Visiting Visa While IR1-CR1 Is Pending

[laucs72 3]

Thanks Louise81 for your reply.

Hope things go that well for me too.

Best,

I traveled into the US with my husband in November and it was totally fine (he was traveling under the VWP). I was even moving to the US so we had all our stuff and our cat - talk about looking like we were both planning to stay! Like you, I had considered having us arrive separately because I was worried but my immigration lawyer said not to worry about it and he was right. We had a couple of documents showing that my husband would return to the UK after helping me settle in but we didn't need them.

When we arrived at JFK, we first asked a security officer if we could go through the US citizens line together - because my husband had an ESTA that he had already used to enter the US, we were allowed to go through the automated passport line together. If it weren't for an issue with MY passport, he would have entered the country without even talking to an immigration officer. But we did have to go speak to one. He asked Patrick how long he was staying (five weeks), purpose of his visit (helping me move/staying for holidays) and what he did for a living and that was it.

[awaywego 28]

Hello everyone,

Thanks for all your valuable comments on this issue.

My husband (the USC - he lives with me in Colombia) and I are planning to visit his parents in the US for a week or so. I would like to hear any opinions regarding,

1) Should we go through customs together (like through the US citizens line and I'll go as his family member)? Or is it better if each one goes separately through the appropriate line?

2) Anyone entering with a B1/B2 visa after starting the process... Do you usually get your passport stamped for 6 months or dot hey give you less?

Thanks so much

My spouse and I (VWP and USC) also live abroad together. We always go through the immigration line together. We're a family traveling together and using the same Customs Declarations Form (I can't recall if you need to show this at the immigration desk), plus we don't want to get separated. We ask an officer which line to use, as we've been given different answers and don't want to go through the "wrong" line.

As many have said in this thread, bring evidence of your ties to Columbia. We also bring evidence of the USC's ties abroad. (To us it seems reasonable to show that the USC will also be leaving the States if the issue at entry is that the CBP officer might consider a spouse in the US possible motivation for overstay.)

Starting the immigration visa process should not affect the B1/B2 visa. Others will know for sure.

Edited January 3, 2015 by awaywego

[swill0215 0]

I'm here in the US now, me and my husband flew in last week and Re waiting out the last of the process here, they didn't ask me anything really.. What were we doing and have a great trip.. So I moved here on the VWP and are flying home for the interview.. We are at the very last stage of the Nvc so I should have an interview before my 90 days are up.

We have our kids who are dual citizens as well

Hello, We are about to do the same thing! We are in the NVC stage now, our case is being processed and we were told yesterday that we should receive our case number within the next 10 days. Flying to the states at the end of Jan (my husband will enter on VWP with UK passport) to wait it out and then my husband will fly back for the interview which we hope will be before the 90 days are up. I wanted to know if this worked out for you? How long did it take from getting your paperwork in to NVC to getting your interview date? Thanks!

[billtherese 0]

This thread is encouraging, but I'm still a bit confused. I'm currently residing with my wife in Ireland, but need to go back to the states and want to take her for about a month. I also had my attorney tell us that during the I-130 process, travel is possible but risky. Once that is approved and we go to the NVC portion of the process, re-entry back into the states will not be possible without Advance Parole Documents. Was I simply given bad advice? Why file for Advance Parole if you can come and go freely on VWP? Thank you in advance for setting me straight.

[TabeaK 516]

The CR-1 visa category ends with you receiving a green card. No AP needed, as far as I know.

AP is for us K1 visa guys, who need to AOS within the states. Receiving the green card can take anywhere from 6 months to a year, hence you need an AP for travel.

Bottom line: Bad advice.

[Ryan H 3,797]

This thread is encouraging, but I'm still a bit confused. I'm currently residing with my wife in Ireland, but need to go back to the states and want to take her for about a month. I also had my attorney tell us that during the I-130 process, travel is possible but risky. Once that is approved and we go to the NVC portion of the process, re-entry back into the states will not be possible without Advance Parole Documents. Was I simply given bad advice? Why file for Advance Parole if you can come and go freely on VWP? Thank you in advance for setting me straight.

You were given bad advice by an attorney who doesn't seem familiar with the spousal visa process.

[Kitti 65]

I visited the US in December for three weeks. I drove to NY state from Ontario and took a cheap flight to Florida.I have done this trip every year for the past 4 years. I am at the NVC stage of a CR-1. I had to go in to talk to the border agency, she typed a lot and then sent me on my way. I was honest about all the process, had all my proof of residency, bills , mortgage, hydro, cable , bank accounts. I had one checked bag .one carry on and my small dog. I was prepared to be turned away. It was a happy day to go through and spend Christmas with my husband.

[slronhill 61]

I went on the trip to US for Christmas holidays for three and a half weeks.

Didn't have any problems at POE (Chicago) but I had problems in EU at the airport.

I have two passports, one in which is my B1/B2 visa and new passport for traveling, with my new last name. I didn't have my marriage certificate with me and it seems that was the problem cause they couldn't confirm I'm the same person in both passports.

Anyways, they've asked the CBC chief of security what to do, he talked with me for a few minutes and allow me to board.

At that time we haven't filed for CR1 yet.

So bring your papers (marriage certificate) with you when you traveling. I hope this helps

[TBoneTX 43,516]

One post has been removed because it duplicates a stand-alone thread. Please post only once on a topic, and only in logical places.

VJ Moderation

[Ketsuban 1,034]

This thread is encouraging, but I'm still a bit confused. I'm currently residing with my wife in Ireland, but need to go back to the states and want to take her for about a month. I also had my attorney tell us that during the I-130 process, travel is possible but risky. Once that is approved and we go to the NVC portion of the process, re-entry back into the states will not be possible without Advance Parole Documents. Was I simply given bad advice? Why file for Advance Parole if you can come and go freely on VWP? Thank you in advance for setting me straight.

He's talking rubbish. I entered under the VWP the day after paying my IV invoice, left with no problems and came back with my CR-1 without a hitch.

[FD&MDVL 58]

Have not read ALL the posts but thought I would throw in my two cents.

We applied two times for a tourist visa while our application was pending and turned down both times.

Spoke to the consular officer on the phone and he said- without significant changes we had no chance, and we had no changes. so we waited.

BUT--

I know personally people who have been approved for a tourist visa that had much more questionable situations than mine--

If in the same situation - I would still apply and see what it got me, better to ask and they say no than to not ask at all.

FD

[Rune 5]

Just wanted to add that hubby came through at JFK on the VWP today and had no trouble at all. He's here for two weeks. I'm so relieved he got in as we just submitted our packages to NVC.

Good luck everyone.

[JCV 5]

I think people make a bigger deal on this forum than it should be.

My wife has been here the whole time with me while i-130 pending. She comes for 90 days at a time, leaves for 6 weeks and comes back. She is from a vwp country. At US customs they asked the first time, what is the point of visit, to see my husband and they let her go through. 2nd time: why are you here? A: to visit my husband Q what does he do? A: hes a doctor Q: did u file paperwork A: yes, waiting on petition approval Agent: enjoy your trip.

Also, she does not have a single tie to her country because she quit her job to spend time here, no car lease, lives with parents while she goes home, they never ask for anything. My two cents, just go visit and stop worrying about POE AGENTS.

Hi! Does your wife tell them she is staying for 90 days? i am doing the same thing and from a VWP country. thanks!

[tim131 14]

This thread is encouraging, but I'm still a bit confused. I'm currently residing with my wife in Ireland, but need to go back to the states and want to take her for about a month. I also had my attorney tell us that during the I-130 process, travel is possible but risky. Once that is approved and we go to the NVC portion of the process, re-entry back into the states will not be possible without Advance Parole Documents. Was I simply given bad advice? Why file for Advance Parole if you can come and go freely on VWP? Thank you in advance for setting me straight.

Bad advice. I have travelled twice, once during USCIS portion and once during the NVC and I was grand, POE was Dublin, ask very simple questions like nature of visit, I just say to visit my wife, they asked what does she do, I say she's a student, and that's it. If your wife is travelling with you just tell them the truth you're going for a month, I would bring your GNIB card too, that shows you're tied to Ireland as well.

[Dyattaw 7]

I've read thru this topic completely and find that most of the people here are from countries not requiring a visa for entry. I would just like to know has anyone successfully applied for and gotten a tourist visa while their I130 is pending? If you have, what evidence of ties to your own country did you present to the consulate?

Thanks.