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EldestElderSon

Entering USA with tourist visa as a I-130 applicant

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Posted (edited)

I am a US citizen and my wife is a Turkish national. She applied and received a tourist B1/2 visa. One month later we submitted an I-130 application for a green card on her behalf and I moved back to the USA. She plans to visit me in the USA on the tourist visa for 2 weeks.

 

I heard this can be a problem, since the green card application signals to the State Department or CBP officers that the visitor intends to stay permanently in the USA in the future. The State Department usually does not approve tourist visas to green card applicants. However, we applied for the tourist visa BEFORE submitting the I-130.

 

During her visit, we have no intent to adjust status or for her to stay permanently.

 

Despite that, will this situation cause a problem at a US port of entry for my wife? What can she do to demonstrate that she is not intending to adjust status/stay permanently to the CBP officer? She is planning to show her return ticket, employment contract, letter from employer, and a letter from me attesting that the visit is temporary to the border agent. Is there anything else we can do?

 

Thanks!

Edited by EldestElderSon

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4 minutes ago, EldestElderSon said:

I am a US citizen and my wife is a Turkish national. She applied and received a tourist B1/2 visa. One month later we submitted an I-130 application for a green card on her behalf and I moved back to the USA. She plans to visit me in the USA on the tourist visa for 2 weeks.

 

I heard this can be a problem, since the green card application signals to the State Department or CBP officers that the visitor intends to stay permanently in the USA in the future. The State Department usually does not approve tourist visas to green card applicants. However, we applied for the tourist visa BEFORE submitting the I-130.

 

During her visit, we have no intent to adjust status or for her to stay permanently.

 

Despite that, will this situation cause a problem at a US port of entry for my wife? What can she do to demonstrate that she is not intending to adjust status/stay permanently to the CBP officer? She is planning to show her return ticket, employment contract, letter from employer, and a letter from me attesting that the visit is temporary to the border agent. Is there anything else we can do?

 

Thanks!

It will be up to the CBP officer whom she encounters. Your evidence of strong ties is critical ..other documents such as property mortgage etc MAY strengthen or may not ... hope it goes well 

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36 minutes ago, EldestElderSon said:

Despite that, will this situation cause a problem at a US port of entry for my wife? What can she do to demonstrate that she is not intending to adjust status/stay permanently to the CBP officer? She is planning to show her return ticket, employment contract, letter from employer, and a letter from me attesting that the visit is temporary to the border agent. Is there anything else we can do?

It may or may not raise additional scrutiny.

Carry evidence of her ties to return home. Do not carry sensitive documents that could be used for AOS (i.e. birth certificate, police certificate, etc.).

The letter from you will not help. Arguably it will hurt...raising the issue about returning home or not is not wise IMO.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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5 minutes ago, geowrian said:

Do not carry sensitive documents that could be used for AOS (i.e. birth certificate, police certificate, etc.).

Police certificate for AOS (assuming beneficiary has never been arrested or detained)?

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Carry evidence of her ties back to her country, but don't offer any additional information unless asked, imo.  If asked, she (of course) must be completely truthful....good luck.....please let us know how this goes.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Posted (edited)
10 minutes ago, EldestElderSon said:

Thanks for the replies.

 

Does it help that she has multiple stamps of entering and exiting EU countries? It shows she has traveled before without intent to permanently stay.

I don't think it is relevant now since she has a husband living in the US and a pending documented intent to immigrate.

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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14 minutes ago, EldestElderSon said:

Thanks for the replies.

 

Does it help that she has multiple stamps of entering and exiting EU countries? It shows she has traveled before without intent to permanently stay.

But does she have a husband in those countries? Therein lies your difference. The simple fact is that entry is only ever guaranteed to USCs. All others must ask politely at the border and hope that the CBP officer agrees to let them in. I visited several times during the process but others were not so fortunate. 

 

A letter from you will do more harm than good and won’t be believed anyway. Save your ink and paper. 


 

 

 

 

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1 minute ago, EldestElderSon said:

Yes she did. We lived in Europe together and she has an EU residency card through me (I'm a dual citizen).

 

Not that it really matters to a border control agent....

If you are responding to me you have backed up my point. She travelled through Europe with you, because she likes to be with you, as any wife likes to be with her husband. She didn’t overstay in those EU countries because the two of you were together. Wanting to stay with her husband is the most normal desire for a wife. That’s exactly what she is going to be suspected of doing by the CBP agent. 


 

 

 

 

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Posted (edited)
3 minutes ago, EldestElderSon said:

I guess I shouldn't be too concerned. When they issued her a tourist visa, they knew she was married to a US citizen, so the concern of her entering to permanently stay or adjust status was still there, right?

EVERYTHING hinges on the thought of ONE person......the border agent with whom she come into contact with at the border.  He/she has COMPLETE discretion to allow her in or send her back....

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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2 minutes ago, EldestElderSon said:

I guess I shouldn't be too concerned. When they issued her a tourist visa, they knew she was married to a US citizen, so the concern of her entering to permanently stay or adjust status was still there, right?

Getting a visa is one thing. Being admitted into the country is another. A visa does not guarantee entry.


 

 

 

 

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She can call you from the airport if denied entry, and you can go spend time together in an EU country as you have done in the past.  My husband, who lives in Brazil, and I decided not to risk a denial of entry on arrival since we have an outstanding I130 petition, so I go to see him in Brazil and spend time on the beach together, and we have future trips planned for Canada and the EU.  Your only risk in trying is the cost of the airfare and feeling of rejection.  And CBP officers are unpredictable in what they will decide.  Good luck!

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