Travelling to the US during filing of IR-1/CR-1

[blindpandacub 0]

Hi everybody.

New here! My S/O and I are planning on getting married at the end of this year. I am wondering however, when he files the forms am I allowed to travel to the US whilst they are processing? I'm aware the process can be quite long and it's a lot more expensive for him to fly out to the UK (as well as him having less vacation time). I have enough airmiles to make a round trip to the US but they will expire at some point so I don't want to end up wasting them. And of course, I would quite like to see my S/O as well!

Thanks.

[Ryan H 3,797]

Yes you can travel; however, there is no guarantee you will be admitted by Customs and Border Protection (CBP). Have evidence of ties to your country in hand in case CBP asks to see them.

[NikLR 13,220]

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

this also applies to IR1/CR1 cases.

With VWP it's very easy for spouses to visit each other. I suggest bringing proof of their ties to their home country (leases, mortgage, proof of being in school full time, a letter from employer stating when they're due back, bills etc...) as well as being friendly, polite, truthful, and answering succinctly only the questions asked. (IE: what is the purpose of your visit? "visiting my spouse" no need to go into detail about doing the immigration process etc etc etc... nervous people babble.)

Best of luck and I hope you have a wonderful wedding and marriage!

[blindpandacub 0]

Thank you! Hahah, I read that link about people asking the question 5 times a day. Whoops!

[NikLR 13,220]

It's a very very common question... Almost as common as after approval everyone says "OMG I WAS APPROVED!!!11!!one11!!! WHAT DO I DO NOW!?!?!?" in which case, with my head in my hands, I ask, what were you doing for the last 8 months? I think the most common though is, "I just submitted a week ago, this wait is horrible, how long will it take?" The answer, as long as it takes.

Edited February 9, 2014 by NLR

[blindpandacub 0]

I'm prepared for it to take a while thankfully. I've been reading about the horrible backlog!

[NikLR 13,220]

I'm prepared for it to take a while thankfully. I've been reading about the horrible backlog!

there is at the moment. I'm hoping they eventually get it cleared as there are less federal holidays. But be prepared none-the-less.

It's almost funny because they had all the local offices working on the files last year and no one could tell what was happening. But the approval rates were so much faster than they are now (unless you were in the hole that is the Atlanta Field Office.) Now they have Nebraska, Texas, California and Missouri working on the files but yet, it's taking them 8-10 months. While it's better than the 3-5 years from 10 years ago, it's still ridiculous when fiance visas are approved in 8 months. Have you and your SO thought about going that route for speed? There is some obvious downsides, not being able to travel or work for about 3 months and the cost, but it really is so much faster at the moment.

[blindpandacub 0]

Have you and your SO thought about going that route for speed? There is some obvious downsides, not being able to travel or work for about 3 months and the cost, but it really is so much faster at the moment.

We looked at it. But the not being able to work thing really puts me off. It's going to be a difficult transition for me anyway (I'm very close with my mother) and not having something to do is likely to drive me crazy haha. I also feel like I should be contributing to the household upkeep straight away.

Obviously the waiting would suck but it has the added benefit of giving me more time to save money!

[B & G 200]

I just got back from visiting my husband in the US and this is my second trip since we have filed the I-130. I always carry with me proof of ties to Greece but so far I have not needed any of it.

Last POE was on Jan 24th at Washington Dulles. Officer asked me purpose of my visit, I said vacation. Then he proceeded to start to read his screen... for at least 5 mins!.. I dont know what was on there, but it seemed like alot. Finally he stamped my passport and I was off.

[NikLR 13,220]

I agree with that. I also wanted to be able to work and travel right away. My daughter declined to move with me, and lives with her father. I needed to be able to go back up instantly if she needed me. After a month of not working in the USA I was so bored!!! I went out and found a job asap!

Whenever I visited my husband I said "I am visiting my husband." Because that was what I was doing. It normally led to, where do you work? Where does he work? How did you meet? Okay have a nice trip. And only once had my passport stamped.

[blindpandacub 0]

Last time I visited my S/O I was asked where I work and when I'd visited the US before and for how long. I normally visit twice a year but for only 3 weeks because I'm on a zero hours contract. If I take time off I don't get paid so travelling is obviously double the expense. He seemed satisfied with where I work but I'll definitely get them to write me a letter and I can even bring a copy of my contract along. All of this is purely hypothetical anyway. I find the LAX officials to be kind of unforgiving, the first time I visited they asked me what I was doing and I said visiting my boyfriend and they asked me if I knew the number for the police!

[B & G 200]

On my trip in Sep 2013 my conversation with the officer revolved around why I was bringing towels as a gift to the US! I told him they were a wedding gift and my husband has more use for them than I did in Greeece.

He was more concerned in tellling me that they have good quality towels in the US!! Lol!

And in April 2013 I get to the desk, officer looks at me and says, do you have any fruits or vegetables with you? I said, I have nothing edible on me whatsoever. He stamped my passport and that was it!!

Sometimes CBP officers can be weird!

[Hollyday 122]

I'm thinking maybe it's time to make a sticky post on this topic where people can ask and exchange experiences on entering, etc.

[Dan from MI 23]

Yes it is allowed to travel to US while waiting for approval. However bring your evidences for reason to return home.

My wife is the proof that it works- she just got here 3 week ago and is approved for 5 months visit.

Our experience-

I arrived in Brazil and brought with me for the trip home- the entire paperwork that we filed to the USCIS and the print out from the airline of my wife's plane ticket including the date that she will return.

We left Brazil together and at the custom in the US- they asked if I was traveling alone and I said no, my wife is with me but she is not a US citizen and is in the non-US line. They asked me to take my wife out of that line because we are married and therefore are "family".

They asked her if she has a green card and we said no and that we are waiting for the spouse visa to be approved.

That got their attention and they asked if we know when it would be done. We said no and explained why and when it is roughly to be done according to the UCSIS website (which we know by now is unreliable)

They asked us to follow them to "the office". We were the only people from that flight pulled into the office. That did not make me feel good. They asked the same questions in the office and then asked when we met and when we got married and when we applied. I was glad I was there because my wife got confused with the man's questions because he was asking trick questions. Then he asked if my wife has a smart phone (yes) and then asked to take a look at it. He looked at the emails and text messages and asked who was so and so. He kept saying that 5 months is a long time to be without a job. Then asked the same questions over. I believe they did that to see if we will change our facts.

Finally he said that he believe that we are honest and he really liked our visa papers "very organized and easy to read and that he can see from the papers that we want to do the right thing" He even said that he was happy to see that we even have papers with us because he usually don't see people bring even one sheet of paper. Then he explain to her the danger of overstaying and lying and the bans that can happen.

I believe what really helped us make it possible for my wife to be in US

- our organized visa paperwork that he looked at very closely and the pictures attached to it.

- plane ticket which show the return date

- her cell phone which includes texts from people in Brazil and here that they are happy for us and praying and can't wait to see us

- my present to help clear up some confusion

- Most of all- that we were completely honest and it put them to ease

[Hotter Otter 1,211]

Last time I flew while my I-130 was pending I had a much easier entry then when I was just visiting the US as a tourist. I had a letter from my employer, a copy of our petition and the return flight itinerary ready just in case and when I told him I was visiting my wife all he asked was who was moving to where. The trip prior to that I had a man who grilled me for nearly 10 minutes and was very abrupt.

I think an awful lot of it is pot luck, the attitude of the CBP officer you get and how much time they have. Just be as relaxed as possible as nervousness and taking too long to answer questions does not come across well.