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MOSTLYLOST

Tourist Visa while waiting for approval CR1

By MOSTLYLOST in IR-1 / CR-1 Spouse Visa Process & Procedures

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MOSTLYLOST Apprentice

MOSTLYLOST   7

Posted
Filed: Other Country: Mexico
 Timeline
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Hello. I am a US born citizen. My wife is a Mexican citizen. We have been married for 1 year. The wedding was in the USA.  I want to send the I-130 petition and the CR1 visa application for her at the same time. Can my wife enter the USA on her tourist visa while we are waiting for the petition? She would have 6 months available on her I94 when she enters. Also could she depart and return to the USA while the application is in progress? 

bunkx Explorer

bunkx   25

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

My guess would be no. Applying for a CR-1 visa is strong immigration intent, she will not be let in under a non-immigrant visa. Also the 6 months on the I-94 is never guaranteed, that's up to the border agent.

N-400 Application for Naturalization

Day    00 - 08/31/20 - Submitted online N-400 application. ROC still pending. Requested combo interview.

Day    01 - 09/01/20 - NOA received online. Status says biometrics appt letter will be sent. (PD 08/31/20)

Day  141 - 01/20/21 - Biometrics reuse letter

Day  233 - 04/22/21 - ROC approved, no news on N-400

Day  288 - 06/18/21 - Interview scheduled

Day  332 - 07/30/21 - Successful interview. No decision yet.

Day 758  - 09/28/22 - Oath ceremony will be scheduled

Day 870 - 01/18/23 - Oath ceremony complete

 

ConOfficer Explorer

ConOfficer   167

Posted
Filed: Country:
Timeline
Posted

She can absolutely continue to use her tourist visa and come and go as a regular visitor. Though she would need to be admitted by a CBP officer like anyone else. Possible CBP will not admit her if they think she intends to remain indefinitely. That you already paid the I-130 fee is pretty good evidence she intends to go back to Juarez for consular processing, I think.  

KierenHby Experienced

KierenHby   900

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

180 days never guaranteed; could be given shorter duration next time. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Leafsfan Contributor

Leafsfan   54

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

I made many trips by car on a B-2 to visit my wife while our CR1 paperwork was in process. Be honest with the border guards. I used to bring proof of domicile in Canada (pay stubs, utility bills, work ID and contract, mortgage statements, etc) with me in the case of my intentions coming into question. They never asked, but it's best to play it safe.

MOSTLYLOST Apprentice

MOSTLYLOST   7

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted

Thanks for all the kind replies

 

Because we have houses in both countries we come and go a lot both by car and plane. 

 

Can she finish the process ie: the interview biometric in the USA  while legally visiting on her I94. Or will she have to finish that process in Mexico?

 

 Also will she be required to undergo the medical exam? I do not see a doctor listed in Mexico.

 
 0
KierenHby Experienced

KierenHby   900

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
17 minutes ago, MOSTLYLOST said:

Can she finish the process ie: the interview biometric in the USA  while legally visiting on her I94. Or will she have to finish that process in Mexico?

No. 

Her biometrics and medical must be done in Mexico where she'll be interviewed. Those facilities fall within the jurisdiction of the local US embassy. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

MOSTLYLOST Apprentice

MOSTLYLOST   7

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted

I believe we have to be married 1 year for me to petition for her visa. Should I wait for that date to mail the I-130?  Or is it 1 of marriage before the Visa will be granted? ie Can I send the I-130 a month or so before the  first anniversary?

KierenHby Experienced

KierenHby   900

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

Can mail the i130 package as fast as you can make a copy of the marriage certificate. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

MOSTLYLOST Apprentice

MOSTLYLOST   7

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted

So I will mail right away the I-130. Makes sense

 

Next question ... would it be better to mail the I-130, I-485 and I-864 all in the same package?  I see some different information on the USCIS website. Is there any experience here on the webboard in sendigl all at the same time?

Ryan H Grand Master

Ryan H   3,925

Posted
Filed: Citizen (pnd) Country: China
 Timeline
Posted
Just now, MOSTLYLOST said:

So I will mail right away the I-130. Makes sense

 

Next question ... would it be better to mail the I-130, I-485 and I-864 all in the same package?  I see some different information on the USCIS website. Is there any experience here on the webboard in sendigl all at the same time?

 

No

 

I-130 and accompany forms documents are all that need to be sent.

 

I-485 is a form you will never use.

 

I-864 comes later in the process.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

 

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