Travelling on tourist visa while waiting for CR1

[userfriendly]

I have a question which I couldnt find an answer for. Can someone travel back and forth to the US with a tourist visa to see their spouse while the Spousal Visa is pending? Plans to stay for a week or so on each visit.
I dont see why not, but the embassy said it was not allowed. How would an immigration officer even know she is married and applying for a CR1... Thanks for shedding any light on the subject.

[utopiacowboy]

Do you seriously think they can't see a pending application? When my sister-in-law went to the US embassy to get a tourist visa, they asked her if she knew anyone living in the US. She answered truthfully that yes, her sister lived there. Good thing too because they already knew the answer.

[Jeff S]

It depends on from where and if she had the visa before filing the CR1 paperwork. From a country with a record of abuse, like Colombia and the Philippines, and if she has no tourist visa already - not much chance they'll ever issue one. From Brazil or Japan - no problem.

[Ray]

Technically, a married spouse awaiting immigrant visa processing could legally travel here on a visitor visa.

HOWEVER, since she is an intending immigrant, it is entirely likely that she would not be issued a nonimmigrant visa or possibly denied entry even if she was traveling on another existing visa.

Like Jeff pointed out, it also depends on her country and its fraud history.

How would an immigration officer even know she is married and applying for a CR1? Immigration officers know everything…at least it is wise to assume that they do. Attempting to enter by fraudulent means could result in a ban for several years or more.

Ray

[william3rd]

But- isnt that the purpose of the K3? To allow her entry while waiting for the IV processing? I dont believe that she can ever qualify for an NIV since she has immigrant intent as evidenced by the pending I130. . . . The language of the statutes tend to show that you are either coming as an intending immigrant or qualify as a temporary nonimmigrant. The scenario would not fit into the right pigeonhole. . . . .