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Travel while I-129F or I-130 is in process = ? [split topic]

By F&L in General Immigration-Related Discussion

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F&L Newbie

F&L   0

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Filed: K-1 Visa Country: Germany
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I do not fully understand how the regulations for entering the US differ while in process between CR1 and K-1 Visa. 

While K1 is in processs am I allowed to enter with a Tourist Visa the US as often as I want for 90 days as long as I exit everytime befor eth Tourist Visa is expired?

While Cr1 is in process am I also allowed to visit my partner with a tourist Visa ?

Thank you for your help! 

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TBoneTX Grand Master

TBoneTX   43,482

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Filed: Citizen (apr) Country: Ecuador
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*** The above was split from someone else's thread in a different forum. ***

------------

See the pinned threads in the K-1 Process forum and the CR-1 Process forum for answers.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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da95826 Rising Star

da95826   387

Posted
Filed: Citizen (apr) Country: Iran
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Posted
16 hours ago, F&L said:

I do not fully understand how the regulations for entering the US differ while in process between CR1 and K-1 Visa. 

While K1 is in process am I allowed to enter with a Tourist Visa the US as often as I want for 90 days as long as I exit everytime befor eth Tourist Visa is expired?

While Cr1 is in process am I also allowed to visit my partner with a tourist Visa ?

Technically a person could come to visit if they have a valid B1/B2 visa even with an immigrant visa under process. 

However, there is a chance they could be subject to additional scrutiny entering the USA. They must enter the US to visit with the intent to return to their home country.

If they intend to get married and stay when entering the US on a visit visa that would be a misrepresentation and would cause serious issues with USCIS. 

 

If they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, then that would be okay.

 

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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F&L Newbie

F&L   0

Posted
Filed: K-1 Visa Country: Germany
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Posted
5 hours ago, da95826 said:

Technically a person could come to visit if they have a valid B1/B2 visa even with an immigrant visa under process. 

However, there is a chance they could be subject to additional scrutiny entering the USA. They must enter the US to visit with the intent to return to their home country.

If they intend to get married and stay when entering the US on a visit visa that would be a misrepresentation and would cause serious issues with USCIS. 

 

If they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, then that would be okay.

 

Thank you for answering. I would return and nor risk my visa of course. 

I do not understand thi though : "f they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, then that would be okay." 

File for adjustment of what ? 

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Chancy Grand Master

Chancy   6,233

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
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Posted
11 hours ago, F&L said:

I do not understand thi though : "f they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, then that would be okay." 

File for adjustment of what ? 

 

That line is misleading.  Adjustment is not a legal option for you, whether you stay 10/30/60/90 days in a future visit to the US.  Traveling on ESTA or B visa with preconceived intent to stay and adjust status, then lying to CBP is fraud.  Don't do it.

 

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da95826 Rising Star

da95826   387

Posted
Filed: Citizen (apr) Country: Iran
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Posted
19 hours ago, F&L said:

I do not understand thi though : "f they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, 

To answer your question, Adjustment of Status is the process of converting one US immigration status like being on a student visa or visit visa to a Legal Permanente Resident status (green card holder). 

 

As indicated above when entering US on any non-immigrant visa like B1/B2, ESTA, F1 you cannot enter the US with the intent to stay or apply for a green card. 

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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