was staying.

I was really nervous because so many other people bring lease agreements, car information, job/employment letters, etc. But we didn't have that option.

His POE was at JFK in NYC and this particular officer didn't give him any trouble at all. And he didn't need to give any evidence, he just stated that he had a return flight in two weeks... they didnt even ask him for proof (which he did have just in case).

As everyone says, sometimes it's kind of luck... its USUALLY fine for you to come here, but definitely be prepared to show ties home and have a return flight booked.

Also, like someone else stated, can you possibly go to a different internation airport in your spouses state? If they POE at the airport you usually use is that bad then maybe try your luck somewhere else...

You can check out peoples reviews of POE on here and maybe that would help your situation more?

Good Luck!!


Met Through Mutual Friends: Early March 2009

Began dating: June 24th, 2010

Met in Manchester, England: October 20, 2010 to Oct 25, 2010

"Officially" became a couple: November 25, 2010

New Years together in England: Dec 26, 2010 to Jan 2, 2011

Visit to meet my family: February 19, 2011 to February 26, 2011

Visit to spend Easter/Spring Break together: April 16, 2011 to April 30, 2011

Spent the summer together in New York: June 23, 2011 to August 1, 2011

Came to visit just after my birthday: October 13, 2011 to October 23, 2011

Officially Announced Our Engagement: November 30, 2011

Trip to NY for New Years: December 27, 2011 to January 9, 2012

Wedding Day: January 4th, 2012

Trip to England & Italy for Valentine's Day: February 10, 2012 to February 20, 2012

Visit to NY for our 2 year dating anniversary: June 20th, 2012 to July 4th, 2012

Timeline

USCIS

01/08/2012: I-130 Sent from NY

01/11/2012: USPS Delivery Confirmation

01/12/2012: NOA1 E-mail & Text

XX/XX/2012: NOA2 E-mail & Text(STILL waitinggg... Ahhh!)

NVC

XX/XX/2012: NVC received

XX/XX/2012: Case number/IIN

XX/XX/2012: DS-3032 sent

XX/XX/2012: DS-3032 accepted

XX/XX/2012: AOS Bill PAID

XX/XX/2012: AOS Package sent

XX/XX/2012: IV Bill PAID

XX/XX/2012: IV Package sent

XX/XX/2012: Case complete at NVC

XX/XX/2012: Interview scheduled (Interview Date: XX/XX/2012)

US Embassy London

XX/XX/2012: Embassy received

XX/XX/2012: Medical

XX/XX/2012: Interview

XX/XX/2012: Visa

XX/XX/2012: POE Boston

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You guys are awesome, :thumbs:

Thankyou again for you advice,suggestions and support.

Hearing a little of your stories helps alot too,this process can feel very personnal when stuck in the middle of it,constantly having to prove youre a genuine and law abiding citizen,who has happened to fall in love with a person that lives in the USA and not some schemer trying to get into the country.

I LOVE England,all my family and friends are here,not to mention my son who wishes to remain here with his father which KILLS me.So it infuriates me when questioned about my sincerity. Again I understand why they have to protect the borders and I guess its hard to find the people that are just looking for a way into America.

Its just bloody unfair to those of us that have to jump through hoops.

I'm interested in hearing about flying first to Ireland,how does this work? How come you get through the POE easily in the US afterwards?


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