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Zolasmom

Wife has a Tourist visa, what happens when husband (GC holder) files a petition?

By Zolasmom in Bringing Family Members of Permanent Residents to America

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Zolasmom Newbie

Zolasmom   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
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Hello! I would like to ask for your inputs on this matter. I have a 10-year multiple entry US tourist visa and am now married to a green card holder. If he files my petition now, would I be permitted to enter US? We talked to a lawyer before and he said there is a risk that I might not be able to gain entry when I go to the US. Is this true? Is there anyone out there who experienced something like this? Thanks in advance for your inputs!

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

Yes, it's true. No one is never guaranteed entry in any situation, but when you have a pending immigration petition, you are effectively an intending immigrant, and entry on a non-immigrant visa becomes much harder. There is no way to know for sure whether you will be let in or not - the only way to find out is to try, and be prepared to return home if they won't let you in at POE. You can try to bring evidence with you to show reasons why you have to return home (like an ongoing lease, letter from employer, letter from school, etc.)

I assume you are planning to come and only visit, and then return home? Petitioning for a spouse takes much longer for a GC holder than a US citizen (a few years currently, I think), so what probably will end up happening is that if you file now, you'll be waiting until your spouse becomes a citizen, at which time you can upgrade your petition.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Oksana & Max Proficient

Oksana & Max   94

Posted
Filed: Lift. Cond. (pnd) Country: Ukraine
 Timeline
Posted

No one can tell you for sure if you will be allowed or not. Even without a petition there is a chance you can be denied entry. Just be honest with CBP officer and have NOA-1 with you just in case, to show them that you are in the process of getting an immigrant visa, and you might be fine.

Just as a side note. Since your husband is a GC holder, it might be several years before you even will be able to get your spousal visa to immigrate to the US.

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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

bigdog Veteran

bigdog   376

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

This is a tough one. Maybe no entry due to marriage, but then again? You might consult an immigration attorney on this, but you can do your own paperwork. This might take up to a year or more.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

n4th4ly4 Enthusiast

n4th4ly4   9

Posted
Filed: Citizen (pnd) Timeline
Posted

Hello! I would like to ask for your inputs on this matter. I have a 10-year multiple entry US tourist visa and am now married to a green card holder. If he files my petition now, would I be permitted to enter US? We talked to a lawyer before and he said there is a risk that I might not be able to gain entry when I go to the US. Is this true? Is there anyone out there who experienced something like this? Thanks in advance for your inputs!

that is the risk thats worth to try.. when u enter US, at POE try not to mention that ur husband is green card and currently filing petition for u. if they dont ask, dont tell them.. maybe just tell them u r in vacation.

just my 2cents$ hehe... :star:

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