Entering USA with tourist visa as a I-130 applicant

[EldestElderSon 3]

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 January 5, 2019 by EldestElderSon

[Lil bear 4,230]

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 

[geowrian 22,337]

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.

[vivostu 17]

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)?

[EldestElderSon 3]

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.

[Crazy Cat 41,918]

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.

[Crazy Cat 41,918]

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 January 5, 2019 by missileman

[JFH 12,190]

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. 

[EldestElderSon 3]

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....

[EldestElderSon 3]

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?

[JFH 12,190]

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. 

[Crazy Cat 41,918]

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 January 5, 2019 by missileman

[JFH 12,190]

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.

[EldestElderSon 3]

Okay.

 

If anything goes wrong and she gets detained, is there any way for me to contact her or her to contact me? I just want to have a contingency plan. Is there any procedure at CBP at the airport?

[carmel34 3,638]

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!