Visiting Visa While IR1-CR1 Is Pending

[JulieAllison18 1]

I apologize if this has already been answered (this is a long thread!)

My Canadian husband and I are at the NVC stage of his CR1 processing. As a canadian, he has the luxury of visiting the US during this process without any problems.

I think we have about four months left and we're getting anxious. Plus, he doesn't happen to like his job in Canada right now.

Here's my question:

What are the risks of him coming to "visit" during the last few months? As the process continues, even if we have email processing, does he still need to actively be in Canada so he can receive mail? Will anything get sent to him?

What other issues might come up if he isn't in Canada (regardless of if he's in the US or just traveling the world) during the time of the processing?

Thanks so much for your help!!!

[Danielhenson 3]

I was denied entry back in November 2014, I was on the VWP, ended up in interrogation and they found evidence that I was planning to marry my boyfriend while there. Long story short, my boyfriend came to visit me in Sweden instead, for three months, we got married and sent in the i-130 pretty recently before he left to go back home again.

I can't travel with the VWP anymore, but I'm wondering if I can apply for the B2 non-immigrant visa. If i can find enough evidence that ties me to my home country while we're dealing with immigration process, do you guys think I will be able to visit him in America for a week or two? Or will my previous denial and my ongoing process be in our way?

[Dyattaw 7]

I have not heard from anyone who has obtained a B2 after filing an I130. They pretty much think you will not return to your home country.

[Danielhenson 3]

I have not heard from anyone who has obtained a B2 after filing an I130. They pretty much think you will not return to your home country.

Yes, that's what I thought too :/ Just wanted to see if anyone had any luck with that before but it seems pretty impossible.

[Ryan H 3,796]

I was denied entry back in November 2014, I was on the VWP, ended up in interrogation and they found evidence that I was planning to marry my boyfriend while there. Long story short, my boyfriend came to visit me in Sweden instead, for three months, we got married and sent in the i-130 pretty recently before he left to go back home again.

I can't travel with the VWP anymore, but I'm wondering if I can apply for the B2 non-immigrant visa. If i can find enough evidence that ties me to my home country while we're dealing with immigration process, do you guys think I will be able to visit him in America for a week or two? Or will my previous denial and my ongoing process be in our way?

You can apply for a B2 but the chances of you being granted one are next to nil. A tourist visa denial or previous denial of entry to the US in of itself will not adversely affect the spousal visa process.

[Danielhenson 3]

You can apply for a B2 but the chances of you being granted one are next to nil. A tourist visa denial or previous denial of entry to the US in of itself will not adversely affect the spousal visa process.

I figured :/ We will just have to stay strong on each side of the World this year until Everything is finished.

Yes, that's good news, they told me that back then when it happened too, so that made me a lot calmer. Stupid decisions out of desperation...

[rowanheather 23]

I apologize if this has already been answered (this is a long thread!)

My Canadian husband and I are at the NVC stage of his CR1 processing. As a canadian, he has the luxury of visiting the US during this process without any problems.

I think we have about four months left and we're getting anxious. Plus, he doesn't happen to like his job in Canada right now.

Here's my question:

What are the risks of him coming to "visit" during the last few months? As the process continues, even if we have email processing, does he still need to actively be in Canada so he can receive mail? Will anything get sent to him?

What other issues might come up if he isn't in Canada (regardless of if he's in the US or just traveling the world) during the time of the processing?

Thanks so much for your help!!!

My husband is Canadian and he has been in the US visiting for the past few months while we waited out the end of the NVC process. He had no problem crossing the border (at Toronto airport) and we receive all correspondence from NVC electronically, so he hasn't missed anything in the mail. It's worked out great for us

Good luck to you!

[Dyattaw 7]

Yes, I know. had I known before we submitted the i130 that the length of time would be approximately a year, and had she obtained a B2 visa first, she could visit here, I wouldn't have rushed to file the i130 until after my wife had obtained a B2.

[Lmst 1]

Hey guys.

Just wanted to tell everyone about my experience. I entered the us on VWP 3 days ago at Chicago O hare. Totally smooth. I hadn't had any problems at all. Didn't even had to show my return ticket. The officer only asked for how long i'll stay and how I met my husband. He also asked if I am still in school in the USA (I have a valid F1 visa in my passport still from when I went to college in California) which I denied.

I am pretty happy that it was so easy because the last time I entered in December in LAX it was pretty much like an interrogation. I wasn't married then and I had to show all kinds of proof that I will leave again but I was not taken into another room or anything.

[CJKylie 161]

I will be visiting on an ESTA, but I have changed employers since I applied for my ESTA.

I will be carrying a letter from my new employer showing ties to the UK. Should I also get a new ESTA so the employer details match, or does this not matter?

[Ryan H 3,796]

I will be visiting on an ESTA, but I have changed employers since I applied for my ESTA.

I will be carrying a letter from my new employer showing ties to the UK. Should I also get a new ESTA so the employer details match, or does this not matter?

Doesn't matter, situations change all the time.

[JimHouston69 1]

My husband is a Tunisian citizen and has entered and left the U.S. at least a dozen times over the last 9 years on his still valid visitor visa. We were married in 2010. Our I-130 was approved April 1, 2014. We are still waiting for it to be sent to NVC. (It was "lost.") Our attorney has said he cannot re-enter the U.S. on his visitor visa because applying for an I-130 shows clearly that he wants to stay in the U.S. He is still employed in Tunisia and has other ties. I understand there are no guarantees, but is it possible he could actually enter for a visit? (With a letter from his employer, return plane ticket, bank statement, etc.) Thank you for any helpful answers.

[Ryan H 3,796]

My husband is a Tunisian citizen and has entered and left the U.S. at least a dozen times over the last 9 years on his still valid visitor visa. We were married in 2010. Our I-130 was approved April 1, 2014. We are still waiting for it to be sent to NVC. (It was "lost.") Our attorney has said he cannot re-enter the U.S. on his visitor visa because applying for an I-130 shows clearly that he wants to stay in the U.S. He is still employed in Tunisia and has other ties. I understand there are no guarantees, but is it possible he could actually enter for a visit? (With a letter from his employer, return plane ticket, bank statement, etc.) Thank you for any helpful answers.

Attorney is wrong, it is possible for him to enter on a visit while the process is in progress. However, there is no guarantee he will be granted entry.

[kansai 0]

We have a CR-1 pending, just got a case-closed and have an interview end of April. My wife of 11 years is Thai, and so far we have always lived overseas due to my job. I will be transferred from our Madrid office to our Boston office end of June.

We visited Boston one month ago without incident; my wife using her B1/B2 visa as usual. Boston immigration very efficient; asking only about our length of stay.

[nickandju 0]

Hi everyone,

I have a question about our situation, which is similar to others on this thread, but different in some ways.

My wife is Brazilian and is currently in Brazil, where I lived also until the end of January 2015. Our case was near the end of the NVC process so I hoped that she would have her case complete and interview within a few months of my return to the US, and be able to meet me here in April more or less. Unfortunately though, the NVC, which took about 70 days to open our packet of documents, says that there is a problem with the civil police certificate. I'm sure I sent it, so I asked them to have a supervisor look at it. It has now been over a week and a half and no one has looked at the case yet. If I have to send the document again, it may take an additional 60+ days for them to open it. We are tired of waiting for the NVC and didn't plan to live apart for this long.

I'd like my wife to be able to come here on a tourist visa, and then return to Brazil for her CR-1 interview at the consulate. However, she doesn't have a job and is traveling/ volunteering at the moment while she waits for her visa interview to come to the US. In other words, she has no ties to her home country except for being a partial owner of her family farm and is essentially waiting to immigrate.

I'm trying to decide whether it would be better for her to try to come here on a tourist visa, or for me to go back to Brazil and wait with her. Coming to the US would be better for both of us, but I'm afraid that her visa will be refused, either at the consulate or when entering the country. This problem at the NVC has really thrown a wrench in our plans, although I realize it was risky to assume that her case would be completed on a reasonable timeframe.

In her situation, would it be very risky for her to come to the US on a tourist visa? We don't want to lose the price of a ticket if she gets turned away at the airport.

Thank you!