Travelling to the USA while IR1 is in process

[slc12312 11]

I'm at a stand still in terms of submitting my packet 3 for my wife's IR1 visa. The standstill is because at this time, I can not get a divorce decree from 1978, otherwise we are ready to go with submission of everything else. Next week, I have to return to the U.S. to take care of my 90 year old mother and will be there indefinitely. I don't want to leave my wife behind. She does hold a valid tourist visa, which is good for another 8 years. With it, she can go to the U.S. as a "tourist" and stay for up to 6 months. That would allow her to travel with me, help me with my mom, and provide myself time to try and find that old divorce decree, probably with help of a lawyer. 

I have "heard" that it is not a good idea for her to travel as she may be denied at entry, due to the fact she is in process of getting a green card. Does anyone have any practical experience with this?

[Roel 7,192]

Everyone who is not US citizen can be denied entry. 

 

She can go to the US as a tourist not "tourist". You sound like you intent her to live and work in the US (yes, helping your mom will be considered work). Both are not allowed on tourist visa. Also no one can guarantee that she will be allowed 6 months. She might get 2 weeks allowed. 

 

Harsh truth is that immigration often equal separation and people just need to deal with that like adults. 

[slc12312 11]

11 minutes ago, Roel said:

Everyone who is not US citizen can be denied entry. 

 

She can go to the US as a tourist not "tourist". You sound like you intent her to live and work in the US (yes, helping your mom will be considered work). Both are not allowed on tourist visa. Also no one can guarantee that she will be allowed 6 months. She might get 2 weeks allowed. 

 

Harsh truth is that immigration often equal separation and people just need to deal with that like adults. 

I only said 6 months because we have gone twice, and that was what was stamped in her passport each time even though we had no intention of staying that long. No plans on working, and we will be traveling... just not the entire time. Just wondering if anyone has been denied entry while in process with their visa. 

[Roel 7,192]

1 hour ago, slc12312 said:

I only said 6 months because we have gone twice, and that was what was stamped in her passport each time even though we had no intention of staying that long. No plans on working, and we will be traveling... just not the entire time. Just wondering if anyone has been denied entry while in process with their visa. 

Plenty of people. Plenty of people has been allowed entry also. No one can tell you what will happen

 

[aaron2020 11,651]

8 hours ago, slc12312 said:

I only said 6 months because we have gone twice, and that was what was stamped in her passport each time even though we had no intention of staying that long. No plans on working, and we will be traveling... just not the entire time. Just wondering if anyone has been denied entry while in process with their visa. 

Lots of people have been deny entry.   Use the search function on VisaJourney and you'll see lots.