Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Travelling to the US during green card app process

Wikiposts

Travelling to the US during green card app process

Thread Tools
 
Old May 10th 2003, 3:10 am
  #1  
Just Joined
Thread Starter
 
Joined: May 2003
Location: Mesa AZ
Posts: 8
Wheelie1 has a brilliant futureWheelie1 has a brilliant futureWheelie1 has a brilliant futureWheelie1 has a brilliant futureWheelie1 has a brilliant futureWheelie1 has a brilliant future
Default Travelling to the US during green card app process

Hi, My wife and I are getting green cards through her job as a Nurse.
I was wondering If there were any restrictions on travelling to the US once the process was under way.

Cheers.
Wheelie1 is offline  
Old May 10th 2003, 5:28 am
  #2  
Rock Goddess
 
Rockgurl's Avatar
 
Joined: Jan 2003
Location: Connecticut USA
Posts: 1,429
Rockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond repute
Default

Hi Wheelie...I'm a nurse too, and going through the same process you are. Theoretically, entering on a Visa Waiver, you are declaring that you have no immigrant intent, but because you are applying for a green card, technically you DO have immigrant intent, so it's a bit of a grey area. I have been travelling regularly to the States since I started my application, and have had no problems, but I suggest two things: firstly, do not lie under any circumstances but do not volunteer information unless asked, and then you should answer truthfully. If you are entering as a tourist then say so. Secondly, if the immigration officer should discover that you have an application pending then tell the truth, but make sure you have documents on you proving that you have reason to return to the UK, e.g. a return ticket, a letter from your employer stating that you are on vacation and are intending to return to work on a certain date, and a rent agreement of mortgage deed to prove you own a property and have ties in the UK.

If they don't believe you and want you to leave, then volunteer to leave and you will not suffer any consequences for your green card, and it would be as if you have never attempted to enter the US. If you object and remove you forcibly, then you will receive a ban and lots of problems.

I actually took legal advice about this...I called my US nursing agency and asked the legal advisor there and he said it was ok to travel. Good luck!
Rockgurl is offline  
Old May 10th 2003, 10:54 pm
  #3  
Just Joined
Thread Starter
 
Joined: May 2003
Location: Mesa AZ
Posts: 8
Wheelie1 has a brilliant futureWheelie1 has a brilliant futureWheelie1 has a brilliant futureWheelie1 has a brilliant futureWheelie1 has a brilliant futureWheelie1 has a brilliant future
Default

Originally posted by Rockgurl
Hi Wheelie...I'm a nurse too, and going through the same process you are. Theoretically, entering on a Visa Waiver, you are declaring that you have no immigrant intent, but because you are applying for a green card, technically you DO have immigrant intent, so it's a bit of a grey area. I have been travelling regularly to the States since I started my application, and have had no problems, but I suggest two things: firstly, do not lie under any circumstances but do not volunteer information unless asked, and then you should answer truthfully. If you are entering as a tourist then say so. Secondly, if the immigration officer should discover that you have an application pending then tell the truth, but make sure you have documents on you proving that you have reason to return to the UK, e.g. a return ticket, a letter from your employer stating that you are on vacation and are intending to return to work on a certain date, and a rent agreement of mortgage deed to prove you own a property and have ties in the UK.

If they don't believe you and want you to leave, then volunteer to leave and you will not suffer any consequences for your green card, and it would be as if you have never attempted to enter the US. If you object and remove you forcibly, then you will receive a ban and lots of problems.

I actually took legal advice about this...I called my US nursing agency and asked the legal advisor there and he said it was ok to travel. Good luck!

Thanks Rockgurl, Thats pretty much the same conclusion we had come to. Its great to here from someone who's going through the same process. Would you mind If we emailed you to compare notes?
Wheelie1 is offline  
Old May 11th 2003, 2:32 am
  #4  
Rock Goddess
 
Rockgurl's Avatar
 
Joined: Jan 2003
Location: Connecticut USA
Posts: 1,429
Rockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond repute
Default

Feel free to email me Wheelie...it's great to talk to others going through this process. [email protected]
Rockgurl is offline  
Old May 11th 2003, 6:13 am
  #5  
abb
Forum Regular
 
Joined: Sep 2002
Location: uk
Posts: 48
abb is an unknown quantity at this point
Default

Originally posted by Rockgurl
Feel free to email me Wheelie...it's great to talk to others going through this process. [email protected]
Hi Rockgurl
Have you heard anything from NVC yet??
abb is offline  
Old May 11th 2003, 9:38 pm
  #6  
Rock Goddess
 
Rockgurl's Avatar
 
Joined: Jan 2003
Location: Connecticut USA
Posts: 1,429
Rockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond reputeRockgurl has a reputation beyond repute
Default

All I know is that my fees have been received and that they are awaiting packet 3. I should receive my interview date in about 6 weeks.
Rockgurl is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.