For many couples living in different countries, one common question is: In those situations, is it possible to be allowed to go to the USA to visit my spouse while my green card is still under processing? For the most part, the answer is yes, you can come to the United States and visit your spouse while you wait for your marriage-based green card CR-1 visa. There are however some things that you have to consider in the process, some things that will complicate the process, and other things that will point out to you the dangers of the process. Below are some distinctions, which will help to orient you in this case.
What can I do to go and see my spouse while awaiting my Green Card?
In case you want to come to the United States to join your spouse while your green card application is pending, you have to start by applying for a B-2 tourist visa. Depending on where you reside, you have to provide proof that you intend to travel to such a destination for a temporary visit and then go back to your country before the expiry of your tourist visa. However, there are still things that we should contemplate when seeking EPR, and before going forward we should look into some prized points that we are likely to encounter during this period.
Challenges at the U.S. Border
If you get a tourist visa there is no guarantee you will be allowed into the United States. When you get there the officer from the United States Customs and Border Protection (CBP) will examine the port of arrival and ask you the reason for your visit. If you are already legally married to a U.S. citizen or permanent resident of the U.S., and there is an open green card process to the U.S., such an officer might be suspicious that you intend to be an immigrant in the United States indefinitely. It could reach a point where they even deny you entry.
They will disqualify your application for a green card in the future if you are caught having bad intentions of staying in the United States of America. Given this, it is better if you tell the truth and be ready to defend yourself so that your case is understood.
What to Expect During Your Visit
If you’re the spouse of a U.S. citizen or green card holder and your I-130 petition (the first step in obtaining a marriage-based green card) is pending, immigration officers may look closely at your visa application. They could suspect that you’re trying to use a tourist visa as a shortcut to get your green card faster. This could lead to additional scrutiny at the border, and it could increase the chances of a visa denial.
Let’s look at your situation based on whether or not you’ve already started the green card process:
- If You Have a Pending I-130 Petition
- If you’ve already filed for a marriage-base
Getting a green card through consular processing (i.e., you’re applying from outside the U.S.), and visiting the U.S. while your I-130 petition is pending can be tricky. This is because, although you plan to live permanently in the U.S. once you get your green card, the officer needs to be convinced that you don’t plan to settle in the U.S. right away.
It can be difficult to prove this if you’ve already quit your job or sold property in your home country. Therefore, many people decide to visit the U.S. before making any major changes to their lives back home. You’ll need to present strong evidence to show that you plan to return to your country after your short visit. However, even with strong evidence, there’s still a risk of denial at the border, since there’s no guarantee you’ll be admitted.
If You Haven’t Filed an I-130 Petition Yet
If you haven’t started the marriage-based green card process (by filing an I-130 petition), you won’t need to prove that you’re not trying to move to the U.S. permanently. However, you may still face additional scrutiny when applying for your B-2 tourist visa or upon arrival at the border. The immigration officer may suspect that you are planning to use the tourist visa to enter the U.S. and then apply for a green card after you’re already inside (a process known as “adjustment of status”).
To avoid complications, it’s a good idea to show that you don’t have immediate plans to move to the U.S. permanently. You could provide evidence of:
- Employment or educational commitments in your home country.
- A confirmed return flight and clear plans to leave the U.S. on a specific date.
- And remember to always tell the truth about your relationship with your spouse. Lying on your application could jeopardize your future ability to get a green card.
Other Factors That Can Affect Your Tourist Visa Approval
When applying for a B-2 tourist visa, other factors could influence whether or not your visa is approved:
Your Immigration History:
If you’ve previously visited the U.S. and followed the rules (i.e., didn’t overstay your visa), you’ll have a better chance of being approved for a tourist visa. However, if you’ve violated U.S. immigration rules in the past (even if it was something minor like overstaying a previous visa by one day), you may have a harder time getting approved.
Your Country of Origin:
If you’re from a country that has a high rate of immigration fraud, it may be harder for you to convince the immigration officer that you only intend to visit temporarily. Countries like Brazil, India, and Mexico have historically had higher rates of immigration fraud. This makes it especially important to prove strong ties to your home country.
Other Family Members in the U.S.:
If you have other family members in the U.S., especially immediate relatives, this could raise red flags for the immigration officer. They may believe that you’re less likely to return to your home country if you have strong family connections in the U.S. To address this, make sure to show evidence that you have commitments in your home country and a firm travel plan to return.
Preparing Your Visa Application
When applying for a tourist visa, you need to prove that:
- You intend to return to your home country after visiting the U.S.
- Your visit will be temporary and short.
- You can financially support yourself during your stay in the U.S.
You’ll also need to provide evidence of strong ties to your home country to show that you will leave the U.S. before your visa expires. Here are some examples of documents that can help establish strong ties:
- A copy of your lease agreement or home mortgage.
- A letter from your employer detailing your vacation dates and return to work.
- Proof of school enrollment in your home country.
- Documents showing that your children are staying in your home country during your visit.
- Title deeds to property you own in your home country.
- To further support your application, you can provide proof that you can support yourself financially during your visit, such as recent bank statements or credit card statements with good spending limits.
The 90-Day Rule
What if you visit the U.S. on a tourist visa and later decide to stay and apply for a green card from within the U.S.? This is called “adjustment of status.” The U.S. government has a guideline known as the “90-Day Rule,” which says that if you engage in certain activities (such as marrying a U.S. citizen or applying for a green card) within 90 days of entering the U.S. on a tourist visa, it will be presumed that you misrepresented your intention when applying for the tourist visa.
For example, if you marry your U.S. citizen spouse or apply for a green card within 90 days of entering the U.S. as a tourist, immigration authorities may think you lied about your intentions. You’ll need to provide evidence that your plans changed after entering the U.S., such as a sudden emergency, like your spouse’s illness, that required you to stay longer than originally planned.
Visiting your spouse in the U.S. while your green card application is pending can be complicated, but it is possible if you follow the rules and present strong evidence of your intentions. Always be honest in your visa application, and be prepared to show that you plan to return to your home country. With the right documentation and a clear plan, you can navigate this process and avoid jeopardizing your future green card application.
At Law and Visas, we understand that immigration processes can be complex, but we’re here to guide you through every step. If you’re ready to start your green card application or need help with your visa process, don’t hesitate to reach out. We’re here to make your immigration journey as smooth as possible.
