Visiting Visa While IR1-CR1 Is Pending

[JayJayH 546]

Some great replies here, thanks. Also one I wondered about, if on my permanent return to the US / her VWP visit, if we could go through the same immigration line together, her English is ok but she could get easily stymied and if I can be with her I'd rather do that.

I always went in the same line with my ex wife. I can't remember if we were in the USC line or visitor line though. Just ask. Either way, you'll be able to go together.

[pinkpaws 5]

I haven't seen your prior posts, but have you or are you planning to submit an i-130 for you?

Hi. We have not yet filed our i-130. It's actually the main reason I am flying back to the US for a visit (to help my husband with our i-130 paperwork). I will stay for 2 months, and then leave back for Malaysia. My husband will then file the paperwork as soon as we leave the US.

Edited July 6, 2016 by pinkpaws

[BackWhereIBelong 2]

Interesting, you and we are taking a different approach - you will file after you both leave the US, we think to file as soon as I arrive in the US (which is our effect change of home location from Singapore for both of us) to US/me Japan/her.

May I ask why you are waiting to file until after you leave the US - won't that add to the overall duration?

Hi. We have not yet filed our i-130. It's actually the main reason I am flying back to the US for a visit (to help my husband with our i-130 paperwork). I will stay for 2 months, and then leave back for Malaysia. My husband will then file the paperwork as soon as we leave the US.

[Ryan H 3,796]

May I ask why you are waiting to file until after you leave the US - won't that add to the overall duration?

~~~To avoid cluttering the thread with items unrelated to the topic, please ask this question elsewhere. - VJ Moderation~~~

[Jeniafrench 8]

So from what I understand you can go to the US on a tourist visa any time (meaning both at the pending i-130 stage and the NVC stage). Is that correct?

This is interesting though. I had a CR-1 visa before (then I gave it up, now applying again). Last time we were eligible for DCF. So I had personal interviews/ encounters in the embassy. I was specifically told by an officer in the embassy last time that I now have an immigration status and I am not allowed to travel to the US until my case gets approved. And my tourist visa (that was valid in my passport at the time) will no longer be valid... So I was certain all these years that traveling with a pending immigrant visa is not allowed.

Turns out that officer really dis-informed me.

[BackWhereIBelong 2]

Look for my PM on this exact thing

[mallafri76 1,012]

So from what I understand you can go to the US on a tourist visa any time (meaning both at the pending i-130 stage and the NVC stage). Is that correct?

This is interesting though. I had a CR-1 visa before (then I gave it up, now applying again). Last time we were eligible for DCF. So I had personal interviews/ encounters in the embassy. I was specifically told by an officer in the embassy last time that I now have an immigration status and I am not allowed to travel to the US until my case gets approved. And my tourist visa (that was valid in my passport at the time) will no longer be valid... So I was certain all these years that traveling with a pending immigrant visa is not allowed.

Turns out that officer really dis-informed me.

Yes you can travel while your petition/visa is pending. Once your immigration visa is issued, any tourist visa you have will be cancelled.

[ARW1 0]

My husband and I were told that we could apply for him to get a Visa t come visit but most likely he and the kids will not get it because of the pending spousal visa. They remain more concerned that he will not return, so I will be traveling to visit him and the children since our case is still ongoing and it has been nearly a year and a half.

[Mrs Rogers 3]

Hi guys!

Just a mini update! 30 days until I fly to LAX from Australia for a 2.5 month visit. We are still waiting on our i130 approval (NOA1 May 25) - hoping we hear something before I leave but no biggie

I will be entering on the VWP, so fingers crossed! I am in the process of collecting strong ties to my country to take as evidence should they request it. My main piece of evidence that I have is a letter from my place of employment with key dates, confirmation of employment and the day they expect me back at work (If you would like me to type out the letter so you can use as a template/guide, please let me know. I would be more than happy to ) I will also bring along my NOA1 (plus hopefully my NOA2!!!), bank statements showing recent transactions, my car title, return ticket/itinerary, and *perhaps a screenshot from my embassy website stating I can visit hmm.

Anyway, I hope this is helpful for someone. I think I rather have more evidence than not enough. Maybe they won't ask for all these things. I'm hoping I have a smooth entry into the US! I will be sure to come back and update on September 20 xxx

Edited August 21, 2016 by Mrs Rogers

[Medz70084 8]

I have visited my husband twice while the CR1 has been in process. I went for a family wedding but I did tell them about my immigrant visa application. They just asked are you returning? I said of course. No issues.

Edited August 22, 2016 by Medz70084

[susanm 0]

He wouldn't be coming in on a visa anyway because his is waived.

Damn - they beat me to it! lol

So if my spouse is from aus where there is a vwp....could he enter the states with that and then file for change of status while he is here in the states?

[Wenche&Jason 8]

Just to clarify - I just bought a ticket today mind you:

I, the US Citizen, will be sending out my wife's I-130 packet at the start of next week. I plan to go visit her in August; will I have a hard time going to visit once we start the process? Is there anything I should take with me? or is it more so my wife that will have to have the proof that she is going back to the UK if she decides to come visit me here in the US?

I just want to make sure because I do want to fly over and get turned away and vice versa.

Thanks!

Hi, you won't have any problems getting into the UK, you're not going to stay there.. it's her moving to the US. It's your wife that could get turned away by the US immigration officer,..however since she is from a VWP country (Visa Waiver Program) it is not very likely to happen. If she comes to visit, she should bring proof of strong ties to the UK,.. like proof of residency, from her employer and so on. She should always answer truthfully to the immigration officer, however not offer more information than what he/she asks for.

[Ryan H 3,796]

So if my spouse is from aus where there is a vwp....could he enter the states with that and then file for change of status while he is here in the states?

Absolutely not.

[k.dlg 297]

So if my spouse is from aus where there is a vwp....could he enter the states with that and then file for change of status while he is here in the states?

Repeating what Ryan H said, no. He can visit and leave when he's supposed to, but he needs to file the CR-1 when he is in Australia.

[susanm 0]

That's what I thought. Thank you