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Can your spouse visit the US When Green Card Case Pending?

If you have a marriage green card case for your wife or husband pending, whether an I-130 with USCIS or at the National Visa Center (NVC), can they enter the United States on a visitor visa?

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“Hi, if I applied for my husband’s I-130 but I still want my
husband to come visit,
can he come?”
Well.
Yes, you give it a shot, you know, the typical answer lawyers
have to give is “No, it’s too risky”, Because at the airport,
the Border Inspectors
could not permit,
they could stop your husband from entering the United States
and put him on a plane and send them back to the country he came from
Because they’ll say,
“You’re coming in as a tourist…”
For example, but you
have a Green Card pending
Green Card Case pending,
so that means you may
just stay in the United States
and file for Adjustment of Status and not through Consular processing
which is what you’re supposed to do. You have immigrant intent
is what they call it.
However, having said that for the last 10 years to the clients and
not to do it and every lawyer pretty much says that to their
clients and having multiple clients disregard what I said

and just come with a
Tourist Visa while they had a

Marriage Green Card Case pending

without having any problems.

Yeah, if your husband
has a Tourist Visa,

most likely it will be fine.

There’s other Travel Ban
issues you got to be wary of

depending on what country
they’re from, where they visited

but generally I haven’t seen it
to be a problem, but it doesn’t

mean it won’t be
a problem in your case.

So what you need
to do is take a risk.

I, generally again, I say,
“Don’t do it, it’s too risky”

because if your husband tries to enter the United States,

and it doesn’t work out, it’s going to be very problematic potential in the

future and it’s a big hassle too to get on a plane and then have to go back.

But if it, if you really want to do it, i’ve seen people be

successful and not
have problems with that.

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4 COMMENTS

  1. Can you speak to a Canadian visiting their spouse while waiting for their greencard? And what if they maintained a job in Canada that they would travel back and forth from multiple times a week?

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