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Mrs.Rugby

Visiting USA while waiting for interview

By Mrs.Rugby in IR-1 / CR-1 Spouse Visa Process & Procedures

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Mrs.Rugby Newbie

Mrs.Rugby   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

HI everyone, I'm just starting my application for the IR-1/CR-1 for my husband, but have been reading posts for about a year now! We are just about to put our I-130 in the mail, but we were starting to wonder about the holidays. Is the beneficiary allowed to visit the USA on a tourist visa, with the intention of going back to his home country after the holidays, while our IR-1 is pending? I'm sorry if that is a basic question but I have been confused by the information I have been getting and just want to make sure we are not jeapordizing our visa. Thanks!

Hollyday Rising Star

Hollyday   122

Posted
Filed: Citizen (pnd) Country: Russia
 Timeline
Posted

HI everyone, I'm just starting my application for the IR-1/CR-1 for my husband, but have been reading posts for about a year now! We are just about to put our I-130 in the mail, but we were starting to wonder about the holidays. Is the beneficiary allowed to visit the USA on a tourist visa, with the intention of going back to his home country after the holidays, while our IR-1 is pending? I'm sorry if that is a basic question but I have been confused by the information I have been getting and just want to make sure we are not jeapordizing our visa. Thanks!

Yes but: 1. the beneficiary has to show strong ties to his country, 2. if he doesn't have an active tourist visa before filing for immigrant visa it's unlikely he'd get it in process (because of the obvious immigrant intent).

I'm the beneficiary.

....................................................................................................................................................................

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Filing for a USC spouse visa (IR-1/CR-1) and not sure what comes next? Check out the VJ IR-1/CR-1 guide

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RandR2013 Contributor

RandR2013   1

Posted
Filed: IR-1/CR-1 Visa Country: Sri Lanka
 Timeline
Posted

HI everyone, I'm just starting my application for the IR-1/CR-1 for my husband, but have been reading posts for about a year now! We are just about to put our I-130 in the mail, but we were starting to wonder about the holidays. Is the beneficiary allowed to visit the USA on a tourist visa, with the intention of going back to his home country after the holidays, while our IR-1 is pending? I'm sorry if that is a basic question but I have been confused by the information I have been getting and just want to make sure we are not jeapordizing our visa. Thanks!

My spouse was issued a multiple entry visitor visa prior to our engagement. He has visited several times after our engagement and subsequent marriage (and, after the I-130 was filed). Each time he had evidence of a strong intent to go back after a visit. He has returned every time after a few weeks and has never had a problem at the POE (he has visited twice after the I-130 was filed. Obviously, he could have been denied entry at the POE.

12/27/2012 Married in Sri Lanka


USCIS

1/13/2013 Mail I-130

1/14/2013 NOA 1 Date - case at National Benefits Center

2/27/2013 - File transferred from NBC to my local field office in Santa Ana

5/23/2013 - File transferred from Santa Ana field office to the Los Angeles field office (not sure why)

5/31/2013 NOA 2 Date


Time for transfer from USCIS Field office to NVC = 73 days!!! (No idea why)


NVC (57 days; 42 business days)

8/12/2013 NVC Receives Case

8/26/2013 Case Number, INN, BIN Assigned (10 business days after receipt)

8/26/2013 DS 3032 (Choice of Agent) emailed by beneficiary

8/28/2013 Received emails with AOS Invoice and DS 3032

8/28/2013 AOS Fee invoiced online and paid.

8/29/2013 AOS Documents mailed via fed ex overnight

8/29/2013 AOS Fee shows as "Paid"

8/30/2013 AOS documents received by NVC

9/3/2013 NVC substitutes DS 261 for DS 3032

9/4/2013 Filed DS 261 online

9/6/2013 NVC accepts DS-261

9/11/2013 Received email with IV Fee invoice. No ability to pay online. (5 business days after DS-261)

9/12/2013 Pay invoice as soon as it is a possibility.

9/12/2013 Mail IV Package

9/13/2013 Fed Ex. confirms delivery of IV package to NVC

9/14/2013 IV Fee shows as "Paid" and DS 260 is available for completion.

9/14/2013 Submit DS 260

9/16/2013 NVC records receipt of IV Package

9/24/2013 - AOS Accepted (16 business days)

10/8/2013 - Case Complete (IV Package and DS 260 Accepted in 17 business days)

10/15/2013 - Interview Scheduled


11/21/2013 - Interview Date


dwheels76 Grand Master

dwheels76   5,486

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

HI everyone, I'm just starting my application for the IR-1/CR-1 for my husband, but have been reading posts for about a year now! We are just about to put our I-130 in the mail, but we were starting to wonder about the holidays. Is the beneficiary allowed to visit the USA on a tourist visa, with the intention of going back to his home country after the holidays, while our IR-1 is pending? I'm sorry if that is a basic question but I have been confused by the information I have been getting and just want to make sure we are not jeapordizing our visa. Thanks!

It really depends on his country. Most countries will not do it some will. But you can always try there;s no rule says you can't applky and it has no effect on your petition.

What country is he in?

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted (edited)

There is no law saying you cannot visit the US while you have a petition pending. However, obtaining a non-immigrant visa with a pending immigrant petition is nearly impossible, as he will have to convince the consular officers that he has every intention to return to his country. In other words, if the CO thinks he might want to visit, then change his mind and file for adjustment of status and never return (which is fully legal to do), he will not be issued a visa.

The only two ways foreign beneficiaries are usually able to visit is if they either:

1. Already hold a valid US visitor visa, or,

2. They are able to visit visa-free under the Visa Waiver Program.

He can travel under the VWP if he has no criminal record, no prior visa denial/overstay, and is a citizen of one of the countries listed in this link: https://help.cbp.gov/app/answers/detail/a_id/1550/session/L2F2LzEvdGltZS8xMzgzNjg5MDEzL3NpZC9MeWhlSUNFbA%3D%3D

Edited by jaycali
 
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