Tourist Visa /CR-1 restrictions

[Sweet Papaya 0]

Good afternoon,

My Brazilian wife and I got married seven months ago in New York City, she currently lives in Brazil and I am in New York. We have begun compiling our I-130 packet to apply for the CR-1 Visa for her. In the meantime is there any threat to our process or legalities with her traveling to the US on a tourist visa to visit? Has anyone done this before or would be able to shed some light on the subject!?

Thank you for your time!

[srloring13 12]

It is my understanding she would be denied for a Tourist Visa since she is married to a U.S. Citizen. You should first file an I-130.

[Asia 2,499]

Applying for a tourist visa, visiting the US as a tourist is no threat to the CR-1 process.

A lot of people are visiting their SO while their petitions are being proceeded.

Edited February 4, 2013 by Asia

[NigeriaorBust 4,087]

She will need to show stronger proof of ties to her country and she should NEVER lie to immigration about her relationship to you. Now that you are married there will be an underlying assumption that she intends to enter and stay. She must present proof that is not what she will do.

[ndu26 114]

She will need to show stronger proof of ties to her country and she should NEVER lie to immigration about her relationship to you. Now that you are married there will be an underlying assumption that she intends to enter and stay. She must present proof that is not what she will do.

:thumbs:

[Sweet Papaya 0]

Thanks for all the great advice! I will do a follow up post as our experience unfolds!

[vegas12 12]

I would say its a waste of time. My wife is Brazilian she has been denied twice. I did tell her not to try cause I knew it would not work. Now since Tourist Visa are good for Ten years. It will cost here about 500R and that not including her time, hotel and travel to Rio.

[Sweet Papaya 0]

Vegas12, Are you saying she was denied a tourist visa or entry to the country?

My wife already has a tourist visa so thats not the problem in this case. My questions is dealing with her entering the US while we are preparing the I-130 packet and there after while we are waiting for the CR-1 to be processed on her tourist visa.

Any thoughts?

[vegas12 12]

Vegas12, Are you saying she was denied a tourist visa or entry to the country?

My wife already has a tourist visa so thats not the problem in this case. My questions is dealing with her entering the US while we are preparing the I-130 packet and there after while we are waiting for the CR-1 to be processed on her tourist visa.

Any thoughts?

I though she was applying for the Tourist Visa. Now that she has one there maybe a path you might want to look at to get her a green card. I would consulate a lawyer for this. The US government just made a new ruling here is the website. It allows your wife to stay in the US while you do the application but she may have to go into a illegal status to qualify. Since this is a new process you may get processed faster. The new process start in March 2013 and if you have not file your I-130 you could maybe do this form I-601A Its worth taking a look at of course I would do this with consulting a lawyer first. This would be a interesting case if it works for you.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dc9af51016bfb310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

This website below is a list of question about this new form I-601A

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b874875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

[pushbrk 13,683]

Good afternoon,

My Brazilian wife and I got married seven months ago in New York City, she currently lives in Brazil and I am in New York. We have begun compiling our I-130 packet to apply for the CR-1 Visa for her. In the meantime is there any threat to our process or legalities with her traveling to the US on a tourist visa to visit? Has anyone done this before or would be able to shed some light on the subject!?

Thank you for your time!

Some people aren't paying attention. Ignore those talking about having the tourist visa denied. Since you married in New York, obviously, she already has the visa. There are no specific restrictions on visiting during the process. However, a visa does not guarantee entry. If the CBP officer things she has immigrant intent, it is unlikely she will be granted entry. Best to keep answers short, truthful and generic. When asked the purpose of the visit, answer "holiday" or "vacation" instead of "to visit my husband." etc.

[speedwell 224]

I though she was applying for the Tourist Visa. Now that she has one there maybe a path you might want to look at to get her a green card. I would consulate a lawyer for this. The US government just made a new ruling here is the website. It allows your wife to stay in the US while you do the application but she may have to go into a illegal status to qualify. Since this is a new process you may get processed faster. The new process start in March 2013 and if you have not file your I-130 you could maybe do this form I-601A Its worth taking a look at of course I would do this with consulting a lawyer first. This would be a interesting case if it works for you.

Look, that is NOT what this process is for and it is a VERY BAD idea. From the official website:

Individuals who receive a provisional unlawful presence waiver must leave the United States to attend their immigrant visa interview with a DOS consular officer in order for the provisional waiver to take effect and for the individual to be granted an immigrant visa.

Edited February 8, 2013 by speedwell

[Ms Hogan 296]

Look, that is NOT what this process is for and it is a VERY BAD idea. From the official website:

Individuals who receive a provisional unlawful presence waiver must leave the United States to attend their immigrant visa interview with a DOS consular officer in order for the provisional waiver to take effect and for the individual to be granted an immigrant visa.

It's not just a bad idea, it's incorrect. This waiver program is for people who have previously overstayed (or other situations that would normally have them banned or not admissible I believe) and who would normally be looking at a ban. Instead, they can now apply for a waiver, but still have to leave to their home country while waiting for the visa. This options helps to reunite families faster by granting them permission to return to the States sooner than waiting for their ban to be up.

[pushbrk 13,683]

It's not just a bad idea, it's incorrect. This waiver program is for people who have previously overstayed (or other situations that would normally have them banned or not admissible I believe) and who would normally be looking at a ban. Instead, they can now apply for a waiver, but still have to leave to their home country while waiting for the visa. This options helps to reunite families faster by granting them permission to return to the States sooner than waiting for their ban to be up.

The new program is not to grant permission to return sooner but rather to get waiver approval before they leave. The waiver itself "waives" any remaining ban. You're right though, it is not applicable to the OP's circumstances in any way.