Visiting Visa While IR1-CR1 Is Pending

[americangirl717 1]

My husband and I just got married on Monday. We have only been officially engaged since March 26th, but we have had no problems so far visiting each other in our respective countries(I live in the US and he lives in Canada)He went back to Canada without any problem. He always comes prepared to show latest rent receipt or bank statements of check for rent, plus pay stubs from work. He typically visits me 3 days per week and I go to Canada one day/night. He was taken into secondary inspection area and questioned multiple times before we were engaged so we feel like its old hat now. Even though they have been hard at times, once he became accustomed to what he needs and is prepared, they have been very pleasant with him. Almost non chalant about things. he never stays very long and doesnt bring anything but clothes he needs. hes honest and open but it was intimidating at first. i hope now that he says hes visiting his "wife" the US Customs will still be as pl easant with him. we will find out on friday when he crosses this weekend. im doing all the name changing stuff so i can cross again with my new married name. i kind of expect Canada may need to question me. ill let you know how things go. our I130 is on hold til i get all my documents updated with new name and he still needs long form birth cert from Ontario to come too.

[laurenmat 2]

I'm going to visit my husband in June for the first time since we applied for the visa, and I'm incredibly worried.

I have family out there who I am also visiting, do you think I could just say I am visiting them rather than my husband or will it come up on there side that we've applied for a visa?

It'll save myself a lot of worry if I know I'm just going to say I'm visiting family!

Replies will be much appreciated, thank you! x

[Hotter Otter 1,211]

I'm going to visit my husband in June for the first time since we applied for the visa, and I'm incredibly worried.

I have family out there who I am also visiting, do you think I could just say I am visiting them rather than my husband or will it come up on there side that we've applied for a visa?

It'll save myself a lot of worry if I know I'm just going to say I'm visiting family!

Replies will be much appreciated, thank you! x

Although it's tempting to just mention family I wouldn't risk lying to the CBP officers or withholding information. The risk of you being caught not telling the truth is worse than them knowing you are visiting with a visa in process. All you need to do is show that you have ties to your home country. I've visited 3 times while my CR1 was in process and told them I was visiting my wife every time and all I was asked was how long I was staying and my occupation. One of them asked "who's moving where" and I explained about our CR1 but that was it.

[laurenmat 2]

Although it's tempting to just mention family I wouldn't risk lying to the CBP officers or withholding information. The risk of you being caught not telling the truth is worse than them knowing you are visiting with a visa in process. All you need to do is show that you have ties to your home country. I've visited 3 times while my CR1 was in process and told them I was visiting my wife every time and all I was asked was how long I was staying and my occupation. One of them asked "who's moving where" and I explained about our CR1 but that was it.

Yeah you are right, I have been speaking to my husband about it since I posted this and he has convinced me not to lie. Also, I am only going for 4 weeks whereas my last time I went for 12 weeks so it's less likely to raise an alarm with them.

I'll bring the NOA1 email, my job letter and my flight information on return and I should be just fine.

Thanks so much!

[london23 0]

I entered on a VWP got married filed for my I-130 then left America before my 90 days was up. My VWP does not expire until June 2015 however I miss my husband and want to visit, can I apply for a 6 month visit visa instead of using my VWP so that I can stay with him for longer? Or will this raise suspicions about my intent to return to the UK?

[RobbieG 94]

Anyone from Mexico with a pending I-130 Petition try to enter with a B2 to visit a spouse?

RobbieG

Dallas, TX

[Ryan H 3,791]

I entered on a VWP got married filed for my I-130 then left America before my 90 days was up. My VWP does not expire until June 2015 however I miss my husband and want to visit, can I apply for a 6 month visit visa instead of using my VWP so that I can stay with him for longer? Or will this raise suspicions about my intent to return to the UK?

You can apply; however, the visa will likely be denied and you would lose VWP privileges.

[Hotter Otter 1,211]

I entered on a VWP got married filed for my I-130 then left America before my 90 days was up. My VWP does not expire until June 2015 however I miss my husband and want to visit, can I apply for a 6 month visit visa instead of using my VWP so that I can stay with him for longer? Or will this raise suspicions about my intent to return to the UK?

As Ryan H says you'll probably be denied because of the I-130 and there are plenty of denials for tourist visas anyway from London because we already have the VWP and saying you need more than 3 months in the US just screams lack of ties. If you are denied you won't be able to enter on the VWP any more so if I was in your shoes I really wouldn't take the gamble.

[london23 0]

Thanks guys, I am also thinking of doing the adjustment of status i read the recent memo that says i can do AOS if i am a relative of a US citizen i can apply for adjustment of status. So i am thinking about waiting for my I-130 to get approved and then go back to America on my VWP and then apply for AOS before my VWP expires so i do not face the question of overstaying my VWP. I am thinking of doing this instead of the consular process, any guidance people? I got married in february in america and left america before my VWP expired and applied for my I-130 before I left, so surely they will not say that I came to America on my VWP to adjust status because I was planning on doing the consular process initially. Would they still classify this as visa fraud? According to the Law you can do AOS on a VWP

[B & G 200]

Thanks guys, I am also thinking of doing the adjustment of status i read the recent memo that says i can do AOS if i am a relative of a US citizen i can apply for adjustment of status. So i am thinking about waiting for my I-130 to get approved and then go back to America on my VWP and then apply for AOS before my VWP expires so i do not face the question of overstaying my VWP. I am thinking of doing this instead of the consular process, any guidance people? I got married in february in america and left america before my VWP expired and applied for my I-130 before I left, so surely they will not say that I came to America on my VWP to adjust status because I was planning on doing the consular process initially. Would they still classify this as visa fraud? According to the Law you can do AOS on a VWP

To use a VWP with the intent of immigrating to the US is visa fraud. And you have proven intent by discussing on here that you are planning on using your VWP to enter and adjust status.

People can adjust status in the US from a VWP, but they did not enter the US for that specific purpose. You are planning to enter the US just to immigrate.

To answer your question, yes they can surely think that you are going to the US to adjust status, even if you have filed the I-130.

If you choose to take this path, enter the US, lie at POE and adjust status, I would like to thank you on behalf of everyone on VJ going through this insufferable process, for being part of the reason why, quite possibly, the next time someone using a VWP to truly just visit their spouse, be denied entry to the US in fear that they just might do that you are planning to do.

Good luck

[london23 0]

To use a VWP with the intent of immigrating to the US is visa fraud. And you have proven intent by discussing on here that you are planning on using your VWP to enter and adjust status.

People can adjust status in the US from a VWP, but they did not enter the US for that specific purpose. You are planning to enter the US just to immigrate.

To answer your question, yes they can surely think that you are going to the US to adjust status, even if you have filed the I-130.

If you choose to take this path, enter the US, lie at POE and adjust status, I would like to thank you on behalf of everyone on VJ going through this insufferable process, for being part of the reason why, quite possibly, the next time someone using a VWP to truly just visit their spouse, be denied entry to the US in fear that they just might do that you are planning to do.

Good luck

I was just wondering if this was an option to explore I think you are being slightly presumptuous. Thanks for the slightly harsh response.

[B & G 200]

I was just wondering if this was an option to explore I think you are being slightly presumptuous. Thanks for the slightly harsh response.

In what way am I being presumptious? The more people abuse a certain privilege (which is what the VWP is) the more strict CBP officers will be when facing a person that has began the proper procedure by filing the I-130 and just seeking to visit their spouse.

The above poster stated that they are planning on waiting for the I-130 to be approved and then enter the US to adjust status.

My post might sound alil harsh, but its the truth.

[phyxsius 1]

Anyone here have any experience going over to the U,S without the intent of seeing their wife / husband?

We just filed our i-130 today, and I am going to the U,S for vacation with a few of my friends, will it be like just any other visit to the U,S for me? I will be on the VWP

[NikLR 13,220]

BTW changing your username doesn't change who the post came from

[Hotter Otter 1,211]

Anyone here have any experience going over to the U,S without the intent of seeing their wife / husband?

We just filed our i-130 today, and I am going to the U,S for vacation with a few of my friends, will it be like just any other visit to the U,S for me? I will be on the VWP

Shouldn't be a problem. One time I only got asked where I was going not who with so I just answered on vacation and told him where and that was all that happened so you might get that lucky. If you are asked just answer truthfully and say with friends, but make sure you have some proof of your itinerary with your friends so they can see what you are saying checks out.