Visiting Visa While IR1-CR1 Is Pending

[Boiler 43,735]

Before

[acidrain 325]

On 10/22/2017 at 4:04 PM, 4000mf said:

It was three weeks in April, five weeks in May/June, another four weeks in the Autumn, and it was my last trip, for nine weeks over Christmas, where I went to secondary.

 

I work freelance, and I get a lot of time between contracts which as you can imagine seemed ‘suspicious’, as I ‘could work anywhere’. Technically true I guess. 

 

I just told them the truth, visiting girlfriend. I was asked ‘how long are you staying?’ ‘nine weeks’ ‘ok first things first that isn’t happening. Do you understand?’ I’ve never felt my heart hit the floor like that. 

 

Then maybe fifteen minutes of asking about my links to the UK and suggesting I didn’t have many (I don’t own my house, no fixed contract employment) it was rough. I just answered everything honestly and told them that my intentions were to leave with my return ticket.

 

He was very clear about me not working there. Very, very clear. Especially as my partner works in a field similar enough to ‘find me work.’

 

The ‘please give me your cellphone and passcode’ was a shock. Handed a card that explained how that was legal, I had no idea. Around half an hour later he was satisfied, he told me that he doesn’t like to take peoples’ cellphones but most people who intend to remain, the contents of their phone give them away.

 

He told me to visit less, that it looked like I was trying to ‘live there.’ I just wanted to spend as much time as I could with someone I loved I explained. He told me to stay away more, and advised that I get a visa.

 

Now I don’t have time to get a visa and I’d no doubt be denied as we’re filing I-130, so I’m just going to go on the ESTA and hope they’re feeling Christmas-spirited twelve months on. 

My passport is flagged every time I cross the border so felt the need to add some input for your situation. I have crossed successfully three times in a row since filing our IR-1 petition.

 

I found the key to success is to be upfront and produce as much evidence as you can. I travel with a binder that shows all of my ties back home and most importantly all of my paperwork in relation to my IR-1/IR-2 petition. The border twice has said they were so impressed by my binder they wish they could show it to other people. I assume many people show up to the border with nothing but an employment letter and a story. I print off everything from emails and Facebook conversations I have with family/friends that talk about plans after I get home. I always tell the border they can call my landlords to confirm I am still living at my place and how I plan on staying in Canada for the duration of the immigration proceeding. I try to think if I were in their shoes what evidence would I want to see to guarantee that person would be going home?

 

I have gotten questioned about the immigration process and what steps I need to do to complete it. I believe they ask me this to test my knowledge because if you are going to follow the law you will know. You may know the steps already but if not make sure you have a firm grasp of what needs to happen. I provided a detailed explanation of every thing that happens from the i130 to consulate process. They asked for timelines which I told them are merely estimates. But more than anything I find they want to make sure you plan on completing everything legally.

 

The general rule of thumb is to spend 2x more days in your home country to what you are spending in the United States. There is no hardened rule so it's up to the border official to make the determination where your ties are. I travel approximately every 7 weeks to allow enough time at home before re-entering. So far I have been successful. I was told you are not allowed to reside in the US while your immigration petition is pending. It's grounds for the petition to be terminated. The border also told me this as well and said to try to keep my trips under a couple weeks. This next trip I am pushing it by asking for a 2 1/2 week stay. But my son who is in school is on Christmas break and am hoping they will be okay with that.

[calgary 0]

Hi 

Im a PR in Canada and my husband is citizen of Usa.

My question:Is it better to apply for a turist visa before or after applying for I-130?And why?

 

Thanks

Edited November 9, 2017 by calgary

[acidrain 325]

9 hours ago, calgary said:

Hi 

Im a PR in Canada and my husband is citizen of Usa.

My question:Is it better to apply for a turist visa before or after applying for I-130?And why?

 

Thanks

It's better to apply for a tourist visa before you start the immigration process. I learned the rules the hard way. The border assumes the minute you file a i130 you intend on living in the United States. This includes running the risk of living there illegally. If you were to apply for a tourist visa after you start the process there is a chance you will be denied. Whereas before you start the process they treat you as if you are seeking a visa solely for touristic purposes. The chance of denial is slim.

 

Do you need a visa as a permanent resident of Canada? As a citizen I show up to the border and ask for permission to enter as B-2 without applying for one ahead of time.

[star6 25]

hi all...

just wanted to give an update of my recent experience regarding this topic...

firstly i should state that my husband and i got married here in nyc in july 2017 and i returned home to my job and life...we filed our paperwork in august 2017...

both of our bdays were this week so we obviously wanted to celebrate together...plus i also found out im pregnant...so 3 reasons to celebrate...he couldnt come to my home country as he just got a new job....so only option was me coming here...

i had a lot of reservations and didnt know what to expect based on all the stories i read on here....however we booked the ticket....and i came saturday night.....when i reached the officer her asked the following:

 

1.  what is the purpose of my visit --- to celebrate my birthday which is on Monday

2. how long are you here for ---- 10 days

3.  whose address was it i listed on my form --- a relative

 

PAssport was stamped for 6 mths and that was it.....i was so happy and relieved and went on my way....this is my 5th visit to the us in the past 4 years i have been here at least once every yr in the past 4 yrs....

 

i know ppl have said to be honest abt the purpose of my visit....however i dont think i was dishonest with any of my answers...

ps... the officer i got in no way looked friendly as the ones i have gotten in the past and never once smiled.....

 

also i came prepared with my job letter and bank statement as proof that i plan to go back home....

 

pray a lot before! it helps! im convinced it was that.....

 

best of luck to all.....

Edited November 9, 2017 by star6
typo

[calgary 0]

7 hours ago, acidrain said:

It's better to apply for a tourist visa before you start the immigration process. I learned the rules the hard way. The border assumes the minute you file a i130 you intend on living in the United States. This includes running the risk of living there illegally. If you were to apply for a tourist visa after you start the process there is a chance you will be denied. Whereas before you start the process they treat you as if you are seeking a visa solely for touristic purposes. The chance of denial is slim.

 

Do you need a visa as a permanent resident of Canada? As a citizen I show up to the border and ask for permission to enter as B-2 without applying for one ahead of time.

Yeah i need a visa because i have the passport from my country 😏

My manager is writing a letter for me that i ll be back and work in canada hopefully they will approve it 🙌🏻

[msohyun 1]

Hi all.

 

My wife, who is in South Korea now, wants to come visit America for a month. She will fill out an ESTA and probably travel using the Visa Waiver Program. 

 

She will not have a job at that time, and doesn't own her own house. 

 

She will buy a round trip ticket and that is her only piece of evidence that she will return to korea. Can she safely travel to America without compromising her I-130?

Edited November 11, 2017 by msohyun
Details

[Boiler 43,735]

Yes

[calgary 0]

What kind of questions do the officers make for the turist visa?

[Nattie_Bry 102]

On 11/15/2017 at 4:10 PM, calgary said:

What kind of questions do the officers make for the turist visa?

In my country they simply ask why you going and what you do for a living.

My entire family just got it last month since i'm moving soon and it was pretty quick and straight forward for all of them.

[Nattie_Bry 102]

Anyone have an experience of entering US with a case complete at NVC?

I got my interview letter and it's next month so i have every reason to come back.

 

Will keep you posted once i land tomorrow.

[Longingfor 195]

13 hours ago, Nattie_Bry said:

Anyone have an experience of entering US with a case complete at NVC?

I got my interview letter and it's next month so i have every reason to come back.

 

Will keep you posted once i land tomorrow.

Not with case complete. It was the CO who pretty much told me that my case is at NVC and sure enough when I got home and called NVC they had received my case 2 days prior to me arriving in the US.  I was never asked the standard questions. The CO only asked when I planned on moving there permanently. My passport was stamped for the 6mths but I am only staying 3 weeks.

[calgary 0]

Hey 

November 27 2017 it’s my interview day for the turist visa so if you guys could give me some advices it would be great..Do i️ need a invitation letter from my husband ?

[Boiler 43,735]

No

[Nattie_Bry 102]

Hello everyone! Got in LAX alright on Friday and here's the details:

 

At immigration I was so nervous since the guy in front of me got taken to the interview room.

officer: hello! How long are you planning to stay?

me: 8 days.

officer: please put your hands on the scanner.....(and the whole process was done in 1 minute no other questions asked and I got in)

 

My guess is the visa status won't show up on the front page of the profile and unless they look into it...

 

but then I was pushing my luggages through (I was moving some clothes and belongings bit by bit every time I get in since it's free to fly them as checked bags), the guy things I have food / agriculture products in there so I was led to an extra scan queue for my bags and I got out ok.

 

gonna come home for the interview on Dec 21 for my CR-1 yey! Happy Thanks giving!!!!