Can My Foreign Spouse Visit Me While The CR1 Visa Is Being Processed?
Once you submit your CR-1 Spousal Visa Petition it can take many months to get approved and the good news is that your spouse can visit you on a tourist visa in the meantime.
Depending on the country your spouse lives in, they will need to apply for a tourist visa at the U.S. Embassy.
For countries that do not require a visa to travel to the United States such as Canada and Europe, your spouse can visit you for up to 6 months at a time on the Visa Waiver Program (VWP).
Unfortunately, if your spouse is from a high fraud country such as Nigeria, the U.S. Embassy may not approve a tourist visa no matter how much ties your spouse has to their home country.
The interesting thing is that the Customs and Border Protection (CBP) officers at the port of entry cannot see the petition that has been filed until you are at the stage of submitting your visa application (DS-260).
Increase Your Chances of Being Approved for a U.S. Tourist Visa:
- They have strong ties to their home country
- Letter from an employer with a date of return to work
- If you attend school, evidence of current school year paid
- Mortgage papers or rental agreement
- Copy of NOA1 (notice of action) document shows you are following process legally
- Printout of your flight itinerary showing your return flight
At the end of the day, the CBP officer at the port of entry makes the final decision and if he/she feels that your spouse may not return to their home country they will be denied entry.
No one wants to be denied entry at the airport or border so the safest and least expensive way to go is to wait until your CR-1 Spousal Visa application is complete and your spouse has the CR-1 visa stamped in their passport.
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