Travel to US during application process

[autex 0]

Hi folks,

Quick question - may have already been asked at one point, so pardon me if I've missed it.

I am an American, my wife is German, we both live in Germany. We wish to file with the consulate here for the Green Card, due to the fact that I will be pursuing a Masters Degree in the USA. Is it possible, once the application process has been started, for my German wife to still travel to the US with a tourist visa, albeit in the process of obtaining a Green Card?

Thanks in advance

[UK-USA-K1 128]

The only answer I can give is a resounding MAYBE

My situation is a little different as I'm in the K-1/fiancee visa process instead of spousal, but my fiancee is actually here right now visiting. She did get red carded at passport control coming into the country on the VWP (she's from the UK). The agent she spoke with said that they were letting her through since she has a good travel history in and out of the country, but also told her it would be best if she didn't come back again until the process was finished.

I think a lot of it will depend on your personal situation, your history and who you get at your POE.

I don't know if this was much help, but I thought I'd give a more recent occurrence in a similar situation (she just came here April 4

[Harsh_77 718]

Hi folks,

Quick question - may have already been asked at one point, so pardon me if I've missed it.

I am an American, my wife is German, we both live in Germany. We wish to file with the consulate here for the Green Card, due to the fact that I will be pursuing a Masters Degree in the USA. Is it possible, once the application process has been started, for my German wife to still travel to the US with a tourist visa, albeit in the process of obtaining a Green Card?

Thanks in advance

Legally there is nothing wrong with it, she can enter as tourist but it would be upto the officer at POE to let her in or not or for how long.

[autex 0]

Thank you Harsh and UK-USA.

UK-USA: I remember back before my wife and I got married, we had read something about the Fiance visa allowing you to get married in the states, and your non-resident fiance can stay there for as long as it takes to get through the green card application process. We found this appealing, but since we both lived and worked at the time in Germany, that of course wouldn't have worked out for us.

[UK-USA-K1 128]

Thank you Harsh and UK-USA.

UK-USA: I remember back before my wife and I got married, we had read something about the Fiance visa allowing you to get married in the states, and your non-resident fiance can stay there for as long as it takes to get through the green card application process. We found this appealing, but since we both lived and worked at the time in Germany, that of course wouldn't have worked out for us.

If you are already in the country on a visa and you fall in love and get married, you can adjust status and stay together during the process, but you can't come here with the purpose of marrying and stay here while you adjust status. It's one of those technicalities built into the system.

For us, she had things she needed to get done that would take through this summer, so using the K-1 process should work out well for us.

We all have different stories, and no matter how similar, each case is different. Hopefully though, we can all get through our processes in the best way for ourselves and lead happy lives with the ones we love

[JasMi 1]

I encountered no issues at POE when traveling with my husband (USC) to the USA. We filed I-130 and three weeks later had a trip planned to see family. Although my husband had a copy of his orders confirming residence in Germany, the Immigration Officer did not want to see it, nor did not ask any unusual questions other than the purpose of the trip and how long we were staying in the US.

[Clemjam 8]

I encountered no issues at POE when traveling with my husband (USC) to the USA. We filed I-130 and three weeks later had a trip planned to see family. Although my husband had a copy of his orders confirming residence in Germany, the Immigration Officer did not want to see it, nor did not ask any unusual questions other than the purpose of the trip and how long we were staying in the US.

I entered the US yesterday whilst our applications are going through.

The Immigration Officer found it strange that my husband had returned to live in the US without us (he couldn't get a job in France) so i explained that we had IR1s applications going through.

All he wanted to see was a copy of our return tickets which I showed him and off we went!

[elle13 15]

My husband filed our I-130 petition. 2 months later I travelled alone to the US to visit him whilst we wait for my interview date. I travelled on a one-way ticket (with an open return). The immigration officer did ask the purpose of my visit and I told him the truth. He then asked me if I was intending to live in the US this time round and I answered no. He asked me what my husband does for a living and where he lives. I answered all questions truthfully and he let me through for the usual 180 days. Am now back in my home country waiting patiently for the big interview!

[*Milly* 3]

Guys please help. I have almost the same question. My husband is a USC, he sent I 130 in december 2012 and we are waiting our NOA 2 now, 6 months passed since we saw each other, we have 1 year old daughter, she is living with me abroad, my husband missed our little girl a lot, he wants us to come with visitor visa while our case in process. He sent us all important documents for any case such as a letter from his work, payroll check showing his monthly salary and an invitation letter. Please advise should i have to try and apply for visitor visa, do i have any chance? anyway if i will get a visa i stay there couple weeks and come back to wait my interview here in my country.

Thanks everybody in advance

[stevie b 141]

Guys please help. I have almost the same question. My husband is a USC, he sent I 130 in december 2012 and we are waiting our NOA 2 now, 6 months passed since we saw each other, we have 1 year old daughter, she is living with me abroad, my husband missed our little girl a lot, he wants us to come with visitor visa while our case in process. He sent us all important documents for any case such as a letter from his work, payroll check showing his monthly salary and an invitation letter. Please advise should i have to try and apply for visitor visa, do i have any chance? anyway if i will get a visa i stay there couple weeks and come back to wait my interview here in my country.

Thanks everybody in advance

whatever the us citizen does to support your interest in obtaining a visitor's visa has absolutely NO bearing on the tourist visa. The applicant must provide the supporting information to assure the embassy that the visitor will return to their country. Even with that proof, my wife was denied. There are plenty of success stories on this topic so if you can afford to risk the money, go for it.

[*Milly* 3]

Yes i dont want to risk plus i am unemployed for now, taking care of my baby at home.