For couples separated by international borders, one common question is: can my spouse visit me in the United States while waiting for a CR-1 (spousal) visa? The short answer is yes, but there are several important factors to consider before deciding to visit.
If you are in the process of applying for a marriage-based green card, it is generally possible to visit your spouse in the U.S. while your application is pending, but you would first need to apply for a B-2 tourist visa, depending on your home country. However, there are challenges and risks you need to understand. This article will walk you through the key steps, risks, and things to keep in mind if you’re thinking about visiting your spouse while waiting for your green card.
What to Expect When Visiting Your Spouse While Waiting for Your Green Card
Spouses of U.S. citizens or green card holders, especially those with a pending I-130 petition (the first step in the green card process), are often subject to extra scrutiny when visiting the U.S. If you’re visiting on a tourist visa, the immigration officer or Customs and Border Protection (CBP) agent might suspect that you intend to stay permanently before your green card application is approved.
Here’s what to expect depending on your situation:
If You Have a Pending I-130 Petition
If you’ve applied for your green card through consular processing (outside the U.S.), visiting while a pending I-130 petition is in progress is tricky. The U.S. immigration officer or CBP agent will want to know that you’re not planning to settle in the U.S. before your green card is approved. This can be hard to prove if you’ve already sold your property or quit your job in your home country.
It’s important to show that you plan to return home after your visit to avoid being denied entry. Even with a valid visa, U.S. immigration can refuse entry if they suspect you’re trying to bypass the green card process.
If You Don’t Have a Pending I-130 Petition
If you haven’t started the green card process by filing the I-130 petition, you won’t need to prove that you’re not trying to stay in the U.S. permanently. However, immigration officers may still suspect that you plan to avoid the green card process by entering the U.S. on a tourist visa and then applying for a green card after arrival. If that’s the case, it’s crucial to be clear about your intentions in your tourist visa application.
To strengthen your case, show that you have strong ties to your home country, like a job, educational commitments, or family responsibilities, that would make it impossible for you to stay in the U.S. long term. Never lie about your marriage to a U.S. citizen or green card holder, as this could harm your future green card application.
Other Factors That Impact Visa Approval
Several factors can influence whether your tourist visa will be approved and whether you will be allowed to enter the U.S. upon arrival:
Your Immigration History:
If you’ve traveled to the U.S. before without violating immigration laws, you’re more likely to be granted a tourist visa. However, any past violations, even a minor overstay, could hurt your chances.
Your Country of Origin:
If you’re from a country known for high immigration fraud rates, such as Brazil, China, or Mexico, you may face additional scrutiny when applying for a visa. You’ll need to prove strong ties to your home country to show that you plan to return.
Other Family in the U.S.:
If you have any immediate family members in the U.S., the immigration officer or CBP agent may question your intention to return home. Demonstrating that you have a confirmed travel plan with a return ticket can help.
How to Prepare for Your Tourist Visa Application
When you apply for a B-2 tourist visa, you must provide evidence that:
- You plan to return to your home country after your visit.
- Your stay in the U.S. will be temporary.
- You can financially support yourself during your visit.
This includes providing proof of strong ties to your home country, such as:
- A lease or mortgage showing your home is in your country.
- A letter from your employer confirming vacation dates and your return to work.
- School enrollment confirmation if you or your children are studying.
- Proof of property ownership in your country.
Providing evidence like bank statements or credit card statements to show that you can support yourself financially while in the U.S. can strengthen your application.
What Happens If I Change My Mind and Stay in the U.S.?
The U.S. government understands that plans can change, but you must be able to explain why you decided to stay in the U.S. instead of returning home as originally planned. For example, if you came to visit your spouse but had to stay due to a family emergency, you should be prepared to explain the situation during your green card interview.
The 90-Day Rule
If you apply for a green card after entering the U.S. on a tourist visa, USCIS applies the “90-day rule.” If you engage in any of the following activities within 90 days of entering the U.S. on a tourist visa, USCIS may assume you misrepresented your intentions:
- Taking a job without proper work authorization.
- Enrolling in school without a student visa.
- Marrying a U.S. citizen or green card holder.
- Filing for adjustment of status (green card application).
To avoid suspicion of misrepresentation, it’s best to wait at least 90 days before applying for a green card or taking these actions. If you apply for a green card before the 90 days, you’ll need to prove that your change of plans was genuine.
Traveling While Waiting for Your Green Card
If you leave the U.S. while waiting for your green card, you may need to apply for “advance parole,” which allows you to return to the U.S. without jeopardizing your green card application. This document must be approved before you leave the U.S. to avoid complications.
Visiting your spouse in the U.S. while waiting for a green card is possible, but it comes with certain risks. It’s important to be honest about your intentions and to present clear evidence that you plan to return home after your visit. By following the correct procedures and understanding the potential challenges, you can reduce the risks involved in visiting your spouse during the green card process.
FAQs
Can my fiancé visit me in the U.S. while waiting for a K-1 fiancé visa?
Yes, the same rules for spouses apply to fiancés awaiting a K-1 visa. However, there may be additional challenges, as fiancés are expected to marry within 90 days of arriving in the U.S.
What is the typical wait time for a CR-1 visa?
The CR-1 visa processing time varies depending on whether you are married to a U.S. citizen or a green card holder. Typically, it takes between 11.4 and 15 months for a U.S. citizen spouse and 29 to 40 months for a green card holder spouse.
How long can I stay in the U.S. with a CR-1 visa?
A CR-1 visa grants a temporary green card valid for two years. After that, you must apply to remove the conditions on your green card.
Can CR-1 visa holders work in the U.S.?
Yes, CR-1 visa holders can work in the U.S. as soon as they arrive.
Can CR-1 visa holders travel outside the U.S.?
Yes, but they should not stay outside the U.S. for more than one year, as this could affect their eligibility for citizenship or reentry.
Should I choose a K-1 or CR-1 visa?
The choice depends on your situation. If you’re already married, the CR-1 visa may be the best option. If you’re not yet married but want to marry in the U.S., the K-1 fiancé visa may be more appropriate.
What happens during the CR-1 interview?
The CR-1 interview evaluates the authenticity of your marriage. You’ll answer questions about your relationship and plans.
What is the income requirement for a CR-1 visa?
Sponsors must meet an income of at least 125% of the Federal Poverty Guidelines for their household size and location. For a couple with no children in the 48 contiguous states, the current requirement is $25,550.
