Travelling to the US while your filed petition IR1/CR1 is still on the process

[SueDre 4]

Hello members,

-We did our wedding  and are set to file our 1R1/CR1 I-130 petition by the first week of  December 2019.

-On the other had my son school has one(1) week trip to the USA by next year August 2020 whereby it is open to the parents as well meaning i can accompany him.

-The school will do all the document processing with the embassy ,tickets and hotel accommodations long as we pay, the visa will be valid for five years .

Well now our DILEMMA is:-

• If we decide to travel, will that affect our petition process? kindly advice.....
• Secondly, Is it appropriate to use the visa to get there in future just incase the petition takes long then we apply for  the Adjustment of Status ?
• Finally, the trip package is costly and we are again wondering will it be worthy perhaps the petition takes a year or a year and some months?

 

[Boiler 43,668]

No

 

No

 

A year and some months currently

Edited November 14, 2019 by Boiler

[Crazy Cat 39,520]

24 minutes ago, susankford said:

Hello members,

-We did our wedding  and are set to file our 1R1/CR1 I-130 petition by the first week of  December 2019.

-On the other had my son school has one(1) week trip to the USA by next year August 2020 whereby it is open to the parents as well meaning i can accompany him.

-The school will do all the document processing with the embassy ,tickets and hotel accommodations long as we pay, the visa will be valid for five years .

Well now our DILEMMA is:-

• If we decide to travel, will that affect our petition process? kindly advice.....
• Secondly, Is it appropriate to use the visa to get there in future just incase the petition takes long then we apply for  the Adjustment of Status ?
• Finally, the trip package is costly and we are again wondering will it be worthy perhaps the petition takes a year or a year and some months?

 

1.  No

2.  No.  You cannot legally enter the US via a tourist visa with the intent to stay and adjust status......that is visa fraud.

 

Edited November 14, 2019 by missileman

[Nat&Amy 623]

It is difficult to obtain a visitor visa (assuming you don't have one yet) because to do so you have to demonstrate you have no immigrant intent. With an ongoing spousal petition, it will be clear to the CO you intend to immigrate so that's an uphill battle;

 

If you DO have the visitor visa already, you might be allowed into the country but that will all depend on the CBP officer you encounter.

 

Some are willing to give people a chance;

 

Some have learnt that many people with a visitor visa and an American spouse enter the country and never leave, and those might give you a harder time;

 

No matter what, NEVER LIE. If you use a visitor visa to enter the country, you will be asked what the purpose of your visa is. To adjust status on your visit you would have to LIE because your plan is to immigrate.

 

Lie at the border = fraud. No one here will advise that, ever.

 

All you say to Immigration officers gets recorded. Don't jeopardize your future, stick to the spousal visa and follow the rules even if the wait is long.

 

[SueDre 4]

Thank you all for enlightening us, still looking forward to a few more advises if any but at this point from your very helpful opinions we can  atleast  think of what way to go.

Edited November 15, 2019 by susankford

[LilyJ 1,258]

Yes you can visit, no you cannot adjust status (fraud). Whether or not you receive a tourist visa, if you don’t already have one, is up to the CO at your interview, and if you do get one, whether or not you are allowed to enter the US is up to the CBP officer at your point of entry

[Boiler 43,668]

Advice on what?

[Ryan H 3,795]

Moved from Progress Reports to Process & Procedures.