Are we allowed to visit to USA while visa application is pending?

[saracita 0]

Hi VJers,

Am totally stressing right now so hopefully some kind souls out there can help!

Right now my husband (Swedish) and I (American) are in the process of getting him a CR1/IR1 visa for entering the US. We currently live in Sweden with our two daughters, who have dual citizenship. Our original plan was to have the visa ready so we could move to the US by Sept 1, in time for our older daughter to begin school in the US. But now it looks doubtful that we will be approved by that date so we are trying to make another plan.

The new plan would be that we go to the US in August. My daughters and I should (as I understand it) have no problem as we are US citizens, even though I have been living in Sweden for the last 11 years, right? And my husband can come with us on a tourist visa and tell the customs officer that he is there on holiday and should have evidence (a return ticket and a letter stating has a business engagement ) to prove he has the intent to return to Sweden. Then he can hang out with us in Sweden during the month or so waiting time until he gets his interview appointment.

And during the time we are in the US is it legal for me to establish residence, rent an apt, and have my daughter register for school etc?

I guess my husband will not be able to work in the US until he gets his papers, which will suck, but at least we can go together.

Anyone know if this is totally wrong/illegal or if it would be ok to do this??

Any advice for what or what not to say while going through customs?

Thanks in advance!!

Sarah in Sweden

[bt1 42]

Hi VJers,

Am totally stressing right now so hopefully some kind souls out there can help!

Right now my husband (Swedish) and I (American) are in the process of getting him a CR1/IR1 visa for entering the US. We currently live in Sweden with our two daughters, who have dual citizenship. Our original plan was to have the visa ready so we could move to the US by Sept 1, in time for our older daughter to begin school in the US. But now it looks doubtful that we will be approved by that date so we are trying to make another plan.

The new plan would be that we go to the US in August. My daughters and I should (as I understand it) have no problem as we are US citizens, even though I have been living in Sweden for the last 11 years, right? And my husband can come with us on a tourist visa and tell the customs officer that he is there on holiday and should have evidence (a return ticket and a letter stating has a business engagement ) to prove he has the intent to return to Sweden. Then he can hang out with us in Sweden during the month or so waiting time until he gets his interview appointment.

And during the time we are in the US is it legal for me to establish residence, rent an apt, and have my daughter register for school etc?

I guess my husband will not be able to work in the US until he gets his papers, which will suck, but at least we can go together.

Anyone know if this is totally wrong/illegal or if it would be ok to do this??

Any advice for what or what not to say while going through customs?

Thanks in advance!!

Sarah in Sweden

You are a US citizen, so you have all the rights and privileges that brings: it is perfectly legal for you to do everything you outlined in your post. Yours husband may or may not have issues entering the US with an immigration petition pending. As for your daughters, if they are US citizens, as you stated, they should have no problems. Lycka till!!

[canafornia 7]

There should be no problem but allowing your husband to enter is the decision of the individual border guard. Bring lots of proof that he intends to return; your NOA1 ( to prove you are doing the immigration the right way) copy of a lease, return ticket, letter from an employer stating he is expected to return. Also make sure the return ticket does not have him overstaying the visitors visa (6 mos I think). Good luck!

[armanhange 0]

there won't be any problem.

you and your daughters can go to usa without any visa. plus sweden is in visa waiver program. so your husband does not need to apply for a tourist visa.

http://travel.state.gov/visa/temp/without/without_1990.html

he just need paperwork with him just in case to show that he intends to go back to sweden and return to usa when his greencard will be approved.

[bsd058 296]

Hi VJers,

Am totally stressing right now so hopefully some kind souls out there can help!

Right now my husband (Swedish) and I (American) are in the process of getting him a CR1/IR1 visa for entering the US. We currently live in Sweden with our two daughters, who have dual citizenship. Our original plan was to have the visa ready so we could move to the US by Sept 1, in time for our older daughter to begin school in the US. But now it looks doubtful that we will be approved by that date so we are trying to make another plan.

The new plan would be that we go to the US in August. My daughters and I should (as I understand it) have no problem as we are US citizens, even though I have been living in Sweden for the last 11 years, right? And my husband can come with us on a tourist visa and tell the customs officer that he is there on holiday and should have evidence (a return ticket and a letter stating has a business engagement ) to prove he has the intent to return to Sweden. Then he can hang out with us in Sweden during the month or so waiting time until he gets his interview appointment.

And during the time we are in the US is it legal for me to establish residence, rent an apt, and have my daughter register for school etc?

I guess my husband will not be able to work in the US until he gets his papers, which will suck, but at least we can go together.

Anyone know if this is totally wrong/illegal or if it would be ok to do this??

Any advice for what or what not to say while going through customs?

Thanks in advance!!

Sarah in Sweden

If your husband truly does have the intention of entering the US as a visitor and he intends to move back to Sweden within his visa period, then what you are suggesting is perfectly legal. Bring more evidence that he will be returning though. Not just an employment letter and return ticket. Maybe something like a title to a home or rental agreement (he's going to need a place to live in Sweden when he gets back) and possibly a registration to a vehicle if he has one back home.

If your husband intends to stay in the US and he enters as a visitor, he will be committing fraud and USCIS may not allow him back into the US for years to come. Make sure he can prove ties to Sweden.

[saracita 0]

Thanks you guys, I feel much better about everything now!

[baduk 0]

Thanks you guys, I feel much better about everything now!

Hey, I am not sure about this. Do you guys have a first hand experience ?? I was told, if the immigration officer decides to reject the entry of the applicant, that gets into the I-130 record ('red flag') and his I-130 can get delayed/jeopardized...

Make sure you know as a fact before giving advice. I know it all makes sense logically, but these immigration matters are not about logic...

BTW, if you do intend to go ahead with your plan, and it succeeds, please post it !!! I would like to bring my wife to US temporarily the same way !!!!

Edited June 21, 2012 by baduk

[richardkorea2010 15]

You should be fine to visit the US with your husband. I was in the US last year, with my wife, and we were asked 2 questions, and the immigration officer was really nice to us.

About red flags..As far as I know ,a tourist visa rejection would not delay or put your immigration plans in jeopardy.

I can also say. If your husband has proof that he will indeed return to Sweden, you should be fine,