Entering on tourist visa with open GC application?

[US/EU_in_Czech 6]

Hey all,

 

My wife has a valid tourist visa as well as an open green card application. We live outside the US but want to go back soon for a visit. Would she be allowed to enter on her tourist visa despite having an open green card case? We'd have return flights booked and all that. Thanks!

[SteveInBostonI130 3,319]

Green card case?  You mean an on going spouse visa process?

 

Yes, your wife can visit the US, at CBP discretion.  They may or may not ask about your ongoing case.  Just be honest when they ask. It helps if you have a definite itinerary and return ticket.

 

Also, I thought CZ is part of the visa waiver program?  Entering on VWP would be the same.

[US/EU_in_Czech 6]

My wife isn't Czech, we just live here. And yes, IR-1 is what I meant. She's been approved for the first stage, but that was right when COVID began, and we've kept her case open but held off on progressing to the medical check and interview phase while we wait things out and assess what we want to do.

 

But OK, thank you. We'll have our return flights booked and I'll also give them the address and phone number of the family member with whom we'll be staying.

Thank you!

Edited February 10, 2022 by US/EU_in_Czech

[Crazy Cat 39,151]

6 minutes ago, US/EU_in_Czech said:

and we've kept her case open but held off on progressing to the medical check and interview phase while we wait things out and assess what we want to do.

What does this mean?  She should be prepared to show strong ties to your residence country......

[US/EU_in_Czech 6]

Just now, Crazy Cat said:

What does this mean?  She should be prepared to show strong ties to your residence country......

It means that we're no longer set in our plans, but want to keep the option open to proceed with the IR-1 if we decide to move back to the US after all. I'd hate to have to start over and pay another application fee!

 

She doesn't work here or own property, but I have a full-time job. Probably not the most convincing sell 😕

[US/EU_in_Czech 6]

My job is actually remote, also...it'd really just be the flight tickets and the confirmation of the person we're staying with that we can show. Do you all think this is a big risk of us getting turned around and sent back?

Edited February 10, 2022 by US/EU_in_Czech

[Crazy Cat 39,151]

13 minutes ago, US/EU_in_Czech said:

My job is actually remote, also...it'd really just be the flight tickets and the confirmation of the person we're staying with that we can show. Do you all think this is a big risk of us getting turned around and sent back?

The return ticket is meaningless....Lots of people visit the US during the process.....but those are when the petitioner is already inside the US.  Is there a risk of being denied entry?  Yes.  Is it a significant risk?  No one can predict.  CBP might think you are trying to get around the wait for an interview.

Edited February 10, 2022 by Crazy Cat

[US/EU_in_Czech 6]

3 minutes ago, Crazy Cat said:

The return ticket is meaningless....Lots of people visit the US during the process.....but those are when the petitioner is already inside the US.  Is there a risk of being denied entry?  Yes.  Is it a significant risk?  No one can predict.  CBP might think you are trying to get around the wait for an interview.

Alright, thanks for letting me know. I can't imagine why they'd think we'd try and scam the process now when everything has already gone well, and we haven't done anything ourselves to advance her application for almost two years.

[millefleur 5,034]

Best advice has already been given: be honest and upfront, if you have nothing to hide then just give it a shot and see what happens. Plenty of people end up visiting in the exact same situation and never had issues.

[US/EU_in_Czech 6]

1 hour ago, millefleur said:

Best advice has already been given: be honest and upfront, if you have nothing to hide then just give it a shot and see what happens. Plenty of people end up visiting in the exact same situation and never had issues.

OK thank you, we'll do just that

[SalishSea 16,737]

11 hours ago, US/EU_in_Czech said:

Alright, thanks for letting me know. I can't imagine why they'd think we'd try and scam the process now when everything has already gone well, and we haven't done anything ourselves to advance her application for almost two years.

People do it every day, to try to circumvent the queues.

[US/EU_in_Czech 6]

3 hours ago, Jorgedig said:

People do it every day, to try to circumvent the queues.

What's the expectation, that somehow they'll be able to finish the process in the US and no one will realize that the applicant entered as a tourist?

[Dashinka 23,190]

4 hours ago, US/EU_in_Czech said:

What's the expectation, that somehow they'll be able to finish the process in the US and no one will realize that the applicant entered as a tourist?

Intent is determined at the border, so if someone comes into the US on a B2 and is admitted and plans change, they may stay and decide to adjust status.  Of course the intending GC applicant has to disclose their travel history, etc., but this happens regularly.  That being said, it is still ok to visit, but just keep in mind that CBP has the discretion to actually allow a B2 holder in. 

[Redro 4,570]

20 hours ago, US/EU_in_Czech said:

Hey all,

 

My wife has a valid tourist visa as well as an open green card application. We live outside the US but want to go back soon for a visit. Would she be allowed to enter on her tourist visa despite having an open green card case? We'd have return flights booked and all that. Thanks!

You might be fine. She might be denied entry. Depends on the mood of the officer. 

How far into the visa process are you?

Have you been DQ'ed or do you still have to submit the DS260, affidavit of support and police records? 

[US/EU_in_Czech 6]

1 hour ago, Kor2USA said:

You might be fine. She might be denied entry. Depends on the mood of the officer. 

How far into the visa process are you?

Have you been DQ'ed or do you still have to submit the DS260, affidavit of support and police records? 

Her I-130 was approved without incident and her case was transferred to the NVC. That was in March 2020, and we haven't done anything to advance it yet (but I've logged into the NVC account just to keep it open). The next step would be to pay the next fee and move on with the medical check and interview and all that.