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Posted

Sure its possible. She will need to abtain an ESTA and meet the requirements (see link)

My link

She may need to provide significant ties to her home country to satisfy CBP, just because ESTA or a visa has been issued does not gaurantee entry.

6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
Posted

Thanks so much. We got some lawyer advice saying not to travel, but maybe they only meant during the removal of the 2 year J-1 residency requirement!

As far as I am aware (and our lawyer says as well) - there are no guarantees that you will be admitted at the POE, unless you can decisively prove that you're not sneaking in to file for adjustment of status (i.e. that you have sth in DK that justifies you won't stay in the US). If you do not meet the requirements, you will be sent back. I don't think it it impossible, you just need to be very, very well prepared and take this seriously - it's a shame to lose your ticket. Just having an ESTA and flying over there will not be sufficient while you have an application pending.

My lawyer suggested to get any proofs from jobs, schools, leases, etc you can think of. Basically: not impossible, but tricky.

Som vi siger på dansk: rettidig omhu! ;)

 
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