london2nyc

Hi Guys,

A question that I cant seem to find online which I am hoping someone knows the answer to..

CR-1 London DCF Spousal visa.

If for example my passport and visa are returned to me at the end of January 2018 but we do not plan to move permanently until the end of March 2018 because of giving notice on our current apartment in London and selling an investment property.

My question is, if I travel to the US alone and whilst my wife is still in London prior to our official move in March am I able to enter the country on my ESTA and not activate my CR-1 spousal visa? I may have to travel over for interviews / meetings prior to our move to lock in a job.

Basically I don't want to activate my US visa prior to the property sale closing otherwise I will be hit with US taxes on the sale when I am not even living there yet.

Thanks for your help!

tom169

I think there is some terminology mix up. Your visa is "active" between the issue date and the expiry date for a total of 1 entry.

You cannot enter the US on a CR-1 without the spouse having entered before you or with you. This is due to the I-864.

Therefore you will have no option but to ask for entry using the VWP. Whether the officer allows entry when you have a CR-1 in your passport will be up to him/her.

S Folinsky

The term "activation" is a creature of internet forums and will puzzle DHS and State Department officers. An immigrant visa is "active" in the sense it is valid for one use. In fact, use of the visa invalidates the visa. That said, use of the visa might be said to "activate" the status of "lawful permanent residence."

Notionally speaking, it is possible to use ESTA-VW to enter the US on prior admissions. I have no idea how the POE people would handle it.