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US entry on existing B1/B2 after applying for Green Card

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  • US entry on existing B1/B2 after applying for Green Card

    Hi,

    I'm a US Green card holder holding Indian citizenship and my wife is an Indian citizen. Currently we are both living and working in India. I want to apply for a Green Card for her in the next 2 months since I am moving back to the US. Currently the processing time for this is 18 months which is quite a long time for us to be apart. She has an existing B1/B2 which she used on a tourist trip 3 years back and could use to visit me in the interim.
    However I was curious as to what were the chances that she will be stopped at the Border because she has a GC filing in progress. We don't plan to lie with regards to her intent to visit if asked given everything is in the system anyways. She does have strong ties to India at the moment; a steady job, all of the rest of her family is here etc. So she does plan to visit me while the processing is going on for 3 months at most and then come back to India till her processing is done.

    Thanks.

  • #2
    Originally posted by newwhatsapp16 View Post
    . She does have strong ties to India at the moment; a steady job, all of the rest of her family is here etc.
    Those aren't necessarily strong ties, as she will be leaving those so-called ties to home to live in the US once she attains an immigrant visa. Largely depends on an convincing argument.. and the CBP officer's mood on a particular day.. whether or not to admit a B2 with a pending IV petition.

    Update:
    Just saw your other post about your 5 yrs green card being up soon and subsequently moving to the US to potentially file for US citizenship.
    Last edited by daggit; 08-01-2016, 06:56 PM.

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