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Lauren14

Travel to U.S. while case is still processing?

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My husband is Canadian and we are still waiting for his cr1 visa approval. Can he still travel to the U.S. as a tourist if he can prove ties to his residence (i.e. rental agreement, business, bank accounts, etc)? Is there an actual law or policy for this? Or is it at the sole discretion of the CBP agent checking his passport at the border?

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Posted (edited)

* Moved from Waivers to IR-1/CR-1 P&P forum *

 

15 minutes ago, Lauren14 said:

Can he still travel to the U.S. as a tourist if he can prove ties to his residence (i.e. rental agreement, business, bank accounts, etc)?

Absolutely.

 

15 minutes ago, Lauren14 said:

Is there an actual law or policy for this?

Yes. The same rules for entry apply before or after petition approval, or visa is issued.

Once the visa is issued, generally they will admit using the immigrant visa instead.

 

15 minutes ago, Lauren14 said:

Or is it at the sole discretion of the CBP agent checking his passport at the border?

Yes it is, as  always.

 

tldr: Same rules apply as before when visiting.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Every visa entry is at the discretion of the CBP Officer on duty at the time. That applies whether you have a pending immigrant visa case or not. The rules don’t change once the petition is filed. 


 

 

 

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