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U.S. entry as tourist b4 interview for green card

U.S. entry as tourist b4 interview for green card

Old Sep 30th 2002, 8:39 pm
  #1  
mal
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Default U.S. entry as tourist b4 interview for green card

I am a US citizen. My wife is a foreigner and we filed for her Green card in her native country. She has her interview abroad in a month. In the interim she has been back and forth numerous times between her home country and the US on her tourist Visa, and was never stopped or questioned at immigration.
My question is, will this pose a problem for her at her interview? Will they say that she flouted the rules and deny her visa? I am not sure that she actually did anything wrong. Any advice?? Am I missing anything?
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Old Sep 30th 2002, 10:25 pm
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Default Re: U.S. entry as tourist b4 interview for green card

Originally posted by mal:
I am a US citizen. My wife is a foreigner and we filed for her Green card in her native country. She has her interview abroad in a month. In the interim she has been back and forth numerous times between her home country and the US on her tourist Visa, and was never stopped or questioned at immigration.
My question is, will this pose a problem for her at her interview? Will they say that she flouted the rules and deny her visa? I am not sure that she actually did anything wrong. Any advice?? Am I missing anything?
There is no law prohibiting her from using her B-2 to visit the US while an immigration visa is pending. Unless, the B-2 was obtained fraudulently, i.e. she was married to you and didn't disclose it on the B-2 application.
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Old Sep 30th 2002, 11:03 pm
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Default Re: U.S. entry as tourist b4 interview for green card

mal wrote:
    > I am a US citizen. My wife is a foreigner and we filed for her
    > Green card in her native country. She has her interview abroad in a
    > month. In the interim she has been back and forth numerous times
    > between her home country and the US on her tourist Visa, and was
    > never stopped or questioned at immigration.
    > My question is, will this pose a problem for her at her interview?
    > Will they say that she flouted the rules and deny her visa? I am
    > not sure that she actually did anything wrong. Any advice?? Am I
    > missing anything?

What rules were she flouting?
As long as she was honest on the visa application and to INS at the POE,
there
is no problem. Entering on a tourist visa is the legal method she should
have used, and she did.
 
Old Oct 1st 2002, 12:52 am
  #4  
mal
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Default Re: U.S. entry as tourist b4 interview for green card

Originally posted by [email protected]:
mal wrote:
    > I am a US citizen. My wife is a foreigner and we filed for her
    > Green card in her native country. She has her interview abroad in a
    > month. In the interim she has been back and forth numerous times
    > between her home country and the US on her tourist Visa, and was
    > never stopped or questioned at immigration.
    > My question is, will this pose a problem for her at her interview?
    > Will they say that she flouted the rules and deny her visa? I am
    > not sure that she actually did anything wrong. Any advice?? Am I
    > missing anything?

What rules were she flouting?
As long as she was honest on the visa application and to INS at the POE,
there
is no problem. Entering on a tourist visa is the legal method she should
have used, and she did.
When I petitioned with the I-130 a staff member at the consulate said she "is not supposed to enter the U.S." while the application is pending. But like you said, and by the way, thanks for the replies, there is no rule against it.
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