Travelling to the US while CR-1 is being processed

[cx_n_ova 1]

Hi,

I've contacted NVC the other day and seem like it might take 6 more months before the interview. Here's my timeline according to NVC:

• 60 days to check my AOS checklist
• 60 days to check my birth place (which they wrongly assumed)
• 60 days for IV package
• Interview

I am eligible for the visa waiver. So I think it might be a good idea to go to the US and stay there for 90 days while waiting and come back to my home country for the interview. I've research and see this in a US embassy website: http://barbados.usembassy.gov/spouses.html

Can I travel to the U.S. while my application for an immigrant visa is being processed?

If you intend to take up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or travel there visa free under the Visa Waiver Program while awaiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a short visit for business or pleasure at the end of which you will return to your permanent residence outside the U.S., you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the U.S. to which you intend to return at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon your overseas residence, it is certainly a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend to abandon your overseas residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you, for presentation to the U.S. Immigration Offier, evidence of your residence outside the U.S. If the Immigration Officer is not convinced that you are a bona fide short term visitor for pleasure, you will be denied entry into the United States regardless of whether you hold a tourist visa or not.

What does it mean by 'business or pleasure'? So I can't say that I'm visiting my husband at the immigration? What evidence of 'my residence outside the U.S' should be brought to the US for the immigration officer to see, if the questions arise? Was there any senario that the entry was denied by the immigration officer?

Thanks

[kb9 6]

Hi,

I've contacted NVC the other day and seem like it might take 6 more months before the interview. Here's my timeline according to NVC:

• 60 days to check my AOS checklist
• 60 days to check my birth place (which they wrongly assumed)
• 60 days for IV package
• Interview

I am eligible for the visa waiver. So I think it might be a good idea to go to the US and stay there for 90 days while waiting and come back to my home country for the interview. I've research and see this in a US embassy website: http://barbados.usembassy.gov/spouses.html

What does it mean by 'business or pleasure'? So I can't say that I'm visiting my husband at the immigration? What evidence of 'my residence outside the U.S' should be brought to the US for the immigration officer to see, if the questions arise? Was there any senario that the entry was denied by the immigration officer?

Thanks

While I did not personally do this, I did research the topic extensively because I contemplated visiting. Citizens of visa waiver countries are able to pull this off. If you are visitng your husband, that would be classified as "pleasure". Typically, proof of residence outside would include lease agreement showing where you live/or home ownership documents. Having a job outside and showing proof of that also helps. Basically, you need to prove that you have a reason to go back to your home country after your stay.

[cx_n_ova 1]

Thanks. I hope everything turns out fine. I'm preparing return ticket and maybe home ownership. I went there two years ago under visa waiver. I didn't need to show anything. But in this case I should better prepare for the worst.