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Travelling to U.S. while Consular Processing is under way?
Hello All,
I am a Chilean and Canadian citizen. I married a US citizen in August 2014. I then held (and currently hold) an F1 visa with OPT extension. We applied for I-485 and I-130; the former was rejected because I travelled outside of the U.S. before receiving my advance parole doc, but the latter was approved. I therefore started Consular Processing, in order to receive my green card via the US Embassy in Chile. The process is going well but is still not complete. In the meantime I was offered admission to graduate schools in the U.S.. I plan to travel to the U.S. on March 28 in order to visit graduate schools I was admitted to before I make a final decision. Because my primary intention of travel is to visit graduate schools (I will stay in the U.S. for 10 days only), I plan to enter as a visitor using my Canadian passport. I currently hold an F1 visa with OPT extension-- my job is as a Visiting Scholar at a U.S. university; because my research is international, in reality I am not living in the U.S., but in Chile, where I conduct my research as a Visiting Scholar. I could use my F1 visa to enter, but I am not entering as a student, but as a visitor. I fear, as well, that entering with an F1 non-immigrant visa while applying for an immigrant visa would cause the Port of Entry officer to question my intention of travel. I am wondering if in principle it is allowed to enter the U.S. as a visitor even if you hold a non-immigrant visa and if an immigrant visa is being filed on my behalf via Consular Processing?
Thank you!!
I am a Chilean and Canadian citizen. I married a US citizen in August 2014. I then held (and currently hold) an F1 visa with OPT extension. We applied for I-485 and I-130; the former was rejected because I travelled outside of the U.S. before receiving my advance parole doc, but the latter was approved. I therefore started Consular Processing, in order to receive my green card via the US Embassy in Chile. The process is going well but is still not complete. In the meantime I was offered admission to graduate schools in the U.S.. I plan to travel to the U.S. on March 28 in order to visit graduate schools I was admitted to before I make a final decision. Because my primary intention of travel is to visit graduate schools (I will stay in the U.S. for 10 days only), I plan to enter as a visitor using my Canadian passport. I currently hold an F1 visa with OPT extension-- my job is as a Visiting Scholar at a U.S. university; because my research is international, in reality I am not living in the U.S., but in Chile, where I conduct my research as a Visiting Scholar. I could use my F1 visa to enter, but I am not entering as a student, but as a visitor. I fear, as well, that entering with an F1 non-immigrant visa while applying for an immigrant visa would cause the Port of Entry officer to question my intention of travel. I am wondering if in principle it is allowed to enter the U.S. as a visitor even if you hold a non-immigrant visa and if an immigrant visa is being filed on my behalf via Consular Processing?
Thank you!!
