Tourist Visa While Under Active IR-1/CR-1 Spouse Petition

[sethp 1]

Hi guys,

 

My wife is a Brazilian national, and we are currently finishing up filling out her DS-260 and AoS after having our I-130 approved.

 

While we were waiting for the I-130 approval, I was authorized by my US job to work temporarily from Canada (where my wife could travel) for a few months so that we could live together.  During that time, we applied for and were granted (miraculously?) a B2 tourist visa.  We assume the standard 6-month entry would be close to the time we would need for the remainder of our processing, so we drove back across the border together with a trailer of our stuff.  I told the border guard up front that my wife had an active immigrant petition, but that we were just coming for a visit.  I naively assumed that since she had a valid travel document, there wouldn't be any issues.

 

A few hours of back-room questioning later, they approved her to enter only for 30 days (when her flight was originally planning to return to Brazil from Canada).  She has since returned to Brazil, and we are back to agonizingly waiting apart.

 

My questions are these:

1. They stapled a document (I-94?) into her passport stating the date she was to leave.  It was not removed when she left the country.  Can this be removed now?  There is also a stamp with the entry and "leave-by" dates underneath, but it seems that the paper might draw more attention than the stamp if she attempts re-entry.

2. How dangerous is it for her to attempt to come back again on the same tourist visa (10-year, multiple entry, left on time)?  Do we risk her being turned away, which I assume could then negatively affect her immigrant petition?  Will it help to wait a few weeks/months before she tries to re-enter?

 

I am hoping that if she flies back in (without my big mouth and pulling a trailer full of stuff!) she could potentially be granted the 6-month stay that we originally hoped for, but I don't want to put her through another interrogation, or in any way impugn the legitimacy of our primary case.

 

 

Thanks for your help, guys!  I would be very grateful for any thoughts you might have.

 

Seth

[EandH0904 1,184]

A tourist visa is for being a tourist in the US, not coming here to live. 

 

The wait is difficult for all of who have been separated from friends and family. 

 

A general guideline is to stay out of the US twice as long as you were here. As she has an active petition, and had the previous incident (which will be on her record even if you did take the paper out), next time she tries to enter she should have a shorter stay planned and take plenty of proof she will be returning to Brazil  (employment verification? Lease agreement etc?) And not unofficially living with you in the US before she has been approved to do so. 

 

Some of us get to see our spouses only a couple weeks a year....we all get through it. 

Edited March 31, 2018 by EandH0904

[Boiler 43,856]

It is up to 6 months.

 

How long since she left?

[EandH0904 1,184]

I just looked at your timeline....you should only have maybe 3-4 months left before your interview....you're almost there now!

[Ontarkie 13,980]

~~Moved to Tourist Visas, from CR1/IR1 P&P - the OP is asking about his wife's ability to visit again.~~

[geowrian 22,336]

Yes, she can try to enter again on the same visa. So long as she is honest, she should only face a denial of entry. This must be disclosed if asked anywhere, but won't impact the CR-1 visa process.

 

37 minutes ago, Sethpkennedy said:

I am hoping that if she flies back in (without my big mouth and pulling a trailer full of stuff!) she could potentially be granted the 6-month stay that we originally hoped for, but I don't want to put her through another interrogation, or in any way impugn the legitimacy of our primary case.

Nothing was wrong with your "big mouth". The hauling of a trailer alone was likely more than sufficient reason for CBP to question her intentions. She was lucky to be admitted at all IMO, but I'm glad she got the chance to visit. That said, I would not be hopeful of having success again, especially this late in the process, and she is probably "flagged" for inspection at this point anyway. It's probably best to just wait it out at this point.

[sethp 1]

19 minutes ago, EandH0904 said:

A general guideline is to stay out of the US twice as long as you were here. As she has an active petition, and had the previous incident (which will be on her record even if you did take the paper out), next time she tries to enter she should have a shorter stay planned and take plenty of proof she will be returning to Brazil  (employment verification? Lease agreement etc?)

Understood, thanks for the advice about waiting to come back and planning a short stay.  We just want to be able to spend as much time together as we legally can.

Unfortunately, she now has no strong tie to Brazil (though the visa issuing office didn't take exception to this), other than having previously left on time from the US on two occasions now, as instructed.

 

 

18 minutes ago, Boiler said:

It is up to 6 months.

How long since she left?

She left March 15, 2018.

 

16 minutes ago, EandH0904 said:

I just looked at your timeline....you should only have maybe 3-4 months left before your interview....you're almost there now!

Thanks for the encouragement!

 

11 minutes ago, Ontarkie said:

~~Moved to Tourist Visas, from CR1/IR1 P&P - the OP is asking about his wife's ability to visit again.~~

Thanks for the move-- apologies for wrong category!

[Boiler 43,856]

Best to give it a few months at least before she tries again.

[sethp 1]

2 minutes ago, geowrian said:

Yes, she can try to enter again on the same visa. So long as she is honest, she should only face a denial of entry. This must be disclosed if asked anywhere, but won't impact the CR-1 visa process.

 

Nothing was wrong with your "big mouth". The hauling of a trailer alone was likely more than sufficient reason for CBP to question her intentions. She was lucky to be admitted at all IMO, but I'm glad she got the chance to visit. That said, I would not be hopeful of having success again, especially this late in the process, and she is probably "flagged" for inspection at this point anyway. It's probably best to just wait it out at this point.

 

Thank you for the advice!  Though I would like to clarify-- why do you counsel not trying again if the denial wouldn't impact the CR-1 process, as you indicate?  I ask because I noticed that the DS-260 asks if the beneficiary has been denied entry before.  I assumed that it might be a negative weight in the consideration for approval.

[geowrian 22,336]

3 minutes ago, Sethpkennedy said:

Thank you for the advice!  Though I would like to clarify-- why do you counsel not trying again if the denial wouldn't impact the CR-1 process, as you indicate?  I ask because I noticed that the DS-260 asks if the beneficiary has been denied entry before.  I assumed that it might be a negative weight in the consideration for approval.

Just because of the high liklihood of not being approved IMO. Being turned around is not convenient at the least.

The CO may want to update the DS-260 with the denial and/or additional visit to the US, but otherwise it won't matter.

[sethp 1]

On 3/30/2018 at 9:56 PM, Boiler said:

Best to give it a few months at least before she tries again.

Thanks for the comment, Boiler.

 

On 3/30/2018 at 10:03 PM, geowrian said:

Just because of the high liklihood of not being approved IMO. Being turned around is not convenient at the least.

The CO may want to update the DS-260 with the denial and/or additional visit to the US, but otherwise it won't matter.

Understood, Thanks Geo.

---

 

Any comments about the legality of removing the stapled paper from her passport with the entry/required-exit dates?  It is the size of a passport page, and the part that is stapled has a perforation for removal.

[acidrain 325]

I was denied entry at the start of the process and flagged. It didn't affect my application but I was asked at the interview and had to declare it on the DS-260.

 

Generally when you have been given limited entry customs makes notes in their system. Her previous visits may get looked at by customs. As senior members have noted you are supposed to spend 2x the amount of time outside the US as inside. I followed this rule and was lucky I was not denied entry again.

 

She has credibility of leaving when she says she will. However, her lack of ties may be an issue. It's dicey whether customs will let her through. It would be tough to fly all the way from Brazil only to be told she has to go home.

 

I tried to prepare myself every time I traveled to the US  for another border denial. My connecting flight was only an hour and then I went through pre-clearance. I can't begin to explain how stressful this experience was. I was approved but I showed a binder of ties showing exactly what I had to come back to. My visits were just under 2 weeks.

 

Is it possible to visit? Yes. It's just as possible she will be denied. That would be a lot of money and a traumatic experience. As others said I'd wait a bit so it doesn't look like she is desperate to visit.

Edited April 2, 2018 by acidrain

[sethp 1]

On 4/1/2018 at 10:23 PM, acidrain said:

I was denied entry at the start....

Thanks for the detailed response Acid!  Very helpful!

[Jeremiahr615 0]

I have the same situation and am worried that my girlfriend will be denied entry to the U.S. using her tourist visa while her K1 visa is in processing...

[SusieQQQ 11,585]

3 hours ago, Jeremiahr615 said:

I have the same situation and am worried that my girlfriend will be denied entry to the U.S. using her tourist visa while her K1 visa is in processing...

It’s entirely possible, just as it’s entirely possible she’ll be allowed in. No one here can give you a guarantee one way or the other. Depends on how well she can convince the CBP officer she will return home after her visit.