Traveling to US on B2 while CR1 is processing

[Paul&Anna 26]

I was planning on going to Kiev In two weeks to marry my fiancé. Two lawyers warned me that she will not be able to come into the country on her B2 visa during this process. I thought I read on here that it would be OK. Also she has been coming here for the past five years every summer as she is a schoolteacher in her country. So it would be the normal scheduled trips as we’ve always had. Can someone tell me their experience? Also we were wondering if she were to change her name there if it would cause a problem with the B2. And if we should wait until after she is here?

[USS_Voyager 1,971]

13 minutes ago, Paul&Anna said:

I was planning on going to Kiev In two weeks to marry my fiancé. Two lawyers warned me that she will not be able to come into the country on her B2 visa during this process. I thought I read on here that it would be OK. Also she has been coming here for the past five years every summer as she is a schoolteacher in her country. So it would be the normal scheduled trips as we’ve always had. Can someone tell me their experience? Also we were wondering if she were to change her name there if it would cause a problem with the B2. And if we should wait until after she is here?

As you may (or may not) know, admission into the US is the responsibility of the CBP. In other words, the visa only allows her to board a plane bound for the US and to present herself to ask for admission to the US from the CBP. The CBP has wide wide wide discretion on whether to admit an alien or not. 

 

All of that said, yes, she can still travel on her B2. It is still valid. Her circumstances have changed however, she now has a spouse who is a US citizen and presumably at that time an pending I-130 filing for her. She can still be admitted but expect to face extra scrutiny. She should bring documents of her ties to her country (employment, houses, family, ... ) and how she will return after this visit as a B2. What they don't want is for her to come in as B2 and adjust status in the US. Doing so would constitute misuse of the B2 visa and circumventing the consular process. Does it make sense?

[Paul&Anna 26]

4 minutes ago, USS_Voyager said:

As you may (or may not) know, admission into the US is the responsibility of the CBP. In other words, the visa only allows her to board a plane bound for the US and to present herself to ask for admission to the US from the CBP. The CBP has wide wide wide discretion on whether to admit an alien or not. 

 

All of that said, yes, she can still travel on her B2. It is still valid. Her circumstances have changed however, she now has a spouse who is a US citizen and presumably at that time an pending I-130 filing for her. She can still be admitted but expect to face extra scrutiny. She should bring documents of her ties to her country (employment, houses, family, ... ) and how she will return after this visit as a B2. What they don't want is for her to come in as B2 and adjust status in the US. Doing so would constitute misuse of the B2 visa and circumventing the consular process. Does it make sense?

Yes I completely understand that. I was just wondering if there are people here that actually do make it into the US. As a lawyer told me 100% no which is scaring us now. She has a career there. She has real estate there. She has kids there. Plenty of proof of ties. 

[USS_Voyager 1,971]

2 minutes ago, Paul&Anna said:

As a lawyer told me 100% no which is scaring us now

No, lawyer is wrong. There are people coming all the time. In fact, if I have to guess, I'd say the majority of the people in her shoes get in. It's the odds and ends that get special attentions. For example, one guy came for a "visit" but arrive with 8 suitcases and a horse, that's gonna get their attention. 

[Boiler 43,397]

We have a VJ mega thread that says you can and people do.

[designguy 1,179]

How is her CR1 processing if you haven't even married yet?

[HRQX 4,145]

56 minutes ago, designguy said:

How is her CR1 processing if you haven't even married yet?

Nothing has been filed since they are not yet married. OP is asking about the lawyer's incorrect statements.

[Suze1 366]

 

1 hour ago, designguy said:

How is her CR1 processing if you haven't even married yet?

He is asking for later AFTER he marries her!

She is his fiance now.

He will go there and then marry her.

During the summer, she would like to come to the US, as she has done in past summers.

No conflict here.

He is merely asking what WILL happen after they get married and after they have filed the CR1.

That is how I read it, anyway.

 

Paul&Anna - Yes, you can do what you want. Just be prepared to show strong ties to her home country, and I think you will be fine.

Edited December 18, 2019 by Suze1

[Paul&Anna 26]

1 hour ago, Boiler said:

We have a VJ mega thread that says you can and people do.

I saw that in the K1 section 

[Paul&Anna 26]

Thank you everyone!!!

[Duke & Marie 1,389]

9 hours ago, Paul&Anna said:

Yes I completely understand that. I was just wondering if there are people here that actually do make it into the US. As a lawyer told me 100% no which is scaring us now. She has a career there. She has real estate there. She has kids there. Plenty of proof of ties. 

Lawyer is wrong... we have a pending CR1 at NVC stage... I’m currently in the US, I arrived 3 days ago for a one month vacation, this is my 4th visit since we submitted our petition. 

[Paul&Anna 26]

1 hour ago, Duke & Marie said:

Lawyer is wrong... we have a pending CR1 at NVC stage... I’m currently in the US, I arrived 3 days ago for a one month vacation, this is my 4th visit since we submitted our petition. 

This is very good to hear! Thank you

[Duke & Marie 1,389]

34 minutes ago, Paul&Anna said:

This is very good to hear! Thank you

Forgot to answer part B of your question.. any change in her legal name will require a new passport.. with a new passport I’m 99.9% sure she’ll need a new visa.. (although I have read addmitance has occurred if they carried both old and new passport, truth behind that I can’t confirm)..

 

I updated my passport to reflect new name and got a visa straight after marriage prior to submittance of CR1 petition just in case. Applying to a new b2 after submitting CR1 application makes it tricky when trying to prove you have no immigration intent during B2 visits, because CR1 petition suggests otherwise.

 

But like you said, you can always change name at a later date. Name change is totally up to you guys after marriage. 

[Sarah&Facundo 576]

Granted we had a K1 in process, but it is basically the same idea. My husband visited the US twice between filing and moving here. No issues.

[HRQX 4,145]

55 minutes ago, Duke & Marie said:

with a new passport I’m 99.9% sure she’ll need a new visa.. (although I have read addmitance has occurred if they carried both old and new passport, truth behind that I can’t confirm)..

It's strongly recommended, but not required, by DOS to apply for a new visa: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions/about-basics.html "I changed my name. Is my U.S. visa with my old name still valid?"