Pending CR1 visa - travelling on B1

[RM1996 4]

Hi! 

My partner who is a US citizen is planning on moving back to America - we are currently living in Australia together, waiting for our NOA2. I have my B1 visa and wanting to stay with her over there for 6 months while we wait for my CR1 visa interview. 

I’m only worried because I will have to quit my job and end my lease with her. Will this be enough information to tie me back to Australia? 
 

- Savings (more than enough to support me over there)
- Credit cards, bank statements in Australia (I pay an annual fee on my credit card)
- Phone Bill 
- Australian Private health insurance 
- A letter from petitioner saying I’ll be staying for 6 months 
- Work documentation from Petitioner jobs
- Return trip booked 
- Strong ties to Family (letter from a doctor - family members are sick) 
- Travel insurance 
- Nursing registration 
- Marriage certificate 

 

I was planning on selling my car prior but I can keep it if this will support my case by having my registration papers, and the x2 insurances on it. 

[SalishSea 16,862]

8 minutes ago, RM1996 said:

Hi! 

My partner who is a US citizen is planning on moving back to America - we are currently living in Australia together, waiting for our NOA2. I have my B1 visa and wanting to stay with her over there for 6 months while we wait for my CR1 visa interview. 

I’m only worried because I will have to quit my job and end my lease with her. Will this be enough information to tie me back to Australia? 
 

- Savings (more than enough to support me over there)
- Credit cards, bank statements in Australia (I pay an annual fee on my credit card)
- Phone Bill 
- Australian Private health insurance 
- A letter from petitioner saying I’ll be staying for 6 months 
- Work documentation from Petitioner jobs
- Return trip booked 
- Strong ties to Family (letter from a doctor - family members are sick) 
- Travel insurance 
- Nursing registration 
- Marriage certificate 

 

I was planning on selling my car prior but I can keep it if this will support my case by having my registration papers, and the x2 insurances on it. 

It sure looks like you’re planning to stay and adjust on that B visa.   People visiting the US don’t quit jobs or sell cars.   Risky, IMHO.

[aaron2020 11,651]

This is how CBP will view your admission - coming on a non-immigrant visa to live in the US with your spouse while your CR-1 is in process.   You will quitting your job and your lease.  People don't do that when they go on vacation.  Looks more like someone leaving Australia and immigrating to the US.
 

Edited October 8, 2021 by aaron2020

[RM1996 4]

1 minute ago, aaron2020 said:

This is how CBP will view your admission - coming on a non-immigrant visa to live in the US with your spouse while your CR-1 is in process.   You will quitting your job and your lease.  People don't do that when they go on vacation.  Looks more like someone leaving Australia and immigrating to the US.
 

I sound so naive lol!! this is exactly what I’m worried about! I’m happy to keep my car, it doesn’t matter but working as a Full-Time Registered Nurse I can’t take 6months off, my manager would be beside herself. I’ll be working casual by the time I plan to go over and can have 4-6months off working without loosing my casual entitlement/position but even then I’m still worried about their opinions 

[JeanneAdil 6,244]

and USCIS says

do not sell property ,  buy  tickets or quit job till u have the visa in hand

 

when a CSB sees online you have applied for the CR1,  u would probably be turned away at POE (VJ member from just wrote about this on other post as she was turned away and the ESTA lost)

[SusieQQQ 11,585]

24 minutes ago, RM1996 said:

I’m only worried because I will have to quit my job and end my lease with her.

You will be cutting the main ties people use to show they’re return, to spend extended time with a usc spouse. You might get lucky but I’d think you have a high chance of being denied entry if you do that. Nothing else you mention is a real tie to go back - many people have abandoned their return legs of tickets before, you’re planning on leaving other family members behind when you get your spouse visa anyway, etc.

[SusieQQQ 11,585]

11 minutes ago, RM1996 said:

I sound so naive lol!! this is exactly what I’m worried about! I’m happy to keep my car, it doesn’t matter but working as a Full-Time Registered Nurse I can’t take 6months off, my manager would be beside herself. I’ll be working casual by the time I plan to go over and can have 4-6months off working without loosing my casual entitlement/position but even then I’m still worried about their opinions 

Casual work is not a tie 

countless people have had family or friends sell cars they left behind 

etc etc

Honestly, you will have no real ties to show.

[Redro 4,601]

4 hours ago, RM1996 said:

Hi! 

My partner who is a US citizen is planning on moving back to America - we are currently living in Australia together, waiting for our NOA2. I have my B1 visa and wanting to stay with her over there for 6 months while we wait for my CR1 visa interview. 

I’m only worried because I will have to quit my job and end my lease with her. Will this be enough information to tie me back to Australia? 
 

- Savings (more than enough to support me over there)
- Credit cards, bank statements in Australia (I pay an annual fee on my credit card)
- Phone Bill 
- Australian Private health insurance 
- A letter from petitioner saying I’ll be staying for 6 months 
- Work documentation from Petitioner jobs
- Return trip booked 
- Strong ties to Family (letter from a doctor - family members are sick) 
- Travel insurance 
- Nursing registration 
- Marriage certificate 

 

I was planning on selling my car prior but I can keep it if this will support my case by having my registration papers, and the x2 insurances on it. 

Are the Australian borders still closed? Do you think you will qualify for an exemption to leave Australia?

Stating you will be staying 6 months while family members are sick seems to be a major contradiction. As you won't be able to quickly return to your family... flights might be cancelled/2 week quarantine. It would appear as if you are wanting to adjust status while you are in the States. 

It will also appear as if you are moving to the States with your partner if you fly together 

You could try to visit the States, but quitting your job and selling your car are two major red flags.

[SusieQQQ 11,585]

14 minutes ago, Kor2USA said:

Are the Australian borders still closed?

News last week about reopening 

 

https://www.cnn.com/travel/article/australia-international-travel-borders-intl-hnk/index.html
 

[RM1996 4]

4 hours ago, SusieQQQ said:

Casual work is not a tie 

countless people have had family or friends sell cars they left behind 

etc etc

Honestly, you will have no real ties to show.

Thank you! I appreciate the honesty. Glad I posted this. I don’t want to risk my visa! Fingers crossed our expedite goes through then 🤞🏼

[RM1996 4]

47 minutes ago, Kor2USA said:

Are the Australian borders still closed? Do you think you will qualify for an exemption to leave Australia?

Stating you will be staying 6 months while family members are sick seems to be a major contradiction. As you won't be able to quickly return to your family... flights might be cancelled/2 week quarantine. It would appear as if you are wanting to adjust status while you are in the States. 

It will also appear as if you are moving to the States with your partner if you fly together 

You could try to visit the States, but quitting your job and selling your car are two major red flags.

Thank you  the Aussie boarders are open only for Aussies! Exemptions to leave australia are no longer needed after November. No tourists yet. 1 week mandatory quarantine for us that will rapidly reduce for the vaccinated which I am :). I think I’m deffs not going to act on this idea. I’ve heard some aussies just going over with their car rego and nothing else! I would never want to risk my risk over something so small like this so thank you for your reply! 

Edited October 9, 2021 by RM1996

[Letspaintcookies 2,234]

13 hours ago, RM1996 said:

I’ve heard some aussies just going over with their car rego and nothing else! I would never want to risk my risk over something so small like this so thank you for your reply! 

Some get lucky, some don't 🤷‍♀️ you'll probably be fine with a shorter 2-3 weeks real vacation visit.

[SusieQQQ 11,585]

2 minutes ago, Letspaintcookies said:

Some get lucky, some don't 🤷‍♀️ you'll probably be fine with a shorter 2-3 weeks real vacation visit.

Exactly 

 

it’s also not just luck. Going over with “just your car reg” is very different depending whether or not you have a spouse in the US and an actual spousal petition in progress and are planning to go for 2 weeks or 6 months…

[Redro 4,601]

22 hours ago, RM1996 said:

Thank you! I appreciate the honesty. Glad I posted this. I don’t want to risk my visa! Fingers crossed our expedite goes through then 🤞🏼

I don't think you'd be risking your spousal visa. Instead you'd just be out some money (and a job if you quit it) if you are denied boarding. 

Hopefully your expedite request will come through and you can move with your spouse to the States. 

[HRQX 4,145]

8 minutes ago, RM1996 said:

i am going to the states from Australia with my partner and will be staying there for a bit over 4 weeks in December. I am getting nervous i'll be refused at the borders as this is my first time travelling there...

I'm curious. Why did you get a B-1/B-2 instead of travelling under the VWP?