For the majority couples who live in different places, a large real question is: can my wife check out me as CR-step one charge (relationships green card) try pending? Generally speaking, sure, you can easily see your companion in the usa whenever you are their relationship-situated environmentally friendly credit software program is pending. Based on and that nation you may be of, you would have to get a b-dos guests charge first. But before looking for this, it is vital to understand the pressures and you can risks involved.

Very first, you would have to encourage an enthusiastic immigration officer which you package to keep simply for a short while and you can do hop out brand new All of us just before your traffic charge expires.

But there is another type of hurdle to overcome next: After you get to the united states, a beneficial You.S. Lifestyle and you will Edging Safeguards (CBP) broker commonly “scan,” or matter, your during the border otherwise “port of entry” (in which visitors earliest individually enter the You). You’ll be asked to explain as to the reasons you are going to. The fresh CBP representative would upcoming decide – on their discernment – whether or not to enable you to go into (understood theoretically as “admission”).

You shouldn’t misrepresent your factor in going to the You, sometimes on a keen immigration function or ahead of an immigration manager otherwise a good CBP agent. You also have to never ever lie on the having a wedding in order to an effective You.S. resident or eco-friendly cards owner.

Despite a legitimate travelers visa, although not, you would not end up being secured entry. Sometimes, partners seeking to a green cards is denied entryway within border otherwise port out-of entry when good CBP representative finds out he is hitched so you can a person staying in the united states and now have an effective pending relationships green card application.

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Inside guide, we shall explore those risks in more detail, and how to try to get a travelers visa and you will normal circumstances discovered in the act.

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What to expect

Spouses out-of You.S. people otherwise green credit people – especially those which have an excellent pending We-130 petition (step one when you look at the obtaining a wedding-situated green cards) – will face extra analysis when visiting brand new U.S. For people who visit your partner on the a vacation charge, the immigration administrator control your application you will definitely suspect that you might be looking to in order to avoid new eco-friendly card technique to be with your lover ultimately.

When you yourself have good pending I-130 petition

Visiting the You.S. when you features a great pending We-130 petition was difficult. While you intend to live permanently on U.S. once you discover the eco-friendly cards, right now you must persuade brand new immigration officer otherwise CBP agent that you won’t be settling in the nation permanently yet.

Which can be difficult to do if you have already end the business and you may marketed all of your current possessions of your home nation. That’s why many people like to go to the You.S. before severing connections home.

It’s thus crucial that you introduce strong research that you decide to come back to your home country once their small visit – though there has been always a danger of assertion, due to the fact admission has never been protected.

If you don’t have an excellent pending I-130 petition

For people who have not started the marriage-centered green cards techniques yet – from the filing a we-130 petition – you might not need show that you are not race to settle on the U.S.

You may still deal with even more analysis when trying to get a trips charge or whenever coming in about U.S., not. The reason being brand new immigration administrator or CBP agent you can expect to suspect you decide to avoid the entire I-130 procedure – of the entering on a tourist charge then applying for good marriage-oriented eco-friendly credit just after you’re in the brand new U.S. (a system also known as “modifications out of reputation”).