Spending time together with R B1/B2 Visa while waiting

[nyc_shanghai 1]

Hi everyone, firstly we're grateful finding this community. We've used many resources on this site so far and figured it best to share and join in the forums. We only just submitted the I-129F last week and are waiting for the first NOA.

 

Hoping to ask a few questions that are particular to our situation in case others have had experiences with the same:

1. Can we continue to have her travel to NYC from Shanghai on her R Tourist visa? She's been to the US many times already and we would like to see more of each other in between this long process. Will travelling frequently between the approval process affect our chances in any negative way?

2. Her father is also from Shanghai and is in the process of waiting for his Green Card. He's married to a US Citizen. Could we possible leverage this fact at all, or even go about a more expeditious, alternative path?

 

Thank you all in advanced.

[mushroomspore 3,043]

Never heard of an "R B1/B2" but in general, visiting while you have a pending visa isn't TOO big of a deal. Ultimately though, her entry or denial is up to CBP. If she brings evidence of ties to her home country to present to CBP, it shouldn't be too much of an issue. However, it is their decision as she has immigrant intent. It is a risk you knowingly take by bringing her to the US before her visa's approved.

 

Your in-laws' situation have zero bearing on your situation. Not sure why you'd think it could be used as leverage or a channel for an alternative path.

[Just Paul 4,591]

Round trip ticket and ties back to China, like proof of  a job to return to are all good things to have.

[nyc_shanghai 1]

5 minutes ago, mushroomspore said:

Never heard of an "R B1/B2" but in general, visiting while you have a pending visa isn't TOO big of a deal. Ultimately though, her entry or denial is up to CBP. If she brings evidence of ties to her home country to present to CBP, it shouldn't be too much of an issue. However, it is their decision as she has immigrant intent. It is a risk you knowingly take by bringing her to the US before her visa's approved.

 

Your in-laws' situation have zero bearing on your situation. Not sure why you'd think it could be used as leverage or a channel for an alternative path.

The B1/B2 visa is simply a Tourism/Visitor visa, which she's had for years now. Well noted, about the risk-- she already has friends and family in the US and trips to the states are a normal activity for her. Hopefully this should be seen as normal.

In regards to her father, I just wanted to know if immediate family members being present also had some bearing.

[nyc_shanghai 1]

7 minutes ago, Paul & Mary said:

Round trip ticket and ties back to China, like proof of  a job to return to are all good things to have.

Do you mean for myself, the petitioner? If so, then great, because I was living in Shanghai as an expatriate and have returned to the same company. I did attach my flights and entry stamps in my supporting evidence so that's good to hear. Thank you!

[payxibka 10,044]

23 minutes ago, nyc_shanghai said:

Hi everyone, firstly we're grateful finding this community. We've used many resources on this site so far and figured it best to share and join in the forums. We only just submitted the I-129F last week and are waiting for the first NOA.

 

Hoping to ask a few questions that are particular to our situation in case others have had experiences with the same:

1. Can we continue to have her travel to NYC from Shanghai on her R Tourist visa? She's been to the US many times already and we would like to see more of each other in between this long process. Will travelling frequently between the approval process affect our chances in any negative way?

2. Her father is also from Shanghai and is in the process of waiting for his Green Card. He's married to a US Citizen. Could we possible leverage this fact at all, or even go about a more expeditious, alternative path?

 

Thank you all in advanced.

You certainly can leverage the process by waiting until her father is eligible to petition for her in a much longer visa eligibility process.  

[mushroomspore 3,043]

2 minutes ago, nyc_shanghai said:

The B1/B2 visa is simply a Tourism/Visitor visa, which she's had for years now. Well noted, about the risk-- she already has friends and family in the US and trips to the states are a normal activity for her. Hopefully this should be seen as normal.

In regards to her father, I just wanted to know if immediate family members being present also had some bearing.

Oh yes I know what B1/B2 is but I've never seen it designated with an "R" in front of it. I wasn't sure if that was perhaps a sub-category of B1/B2 or something else I'd never heard of it. I just Googled it and it looks like the "R" just means "regular". Apparently, people like diplomats and other government officials get a different designation for their B1/B2's. Anyways, yes, a lot of people do visit the US while they have other pending visas, so it can be done. It's just a matter of convincing CBP that the visit is just that - a temporary visit.

 

And no, immediate family members of intending immigrants do not matter unless they were all included in a petition by the same petitioner. Your case is your case. Your father-in-law's case is his case. There is no connection there.

[mushroomspore 3,043]

5 minutes ago, nyc_shanghai said:

Do you mean for myself, the petitioner? If so, then great, because I was living in Shanghai as an expatriate and have returned to the same company. I did attach my flights and entry stamps in my supporting evidence so that's good to hear. Thank you!

The ties to China need to be for HER. You are a US citizen, which means you are allowed to come and go as you please. She is the one who is NOT a citizen. Therefore SHE has to convince CBP she will not immigrate illegally by overstaying.

[nyc_shanghai 1]

1 minute ago, mushroomspore said:

Oh yes I know what B1/B2 is but I've never seen it designated with an "R" in front of it. I wasn't sure if that was perhaps a sub-category of B1/B2 or something else I'd never heard of it. I just Googled it and it looks like the "R" just means "regular". Apparently, people like diplomats and other government officials get a different designation for their B1/B2's. Anyways, yes, a lot of people do visit the US while they have other pending visas, so it can be done. It's just a matter of convincing CBP that the visit is just that - a temporary visit.

 

And no, immediate family members of intending immigrants do not matter unless they were all included in a petition by the same petitioner. Your case is your case. Your father-in-law's case is his case. There is no connection there.

OK thank you, well noted and makes sense. Thanks!

[nyc_shanghai 1]

1 minute ago, mushroomspore said:

The ties to China need to be for HER. You are a US citizen, which means you are allowed to come and go as you please. She is the one who is NOT a citizen. Therefore SHE has to convince CBP she will not immigrate illegally by overstaying.

I see what they mean then. In that case, we'll prepare things in advanced if it ever comes up.

[carmel34 3,531]

Make sure she is honest at POE about why she is visiting.  It has changed now that she has a fiance in the US, so she will need to be honest and say when asked the purpose of her visit, that she will be visiting her fiance.  If she is not completely honest at POE, sometimes the CBP officer discovers it and denies entry.  So follow the advice on the thread about ties to her home country, but she needs to tell the truth at the POE.  You don't want to risk a ban for misrepresentation.  It has happened to others in her same situation when they try to hide the true purpose of their visit, so don't risk it.  It's only a short visit to see her fiance.  Be upfront about it and hope for the best.  Entry to the US is not guaranteed for non-citizens, even when they have a valid visa.

Edited November 9, 2018 by carmel34
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[JFH 12,189]

If she has successfully visited before and plans to again then there should be no problem, assuming her travel history is good (no overstays, etc). However, entry is only ever guaranteed to USCs. Even people who have successfully visited 100 times before are not guaranteed entry. A B-2 visa just allows her to get on the plane and present herself for inspection at a border point. It does not guarantee entry. 

 

Begs the question why you haven’t got married on a visit and then started the CR-1 visa instead of doing a K-1? The K-1 isn’t always the best choice and for couples who can easily and regularly travel to see one another the CR-1 should always be considered. She would have a GC immediately upon arrival and would be able to enjoy all the benefits that being a GC holder brings immediately - being able to work, for example.  

[nyc_shanghai 1]

14 hours ago, carmel34 said:

Make sure she is honest at POE about why she is visiting.  It has changed now that she has a fiance in the US, so she will need to be honest and say when asked the purpose of her visit, that she will be visiting her fiance.  If she is not completely honest at POE, sometimes the CBP officer discovers it and denies entry.  So follow the advice on the thread about ties to her home country, but she needs to tell the truth at the POE.  You don't want to risk a ban for misrepresentation.  It has happened to others in her same situation when they try to hide the true purpose of their visit, so don't risk it.  It's only a short visit to see her fiance.  Be upfront about it and hope for the best.  Entry to the US is not guaranteed for non-citizens, even when they have a valid visa.

This is great advice thanks for reiterating this. For her next trip, I've asked my fiance to bring with her the case receipt number, a notarized note from myself stating our situation, and proof of her current employment in Shanghai to show she's ties back at home. Thank you for this, do you think having those things at POE would work fine?

Edited November 9, 2018 by nyc_shanghai

[nyc_shanghai 1]

7 hours ago, JFH said:

If she has successfully visited before and plans to again then there should be no problem, assuming her travel history is good (no overstays, etc). However, entry is only ever guaranteed to USCs. Even people who have successfully visited 100 times before are not guaranteed entry. A B-2 visa just allows her to get on the plane and present herself for inspection at a border point. It does not guarantee entry. 

 

Begs the question why you haven’t got married on a visit and then started the CR-1 visa instead of doing a K-1? The K-1 isn’t always the best choice and for couples who can easily and regularly travel to see one another the CR-1 should always be considered. She would have a GC immediately upon arrival and would be able to enjoy all the benefits that being a GC holder brings immediately - being able to work, for example.  

A bit hard to admit but we've been a bit naive to not look into the details of immigration while we've been together in Shanghai, thinking it's a simple case of just 'coming and getting married'. The CR-1 does look like a viable option since I am able to travel to China easily. But since we've already submitted for the K-1 would that have repercussions on our overall situation?

[AMSS 22]

 

It is better that you travel to Shanghai to avoid future inconveniences. Enter this web site so you can understand this situation.  https://help.cbp.gov/app/answers/detail/a_id/1247/~/travel-while-k-1-fiance%2Ffiancee-visa-pending