Visiting Visa While IR1-CR1 Is Pending

[JFH 12,189]

I am at the airport now about to board the plane to see my husband. I'll post about my POE experience when I get there.

As promised, my experience at POE Las Vegas today.

We sent our I-130 in early February so we still have a long wait ahead of us. I am visiting for a week and I am from the UK, a VWP country.

I flew from London to Stockholm with BA using air miles and then took Norwegian from Stockholm to Las Vegas. I paid £107.40 each way - that's the reason I went this way.

I had to use the restrooms as soon as we landed so when I reached immigration there were already a lot of people in front of me. By the time I got to the front of the line, the desks handling USCs had finished the USCs and so visitors were directed to these desks. I was sent to one of the USC desks.

It was probably my worst ever POE experience. I don't know if I got someone who was having a bad day, or has something against British people or what. Anyway, it went like this.

Me: Hello (putting passport and customs form on the counter)

Officer: (looking at the passport cover) So which country are YOU from? (Perhaps understandable as almost all of the passengers were Swedish)

Me: I'm from the United Kingdom

Officer: And you're going to... (looking at the address on the customs form and read out the city and state given)

Me: Yes

Officer: And what's in xxxx (city and state)?

Me: My husband

Officer: What is he doing in xxx (city and state)

Me: He lives there. He's a US Citizen

Officer: He's a US Citizen?

Me: Yes

Officer: And is he planning to immigrate you on this visit?

Me (somewhat taken aback) No, no.

Officer: And how long have you been married?

Me: A year and a half

Officer: Did you get married in xxx (city and state)?

Me: No. We got married in zzz (different city, same state)

Officer: And when was that?

Me: September 27, 2014

Officer: So he is planning to immigrate you on this visit, isn't he?

Me: No.

Officer: How long are you staying?

Me: One week.

Officer: Let me see your return reservation.

Me: (showing him the paperwork) Here's my reservation back to Stockholm and then here's my ticket from Stockholm to London.

Officer (looking at the travel paperwork) When were you last here?

I wasn't sure how to answer that. "Here" as in "this airport" or "here" as in "the country"?

Me: At Christmas.

Officer: How long did you stay?

Me: 2 weeks

Officer: what job do you do at home?

Me: I'm a xxxxx

Officer: How long did you stay last time? (Second time has asked this)

Me: Two weeks

Officer: And when was that?

Me: Christmas

Officer: What date did you enter?

Me: December 15

Officer: What job do you in the UK? (Second time he has asked this)

Me: I'm a xxxxx

Officer: Do you work for yourself or for a company?

Me: For a company

Officer: I want to know why you didn't fly direct from London to Seattle.

Me: This route is less than half the cost.

Officer: (studying the customs form again and starting to get a bit short with me) So your husband has no plans to immigrate his wife?

Me: Not yet.

Officer: Not yet?

Me: No

Officer then asks me for finger prints and photo. Stamps passport, puts it on the counter and keeps his hand on it. I don't touch it.

Officer: How much cash have you got with you?

Me: Cash? Not much cash money. About $20 but I have my debit card and my credit card with me. I don't like to carry cash in crowded areas like airports.

Officer (pushed passport towards me) Thank you.

Me: Thank you.

The whole way through I had the impression he didn't believe anything I said. I don't think he believes I have a husband here. I think what convinced him I was telling the truth was my lack of luggage (carry-on only - if I was planning to stay I wouldn't get very far with that) and that I said I have my debit card and credit card wth me - indicating those accounts are still active at home.

It was very disappointing after over 40 entries with no problem at all. I have never stayed longer than 3 weeks. I could understand if if this was my first time or if I had a pattern of 90-day (or close to 90-day) stays or appeared to be spending longer in than out. I have always left exactly when I said I would. This is my 10th visit since we married and the first time it has been suggested that I might be trying to stay. First time I've been asked about money or previous stays. There was a point where I thought I was going to be refused. I don't know why some questions were asked twice. To see if I'd answer the same way? Because he didn't know what else to ask?

This was Las Vegas. I'm wondering if I'd said I was here to watch strip shows, drink and party whether that would have been better. Guaranteed someone on my plane came here just for that.

I'm very well spoken thanks to a private education on scholarship. I'm very polite. Like most people after a long fight I looked like something from a zombie film but I was reasonably well dressed.

It's a mystery to me why it went like this.

Edited April 7, 2016 by JFH

[Bn&Dw 1]

As promised, my experience at POE Las Vegas today.

We sent our I-130 in early February so we still have a long wait ahead of us. I am visiting for a week and I am from the UK, a VWP country.

I flew from London to Stockholm with BA using air miles and then took Norwegian from Stockholm to Las Vegas. I paid £107.40 each way - that's the reason I went this way.

I had to use the restrooms as soon as we landed so when I reached immigration there were already a lot of people in front of me. By the time I got to the front of the line, the desks handling USCs had finished the USCs and so visitors were directed to these desks. I was sent to one of the USC desks.

It was probably my worst ever POE experience. I don't know if I got someone who was having a bad day, or has something against British people or what. Anyway, it went like this.

Me: Hello (putting passport and customs form on the counter)

Officer: (looking at the passport cover) So which country are YOU from? (Perhaps understandable as almost all of the passengers were Swedish)

Me: I'm from the United Kingdom

Officer: And you're going to... (looking at the address on the customs form and read out the city and state given)

Me: Yes

Officer: And what's in xxxx (city and state)?

Me: My husband

Officer: What is he doing in xxx (city and state)

Me: He lives there. He's a US Citizen

Officer: He's a US Citizen?

Me: Yes

Officer: And is he planning to immigrate you on this visit?

Me (somewhat taken aback) No, no.

Officer: And how long have you been married?

Me: A year and a half

Officer: Did you get married in xxx (city and state)?

Me: No. We got married in zzz (different city, same state)

Officer: And when was that?

Me: September 27, 2014

Officer: So he is planning to immigrate you on this visit, isn't he?

Me: No.

Officer: How long are you staying?

Me: One week.

Officer: Let me see your return reservation.

Me: (showing him the paperwork) Here's my reservation back to Stockholm and then here's my ticket from Stockholm to London.

Officer (looking at the travel paperwork) When were you last here?

I wasn't sure how to answer that. "Here" as in "this airport" or "here" as in "the country"?

Me: At Christmas.

Officer: How long did you stay?

Me: 2 weeks

Officer: what job do you do at home?

Me: I'm a xxxxx

Officer: How long did you stay last time? (Second time has asked this)

Me: Two weeks

Officer: And when was that?

Me: Christmas

Officer: What date did you enter?

Me: December 15

Officer: What job do you in the UK? (Second time he has asked this)

Me: I'm a xxxxx

Officer: Do you work for yourself or for a company?

Me: For a company

Officer: I want to know why you didn't fly direct from London to Seattle.

Me: This route is less than half the cost.

Officer: (studying the customs form again and starting to get a bit short with me) So your husband has no plans to immigrate his wife?

Me: Not yet.

Officer: Not yet?

Me: No

Officer then asks me for finger prints and photo. Stamps passport, puts it on the counter and keeps his hand on it. I don't touch it.

Officer: How much cash have you got with you?

Me: Cash? Not much cash money. About $20 but I have my debit card and my credit card with me. I don't like to carry cash in crowded areas like airports.

Officer (pushed passport towards me) Thank you.

Me: Thank you.

The whole way through I had the impression he didn't believe anything I said. I don't think he believes I have a husband here. I think what convinced him I was telling the truth was my lack of luggage (carry-on only - if I was planning to stay I wouldn't get very far with that) and that I said I have my debit card and credit card wth me - indicating those accounts are still active at home.

It was very disappointing after over 40 entries with no problem at all. I have never stayed longer than 3 weeks. I could understand if if this was my first time or if I had a pattern of 90-day (or close to 90-day) stays or appeared to be spending longer in than out. I have always left exactly when I said I would. This is my 10th visit since we married and the first time it has been suggested that I might be trying to stay. First time I've been asked about money or previous stays. There was a point where I thought I was going to be refused. I don't know why some questions were asked twice. To see if I'd answer the same way? Because he didn't know what else to ask?

This was Las Vegas. I'm wondering if I'd said I was here to watch strip shows, drink and party whether that would have been better. Guaranteed someone on my plane came here just for that.

I'm very well spoken thanks to a private education on scholarship. I'm very polite. Like most people after a long fight I looked like something from a zombie film but I was reasonably well dressed.

It's a mystery to me why it went like this.

This sounds very unfair! You probably had a very grumpy officer.

[Michael2017 368]

JFH - Did you get a Visa Waiver Stamp with 90 days validity or did the officer shorten the duration? Is it likely that an officer shortens the usually 90 days to a shorter duration due to the I-130 pending?

One more questions: How soon after I-130 has been filed, are CBP officers informed about the petition. I read in some forums that CBP officers get the information about the filing very late in the process and not from the start. Anyone can confirm this?

[Wenche&Jason 8]

JFH - Did you get a Visa Waiver Stamp with 90 days validity or did the officer shorten the duration? Is it likely that an officer shortens the usually 90 days to a shorter duration due to the I-130 pending?

One more questions: How soon after I-130 has been filed, are CBP officers informed about the petition. I read in some forums that CBP officers get the information about the filing very late in the process and not from the start. Anyone can confirm this?

Hi, I just came back from visiting my husband,.. I usually only stay 2-3 weeks as I still have a job in Norway. However, checking my passport, I was granted 90 days as usual. I don't know how much information CBP officers get,.. this guy asked me what the purpose of my visit was, and I said, as true is, that I'm visiting my husband. He asked why I was not living there with him, and again I replied as true is, that we are currently filing I-130 and are waiting for the approval.

There is a possibility they have access to all information, but ask the questions to see if we answer them truly.. I don't know. I only know,.. ALWAYS answer the truth!!

[JFH 12,189]

JFH - Did you get a Visa Waiver Stamp with 90 days validity or did the officer shorten the duration? Is it likely that an officer shortens the usually 90 days to a shorter duration due to the I-130 pending?

One more questions: How soon after I-130 has been filed, are CBP officers informed about the petition. I read in some forums that CBP officers get the information about the filing very late in the process and not from the start. Anyone can confirm this?

Yes, he stamped my passport for 90 days as usual. I have only once been given a shorter timeframe and that was crossing the land border from Canada to Washington state by bus 6 weeks after I had previously left and the officer assumed I had spent the six weeks since the previous visit in Canada (but I had gone back to the UK) so he said he wasn't going to re-stamp me and I had to use the existing stamp.

CBP don't know about your pending visa until you get to NVC stage - that's when you provide your passport number to them. At the I-130 stage they have no definite way of identifying us.

Edited April 12, 2016 by JFH

[mallafri76 1,012]

As promised, my experience at POE Las Vegas today.

We sent our I-130 in early February so we still have a long wait ahead of us. I am visiting for a week and I am from the UK, a VWP country.

I flew from London to Stockholm with BA using air miles and then took Norwegian from Stockholm to Las Vegas. I paid £107.40 each way - that's the reason I went this way.

I had to use the restrooms as soon as we landed so when I reached immigration there were already a lot of people in front of me. By the time I got to the front of the line, the desks handling USCs had finished the USCs and so visitors were directed to these desks. I was sent to one of the USC desks.

It was probably my worst ever POE experience. I don't know if I got someone who was having a bad day, or has something against British people or what. Anyway, it went like this.

Me: Hello (putting passport and customs form on the counter)

Officer: (looking at the passport cover) So which country are YOU from? (Perhaps understandable as almost all of the passengers were Swedish)

Me: I'm from the United Kingdom

Officer: And you're going to... (looking at the address on the customs form and read out the city and state given)

Me: Yes

Officer: And what's in xxxx (city and state)?

Me: My husband

Officer: What is he doing in xxx (city and state)

Me: He lives there. He's a US Citizen

Officer: He's a US Citizen?

Me: Yes

Officer: And is he planning to immigrate you on this visit?

Me (somewhat taken aback) No, no.

Officer: And how long have you been married?

Me: A year and a half

Officer: Did you get married in xxx (city and state)?

Me: No. We got married in zzz (different city, same state)

Officer: And when was that?

Me: September 27, 2014

Officer: So he is planning to immigrate you on this visit, isn't he?

Me: No.

Officer: How long are you staying?

Me: One week.

Officer: Let me see your return reservation.

Me: (showing him the paperwork) Here's my reservation back to Stockholm and then here's my ticket from Stockholm to London.

Officer (looking at the travel paperwork) When were you last here?

I wasn't sure how to answer that. "Here" as in "this airport" or "here" as in "the country"?

Me: At Christmas.

Officer: How long did you stay?

Me: 2 weeks

Officer: what job do you do at home?

Me: I'm a xxxxx

Officer: How long did you stay last time? (Second time has asked this)

Me: Two weeks

Officer: And when was that?

Me: Christmas

Officer: What date did you enter?

Me: December 15

Officer: What job do you in the UK? (Second time he has asked this)

Me: I'm a xxxxx

Officer: Do you work for yourself or for a company?

Me: For a company

Officer: I want to know why you didn't fly direct from London to Seattle.

Me: This route is less than half the cost.

Officer: (studying the customs form again and starting to get a bit short with me) So your husband has no plans to immigrate his wife?

Me: Not yet.

Officer: Not yet?

Me: No

Officer then asks me for finger prints and photo. Stamps passport, puts it on the counter and keeps his hand on it. I don't touch it.

Officer: How much cash have you got with you?

Me: Cash? Not much cash money. About $20 but I have my debit card and my credit card with me. I don't like to carry cash in crowded areas like airports.

Officer (pushed passport towards me) Thank you.

Me: Thank you.

The whole way through I had the impression he didn't believe anything I said. I don't think he believes I have a husband here. I think what convinced him I was telling the truth was my lack of luggage (carry-on only - if I was planning to stay I wouldn't get very far with that) and that I said I have my debit card and credit card wth me - indicating those accounts are still active at home.

It was very disappointing after over 40 entries with no problem at all. I have never stayed longer than 3 weeks. I could understand if if this was my first time or if I had a pattern of 90-day (or close to 90-day) stays or appeared to be spending longer in than out. I have always left exactly when I said I would. This is my 10th visit since we married and the first time it has been suggested that I might be trying to stay. First time I've been asked about money or previous stays. There was a point where I thought I was going to be refused. I don't know why some questions were asked twice. To see if I'd answer the same way? Because he didn't know what else to ask?

This was Las Vegas. I'm wondering if I'd said I was here to watch strip shows, drink and party whether that would have been better. Guaranteed someone on my plane came here just for that.

I'm very well spoken thanks to a private education on scholarship. I'm very polite. Like most people after a long fight I looked like something from a zombie film but I was reasonably well dressed.

It's a mystery to me why it went like this.

I think it has to do with the officers on the USC side because out of all the 20 times I've visited my husband, I only experienced issues one time and that was also when they decided to move some of us visitors to the USC desks instead. Glad he let you in though.

[Michael2017 368]

Sorry, what means USC and what is the difference to CBP?

[Frankjavir 55]

Sorry, what means USC and what is the difference to CBP?

= = = = = = = = = = = = = = = =

USC = United States Citizen.

CBP Do not expect US visitors on the USC dedicated counters.

[mallafri76 1,012]

JFH - Did you get a Visa Waiver Stamp with 90 days validity or did the officer shorten the duration? Is it likely that an officer shortens the usually 90 days to a shorter duration due to the I-130 pending?

One more questions: How soon after I-130 has been filed, are CBP officers informed about the petition. I read in some forums that CBP officers get the information about the filing very late in the process and not from the start. Anyone can confirm this?

CBP can't see when a petition has been filed. The first time CBP can see that the applicant is in the visa process is when you submit the actual visa application at the NVC stage

[Michael2017 368]

What are the general acceptable timelines for visiting during an pending I-130 petition? Is it possible to stay 3 months - than return home for 3.5 months, and come back to the US for another 3 months - and so on until the petition is approved. Assuming ties to your home country and enough financial savings to demonstrate that you don't need to work in the USA, would that generally be acceptable to CBP officers? Anyone done something similar before?

[mallafri76 1,012]

What are the general acceptable timelines for visiting during an pending I-130 petition? Is it possible to stay 3 months - than return home for 3.5 months, and come back to the US for another 3 months - and so on until the petition is approved. Assuming ties to your home country and enough financial savings to demonstrate that you don't need to work in the USA, would that generally be acceptable to CBP officers? Anyone done something similar before?

You'll probably get away with it the first time around but I doubt the second time. Do you work online or what kind of ties can you show to your home country that allows you to be out of the country for half the year? I would think that shows stronger ties to the US than your home country. I honestly wouldn't risk it, not maximum VWP time after time.

[Michael2017 368]

Yes, I have an online business and my own CEO. So I am basically free to travel as much as I want. Thanks for your thoughts.

[C and O 0]

CBP can't see when a petition has been filed. The first time CBP can see that the applicant is in the visa process is when you submit the actual visa application at the NVC stage

Really? That's great. We just submitted our I-130 packet from abroad, but I'll be moving back to the US this summer. I wanted hubby to come to settle me in, but was worried about him being denied entry. There's no way we'll be at the NVC stage in July so no need to worry at all if this is true. We live in a high fraud country but he's a French citizen so can get in with the VWP and has 4x before. Thanks for the info!!

[thetruefinale 0]

We recently got married in Pakistan and will be applying for our CR1 as soon as the documents are translated, etc. After we file, is there any way my husband could get a visitor visa to come here? My brother has some severe health issues, including MD and heart problems, and I would love for him to meet my husband sooner than later. My husband has 2 businesses in Pakistan, a house, kids, etc., so he has many ties there.

Would we just be wasting our money? Thanks for the info.

Hi, I'm in a similar situation to you guys, though we got married in US instead. We sent in the application for CR1 around the same time as you, in November, and we've since received the NOA1. Did he try applying for the tourist visa and if so, how did it go?

[Jackie79 1]

Hi Guys,

Really great thread, thanks for sharing your experiences. I'm married to a US citizen and we both live and work in the UK at the moment. We've been married for 4 years and will, therefore, apply for an IR-1 visa when the time comes to move back to the USA. I teach at a university in the UK and I'm currently doing my Ph.D., which has another 3 years and 4 months to run, so we have decided that my partner will go back to the USA in about 18 months time, to set up home and that I will travel out for extended periods once term time has finished (obviously within the rules and probably, 2 weeks at Christmas, 90 days in the summer etc). We won't apply for my IR-1 until I'm ready to move (2019), so I'll be traveling on a tourist visa. Do you think, in your experience, this is a plausible plan?