Louis-Alexandre For many people who happen to live in various countries, a large real question is: normally my spouse head to myself while the CR-step one visa (marriage eco-friendly card) try pending? Generally speaking, sure, it is possible to see your lover in the united states whenever you are your own wedding-built green card software is pending. Based on and this country you might be from, you would need to sign up for a-b-2 customers charge earliest. But before searching for this one, it is important to see the pressures and dangers on it.
Basic, you would need to convince a keen immigration officer which you bundle to stay only for a short while and perform leave the latest You just before their subscribers charge ends.
But there is however yet another challenge to get over after that: Once you get to the usa, a great You.S. Lifestyle and you can Edging Protection (CBP) agent usually “check always,” or concern, you in the edging otherwise “port off entry” (where men very first directly go into the United states). You’ll end up questioned to spell it out as to the reasons you’re visiting. The brand new CBP agent perform up coming determine – within their discernment – whether or not to enable you to get into (recognized officially because “admission”).
You shouldn’t misrepresent their reason for going to the Us, sometimes on the an enthusiastic immigration function otherwise just before an enthusiastic immigration administrator otherwise a great CBP broker. You also need to never sit in the having a wedding so you’re able to good U.S. citizen or eco-friendly card holder.
Even with a valid website visitors visa, but not, you would not feel guaranteed admission. In some instances, partners trying to an eco-friendly cards is refused entryway during the border or port regarding entry whenever a great CBP agent discovers he or she is partnered so you’re able to a guy residing in the us and then have an effective pending wedding green credit software.
Contained in this guide, we’re going to speak about the individuals dangers in greater detail, and just how to apply for a tourist charge and regular points came across in the act.
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What to anticipate
Partners off U.S. customers or environmentally friendly credit holders – specifically those with an excellent pending We-130 petition (the first step during the obtaining a wedding-situated eco-friendly cards) – have a tendency to deal with more analysis whenever traveling to the fresh U.S. For those who see your spouse towards a vacation charge, new immigration administrator handling your application you will think that you’re trying in order to bypass this new eco-friendly cards strategy to feel along with your spouse at some point.
When you yourself have a great pending We-130 petition
Going to the You.S. even though you features a beneficial pending I-130 petition is actually complicated. When you decide to live permanently from the You.S. after you found the environmentally friendly cards, today you need to encourage brand new immigration administrator otherwise CBP representative that you will never end up being paying down in the country permanently yet.
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That may be difficult to do if you’ve currently prevent their work and you will ended up selling your entire property of your house nation. This is exactly why many people love to look at the You.S. ahead of cutting connections back home.
It’s thus vital that you expose good proof you plan to go back to your home nation just after your own brief visit – even though there continues to be constantly a threat of assertion, while the entryway is not guaranteed.
If you don’t have a pending I-130 petition
For many who have not already been the wedding-oriented green cards processes but really – of the filing an i-130 petition – you might not have to confirm that you aren’t rushing to settle in the You.S.
You may still face additional analysis whenever obtaining a vacation charge otherwise when coming in from the U.S., but not. Simply because the latest immigration administrator otherwise CBP agent you’ll believe that you plan to steer clear of the whole I-130 techniques – by typing with the a travelers charge after which trying to get a great marriage-depending environmentally friendly credit once you are in new You.S. (something called “adjustment regarding position”).