Can my husband travel to the US before his interview?

[KrissyG 0]

So I just got the first NOA saying the CR1 visa I applied for my husband is receieved. It's November now and we are having a wedding ceremony in May 2013 for our whole family. After seeing what other people have gone through and their timelines on how long it takes to get an interview, it seems close. So my question is, can my husband travel to the US (just for the wedding reception for our families then he will return to New Zealand) before he gets an interview?

My other question is do I have to stay in the US while the CR-1 is being processed because I planned on going back to NZ next month and stay there until April. I can't seem to find any answers on the USCIS page or in any other forms. Any help would be appreciated!

[alex_dc4 5]

you don't need to stay in the USA during your CR-1 process you just need to maintain a domicile in USA also don't forget to file taxes and you want to make sure you will make enough to be able to sponsor your husband when the time comes to file affidavit of support after getting approved for your I-130, a lot of people decide to go live with their spouses in other countries while they are awaiting for the paper work process run into tax issue because they realize they did not make enough money and don't meet the required amount to be able to sponsor the suppose and if that happens to you will need to find a co-sponsor . now regarding your husband's visit he can apply for a tourist visa at the U.S embassy in his country to come and visit but it is really hard to get approved for it unless he shows that he has very strong ties to his home country and that he will return back to his country after his visit is over .one more last thing i would advise you .. DO NOT PLAN YOUR WEDDING UNLESS YOU HAVE VISA IN HAND .. you can not predict how long this process will take . good luck

[Dave&Roza 748]

So I just got the first NOA saying the CR1 visa I applied for my husband is receieved. It's November now and we are having a wedding ceremony in May 2013 for our whole family. After seeing what other people have gone through and their timelines on how long it takes to get an interview, it seems close. So my question is, can my husband travel to the US (just for the wedding reception for our families then he will return to New Zealand) before he gets an interview?

My other question is do I have to stay in the US while the CR-1 is being processed because I planned on going back to NZ next month and stay there until April. I can't seem to find any answers on the USCIS page or in any other forms. Any help would be appreciated!

Given that NZ is part of the VWP, he should have an easy time coming to the US and you should have an easy time going to NZ. He still may want to bring along copies of items showing he has ties to NZ and a copy of the NOA1 for the CR-1 visa might help too. Why would he stay in the US with a pending immigrate visa? Just make certain you do not miss any of the steps in the CR-1 process, check out the Guides at the top of this page, while visiting him in NZ and you both should be fine.

Good luck,

Dave

Edited November 7, 2012 by Dave&Roza

[pushbrk 14,250]

So I just got the first NOA saying the CR1 visa I applied for my husband is receieved. It's November now and we are having a wedding ceremony in May 2013 for our whole family. After seeing what other people have gone through and their timelines on how long it takes to get an interview, it seems close. So my question is, can my husband travel to the US (just for the wedding reception for our families then he will return to New Zealand) before he gets an interview?

My other question is do I have to stay in the US while the CR-1 is being processed because I planned on going back to NZ next month and stay there until April. I can't seem to find any answers on the USCIS page or in any other forms. Any help would be appreciated!

First, you did not apply for any visa. You filed a petition. When your petition is approved, your spouse will have the opportunity to apply for a visa. If your husband has not abused the Visa Waiver Program in the past, there's no reason he can't visit the USA during the process, provided he has evidence he intends to return to New Zealand after a short visit.

You have no travel restrictions but it would be good to maintain the same mailing address, and a way to have somebody get your mail, in case USCIS needs to contact you for an RFE or petition approval.

[KrissyG 0]

First, you did not apply for any visa. You filed a petition. When your petition is approved, your spouse will have the opportunity to apply for a visa. If your husband has not abused the Visa Waiver Program in the past, there's no reason he can't visit the USA during the process, provided he has evidence he intends to return to New Zealand after a short visit.

You have no travel restrictions but it would be good to maintain the same mailing address, and a way to have somebody get your mail, in case USCIS needs to contact you for an RFE or petition approval.

So after the petition is approved, they send my husband a packet to fill out and give him an interview date. He can come to the US before he gets the interview? He's been to the US once for three months to meet my parents. He can get a note from his boss saying he has to be back at work to prove he won't overstay. I just want to be sure because our wedding in May is planned and his family already bought flights to come for the wedding! Thanks for your help, I appreciate it!

[pushbrk 14,250]

So after the petition is approved, they send my husband a packet to fill out and give him an interview date. He can come to the US before he gets the interview? He's been to the US once for three months to meet my parents. He can get a note from his boss saying he has to be back at work to prove he won't overstay. I just want to be sure because our wedding in May is planned and his family already bought flights to come for the wedding! Thanks for your help, I appreciate it!

The rest of the process after petition approval is far more complicated than that. You're asking this question far too late. There's never any guarantee of entry to the USA or any country, but if handled correctly, he should be able to visit.

[jaycali 415]

So I just got the first NOA saying the CR1 visa I applied for my husband is receieved. It's November now and we are having a wedding ceremony in May 2013 for our whole family. After seeing what other people have gone through and their timelines on how long it takes to get an interview, it seems close. So my question is, can my husband travel to the US (just for the wedding reception for our families then he will return to New Zealand) before he gets an interview?My other question is do I have to stay in the US while the CR-1 is being processed because I planned on going back to NZ next month and stay there until April. I can't seem to find any answers on the USCIS page or in any other forms. Any help would be appreciated!

You can go to NZ while the process is ongoing, there is no requirement that you stay in the US. For all the USCIS cares you can go on a round the world tour.

He can visit the US while the process is ongoing using the VWP, just like last time. He may or may not be asked additional questions at the airport - If they do not believe that he intends to return to NZ he can be denied entry. It's always advisable to bring some sort of evidence to show the intent is to return home. Employer letter, lease contracts etc. Just in case.

I visited the US for 2 months, while waiting for my interview. I didn't experience any problems at the POE, the CBP just asked if I intended to return for the interview, and to see my return ticket.

[KrissyG 0]

You can go to NZ while the process is ongoing, there is no requirement that you stay in the US. For all the USCIS cares you can go on a round the world tour.

He can visit the US while the process is ongoing using the VWP, just like last time. He may or may not be asked additional questions at the airport - If they do not believe that he intends to return to NZ he can be denied entry. It's always advisable to bring some sort of evidence to show the intent is to return home. Employer letter, lease contracts etc. Just in case.

I visited the US for 2 months, while waiting for my interview. I didn't experience any problems at the POE, the CBP just asked if I intended to return for the interview, and to see my return ticket.

Thanks JayJay, it's nice to hear a similar story of someone who went through the process and was able to come here. How did you know you could come to the US during the process? I couldn't find anything on the USCIS page.

I know no one is guaranteed access into the states, I just want the best chance for my husband to get in so our families can meet and celebrate our marriage!

Thanks to everyone who replied!

[jaycali 415]

You won't find anything on the USCIS website about it because there aren't any laws against it.

The VWP is for tourism and/or business proposes. Being married to an American is not a crime, nor does it make you any less of a tourist.

US immigration laws aren't meant to keep people from visiting. They're meant to keep out criminals and likely violators.