B1 While Waiting for CR1

[djwalker60]

My wife has had a B1 visa before, she went to Hawaii in 2003. Now that we are married and submitting I-130 for her CR-1. Would it be a bad idea to try to get a B1 after I have sent in her I-130? this way she could spend 90 days here while waiting for her Visa approval? Anyone done this before? will this be bad when it comes to the Actual CR-1 Interview?

 

Thanks

Dan

[dnoblett]

Two options,

 

You can try for a B-Visa, Kyle had no problems with this.

 

Or you can file I-129F to get a K-3, entry to the USA and waiting for I-130 approval was K-3's original intent, however lately K-3 and CR-1 tend to take the same length of time to get.

[djwalker60]

Two options,

 

You can try for a B-Visa, Kyle had no problems with this.

 

Or you can file I-129F to get a K-3, entry to the USA and waiting for I-130 approval was K-3's original intent, however lately K-3 and CR-1 tend to take the same length of time to get.

 

 

We are going the CR-1 route, same amount of time as a K3. So file for the I-130 / CR-1 first then have her go for the B1? since she has already been here.. I am sure it won't be such a problem for her to get another one.

 

thanks

Dan

[Randy W]

Two options,

 

You can try for a B-Visa, Kyle had no problems with this.

 

Or you can file I-129F to get a K-3, entry to the USA and waiting for I-130 approval was K-3's original intent, however lately K-3 and CR-1 tend to take the same length of time to get.

 

 

We are going the CR-1 route, same amount of time as a K3. So file for the I-130 / CR-1 first then have her go for the B1? since she has already been here.. I am sure it won't be such a problem for her to get another one.

 

thanks

Dan

 

 

Just be prepared to be denied for the B-1 - almost all with a pending marital visa are. It CAN happen, bit is VERY unlikely.

 

Kyle's fiance's visitor's visa was issued before they submitted the I-130.

Edited January 25, 2010 by Randy W (see edit history)

[dnoblett]

Two options,

 

You can try for a B-Visa, Kyle had no problems with this.

 

Or you can file I-129F to get a K-3, entry to the USA and waiting for I-130 approval was K-3's original intent, however lately K-3 and CR-1 tend to take the same length of time to get.

 

 

We are going the CR-1 route, same amount of time as a K3. So file for the I-130 / CR-1 first then have her go for the B1? since she has already been here.. I am sure it won't be such a problem for her to get another one.

 

thanks

Dan

Yes have her try for a B-Visa, however be prepared for a denial, the CR-1 petition in process shows immigrations intent, and they can deny the B-Visa because of this, but you never know.

[Kyle]

It'll never happen if you've already applied for an immigrant visa. Unfortunately, you'll never be able to overcome the flight risk mindset that the VO will have - since you've already made your intentions to immigrate known by filing for the CR-1 (this is what our attorney friend told us). What if she changes her mind about the CR-1, or you guys (God forbid) get divorced? This is how they're going to look at that (flight risk). Our last B-2 visa was a good 7 months (from return date) to our I-130 filing.

 

Bust some tail in getting the CR-1 approved!!! You can do it.

Edited January 25, 2010 by Kyle (see edit history)

[dnoblett]

It'll never happen if you've already applied for an immigrant visa. Unfortunately, you'll never be able to overcome the flight risk mindset that the VO will have - since you've already made your intentions to immigrate known by filing for the CR-1 (this is what our attorney friend told us). What happens if your CR-1 is denied and she's in the States? This is how they're going to look at that.

 

Bust some tail in getting the CR-1 approved!!! You can do it.

Very true! I have seen on VJ people from UK or even Canada get denied entry at the POE because immigrant intent is indicated by the filing of the I-130 for a spousal visa.

 

VJ has this: (Says Finance, however applies also to spouse)

4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

 

This may actually be the most common question in the newsgroup, asked on a near daily basis.

 

A..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant."

 

A.. If the fiance(e)..."Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending". Proving an intention to return home might mean showing...

• Current enrollment in school
   
  
• Employment in the home country
   
  
• Strong family ties to the home country
  

This question does not have a good answer. Many people visit the US during the Process, but some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process.

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

[djwalker60]

It'll never happen if you've already applied for an immigrant visa. Unfortunately, you'll never be able to overcome the flight risk mindset that the VO will have - since you've already made your intentions to immigrate known by filing for the CR-1 (this is what our attorney friend told us). What if she changes her mind about the CR-1, or you guys (God forbid) get divorced? This is how they're going to look at that (flight risk). Our last B-2 visa was a good 7 months (from return date) to our I-130 filing.

 

Bust some tail in getting the CR-1 approved!!! You can do it.

 

 

 

So, it seems we can try to apply for the B1 / B2 after i send in the I-130 / CR-1. BUT..... It can be denied at the US Embassy in Guangzhou because they will see that we have a pending CR-1... Does this sound about right ? I guess we can try. Would be nice to have the wife here while they process our CR-1.. Also, once we get through USCIS phase 1, i am going to go through the electronic process. I just got back from Guangzhou and when i was there i talked with someone in the Embassy and he said it will speed up the process "Considerably" . Whatever that means.. But I guess we can try once i get the NOA1 back.

 

Thanks

Dan

[dnoblett]

It'll never happen if you've already applied for an immigrant visa. Unfortunately, you'll never be able to overcome the flight risk mindset that the VO will have - since you've already made your intentions to immigrate known by filing for the CR-1 (this is what our attorney friend told us). What if she changes her mind about the CR-1, or you guys (God forbid) get divorced? This is how they're going to look at that (flight risk). Our last B-2 visa was a good 7 months (from return date) to our I-130 filing.

 

Bust some tail in getting the CR-1 approved!!! You can do it.

 

 

 

So, it seems we can try to apply for the B1 / B2 after i send in the I-130 / CR-1. BUT..... It can be denied at the US Embassy in Guangzhou because they will see that we have a pending CR-1... Does this sound about right ? I guess we can try. Would be nice to have the wife here while they process our CR-1.. Also, once we get through USCIS phase 1, i am going to go through the electronic process. I just got back from Guangzhou and when i was there i talked with someone in the Embassy and he said it will speed up the process "Considerably" . Whatever that means.. But I guess we can try once i get the NOA1 back.

 

Thanks

Dan

Correct, and they are correct, the electronic processing eliminates the 3 month hold that happens when NVC mails files to the consulate.

 

Note, the US Embassy is in Beijing, there is a Consulate in Guangzhou. Embassies are ALWAYS located in a country's Capital City.

[Kyle]

Yes, opt for the electronic processing! It'll chop off a ton of waiting time. Click the below link for more information:

 

http://guangzhou.usembassy-china.org.cn/nv..._petitions.html