Travelling on tourist visa whilst waiting for I-130

[PBabz 137]

1 hour ago, Dags said:

It seems to be pretty successful to travel with pending I-130 😊 

 

Did anyone travel to US whilst waiting for visa interview at an embassy? 

That was the stage I was in when I went for my visit back at the end of August.

Currently waiting interview.. hope that puts you at ease that things should be fairly straightforward if and when you do plan a visit. 

[danielba 23]

On 10/14/2020 at 7:10 AM, PBabz said:

That was the stage I was in when I went for my visit back at the end of August.

Currently waiting interview.. hope that puts you at ease that things should be fairly straightforward if and when you do plan a visit. 

Same here. My case closed on 6/1 and I went to the US to visit my husband in late July - I told the CBP Officer I was there to visit my husband and I had no problem. I stayed in the US for 5 weeks and I'm planning to visit him again in February.

[AAmelie 16]

On 9/1/2020 at 1:55 AM, Lighthouse111 said:

Thank you. good luck!

Hey! I am so sorry for getting back to you so late on this.

My experience at London Heathrow was not a simple one. It helped that I had my original marriage certificate but my husbands driving license as a form of his ID was not sufficient. I called my husband frantically (worrying I was going to miss my flight) and luckily he woke up and answered and emailed me a copy of his birth certificate. The documents were shown to 2 agents working for the department of homeland security working in the Heathrow airport. They asked me for proof I would be returning, which I showed them. After all of that, I was finally allowed to go through security. Right as I was about to board the plane, the staff at the gate told me that they had to make some calls to make sure I could get on the flight. I kindly explained that they did not need to as I had already spent around 1-2 hours with an agent from the department of homeland security to which they responded by saying nothing and letting me on the plane.

When I landed at LAX, everything was seamless. I spoke to the customs and border protection officer who asked me why my husband and I have been doing long distance for so long (3 years) and I explained we had an application in process and were waiting to hear back from the USCIS. He then stamped my passport and let me in! I did not anticipate having an easier and better experience in LAX than in Heathrow but it turned out to be that way.

 

I hope this helps!

[Bri and Thor 3]

My wife (Colombian citizen) flew here to visit me (US Citizen) on October 4 into ATL for ~6 weeks (until the middle of November). We are pursuing a CR-1 currently (currently under review at USCIS Potomac Center since May).

 

She brought a copy of our marriage certificate, a letter I wrote explaining the purpose of the trip (a visit for the first time since our wedding in January was planned for June/July, but COVID put a damper on that)/where I live/my employer/etc, return flight information, as well as a copy of my passport. From what she described, the agents in Atlanta were not exactly friendly (she said she felt like they treated her like a criminal at first) but they let her in and we've been enjoying every moment of her visit.

 

Her visa is stamped to where she can stay for 6 months, even though her return ticket indicated a ~ 6 week stay. The original plan had been for her to return to Colombia for 4 weeks and then return here for another stay until the end of January, but recently we have discussed the idea of changing the flight from November to the end of January (essentially combining the two 6-week trips with a month in between into one long trip (still within the amount of time allotted on her visa). The main reasons for extending the trip is a) save on airfare, b) her experience in Atlanta was stressful on her, c) it's more time to spend together and d) less exposure to COVID risks while traveling.

 

My question is this: will this cause any problems for us later on in the CR-1 process, or on any subsequent visits while still in the USCIS or NVC stages? Cheers, and thanks for any insight y'all may have for us!

[Ryan H 3,790]

6 minutes ago, Bri and Thor said:

My question is this: will this cause any problems for us later on in the CR-1 process, or on any subsequent visits while still in the USCIS or NVC stages? Cheers, and thanks for any insight y'all may have for us!

 

Will not be an issue.

[Ericka Womack 33]

On 10/24/2020 at 9:09 PM, Bri and Thor said:

My wife (Colombian citizen) flew here to visit me (US Citizen) on October 4 into ATL for ~6 weeks (until the middle of November). We are pursuing a CR-1 currently (currently under review at USCIS Potomac Center since May).

 

She brought a copy of our marriage certificate, a letter I wrote explaining the purpose of the trip (a visit for the first time since our wedding in January was planned for June/July, but COVID put a damper on that)/where I live/my employer/etc, return flight information, as well as a copy of my passport. From what she described, the agents in Atlanta were not exactly friendly (she said she felt like they treated her like a criminal at first) but they let her in and we've been enjoying every moment of her visit.

 

Her visa is stamped to where she can stay for 6 months, even though her return ticket indicated a ~ 6 week stay. The original plan had been for her to return to Colombia for 4 weeks and then return here for another stay until the end of January, but recently we have discussed the idea of changing the flight from November to the end of January (essentially combining the two 6-week trips with a month in between into one long trip (still within the amount of time allotted on her visa). The main reasons for extending the trip is a) save on airfare, b) her experience in Atlanta was stressful on her, c) it's more time to spend together and d) less exposure to COVID risks while traveling.

 

My question is this: will this cause any problems for us later on in the CR-1 process, or on any subsequent visits while still in the USCIS or NVC stages? Cheers, and thanks for any insight y'all may have for us!

This same thing happened to my husband. He flew into Miami and they have never treated him poorly before but treated him like a criminal trying to get him to say he did things he didn't do...It was really traumatic for him because he has been to the US for work or vacation and has never been treated that way before. You should have no problem changing your flight...if they gave you six months then you will be fine

[James D 39]

On 7/30/2020 at 11:50 AM, Dags said:

hey guys,

 

i've been reading about travelling on tourist visa or visa waiver during I-130 pending approval and I've seen mixed feedback about it. Has anyone here actually travelled to US on tourist visa whilst waiting for approval? If so, did you get some trouble when entering US borders?

 

Thanks! 

Interesting conversation here.

Will the consulate issue a tourist visa once all documents have been uploaded to CEAC and we are waiting for review for the interview being granted? Looks like it will be two months before our docs are reviewed, and may be another couple of months before the interview.

 

[Troy B 221]

3 hours ago, James D said:

Interesting conversation here.

Will the consulate issue a tourist visa once all documents have been uploaded to CEAC and we are waiting for review for the interview being granted? Looks like it will be two months before our docs are reviewed, and may be another couple of months before the interview.

 

Once you start an immigration petition you are highly unlikely to be approved for a tourist visa, as there is now immigration intent which must be overcome at the embassy.   But if you willing to waste the money,  feel free to try.   And report back here if you are successful.

 

btw  if your wife is in Brazil,  I think your "another couple of months before the interview" is widely optimist.   The have not done interviews since what March 2020,  so have a back log of interviews to do.   You are probably looking at mid to late 2021 for an interview at RJ.

[James D 39]

On 11/10/2020 at 2:45 PM, Troy B said:

btw  if your wife is in Brazil,  I think your "another couple of months before the interview" is widely optimist.   The have not done interviews since what March 2020,  so have a back log of interviews to do.   You are probably looking at mid to late 2021 for an interview at RJ.

That can be good news or bad. For one, we are more likely to get a tourist visa since the interview is so far off. She does have property here and other responsibilities so definitely would intend to return shortly. For another, hopefully this pandemic softens up by then as we would have to travel 3 hours by plane to RJ, stay in a hotel for 4 nights to await the medical visit results and fly back. Not too happy about all the exposure.

[Troy B 221]

7 minutes ago, James D said:

That can be good news or bad. For one, we are more likely to get a tourist visa since the interview is so far off. She does have property here and other responsibilities so definitely would intend to return shortly. For another, hopefully this pandemic softens up by then as we would have to travel 3 hours by plane to RJ, stay in a hotel for 4 nights to await the medical visit results and fly back. Not too happy about all the exposure.

 

Actually no.   In other countries where the embassy has started processing visas they have started with IR1/CR1,  they have not opened up tourist visa for processing.

[James D 39]

On 11/11/2020 at 5:46 PM, Troy B said:

 

Actually no.   In other countries where the embassy has started processing visas they have started with IR1/CR1,  they have not opened up tourist visa for processing.

Just have to wait and see. But in our case, a tourist visa would be processed at a different consulate from the IR1.

I just remembered that after the medical, if the IR1 is approved, we have to travel to the USA within 6 months, so good chance we can get a vaccine before the long trip.

[Jens79 64]

8 hours ago, James D said:

Just have to wait and see. But in our case, a tourist visa would be processed at a different consulate from the IR1.

I just remembered that after the medical, if the IR1 is approved, we have to travel to the USA within 6 months, so good chance we can get a vaccine before the long trip.

Also, you can not apply for another visa when you already have a pending visa application. You can only hold one vis at a time, so when you are granted a new visa, any other valid visa that you have will automatically be cancelled. 

 

If you're not from a visa visa waiver country (ESTA) you have to apply for a visitor (B)-visa before you start any other visa application. Once you've started the another visa process the B-visa route is closed. If you hold a valid B-visa when your K1/CR1/IR1 (or any other visa) is granted, your B-visa will be cancelled and you need to travel on your new visa.

[JKLSemicolon 327]

On 11/14/2020 at 4:47 PM, Jens79 said:

Also, you can not apply for another visa when you already have a pending visa application. You can only hold one vis at a time, so when you are granted a new visa, any other valid visa that you have will automatically be cancelled. 

 

If you're not from a visa visa waiver country (ESTA) you have to apply for a visitor (B)-visa before you start any other visa application. Once you've started the another visa process the B-visa route is closed. If you hold a valid B-visa when your K1/CR1/IR1 (or any other visa) is granted, your B-visa will be cancelled and you need to travel on your new visa.

I agree with you about a B visa being cancelled when another visa such as a CR-1/IR-1 is issued, however, I am not sure if your other statement about not being able to apply for another visa while you have a pending visa application is correct. This page seems to say otherwise and I recall reading cases in this forum that back that up.

 

In our case, we are planning to submit the I-130 paperwork for the CR-1/IR-1 visa and then have my wife submit her B-2 visa application afterward. The reason for this is to be able to be completely transparent in answering all of the questions for the B-2.

 

We understand that it's going to be a long shot no matter what. I'll try to post back in this thread if there are any relevant updates on our end.

[Troy B 221]

On 11/29/2020 at 12:08 AM, JKLSemicolon said:

I agree with you about a B visa being cancelled when another visa such as a CR-1/IR-1 is issued, however, I am not sure if your other statement about not being able to apply for another visa while you have a pending visa application is correct. This page seems to say otherwise and I recall reading cases in this forum that back that up.

 

In our case, we are planning to submit the I-130 paperwork for the CR-1/IR-1 visa and then have my wife submit her B-2 visa application afterward. The reason for this is to be able to be completely transparent in answering all of the questions for the B-2.

 

We understand that it's going to be a long shot no matter what. I'll try to post back in this thread if there are any relevant updates on our end.

Good luck.

[vtstang66 65]

I'm late to the party and didn't read the whole thing, but my wife (Mexico) had a tourist visa before we filed for the CR-1 (now IR-1), and she's used it several times to come visit me in the 2+ years since we filed.  Interesting point about trying to get the tourist visa after filing for the CR/IR-1; that might not be as smooth.

 

As to her experiences crossing the border, they vary.  It really comes down to who the border agent is and what mood they're in.  Sometimes they take her into the "little room" and interrogate her extensively.  The last time she came they basically waved her through.  Fortunately she hasn't been refused entry yet, but we're aware it could happen any time.

 

She always travels with all the evidence she can carry that she intends to return (affadavit of employment, lease, etc.)