# Entering US while Green Card application is pending...



## Whitby (Jun 20, 2011)

Hi there,

Firstly, thanks to all those who have provided advice on my other three or four threads on the Green Card process - it's been extremely useful. I'm afraid I have one more query (for now - who knows what other obstacles might be put in the way?)...

*Background*

My wife (USC) will be moving out to the States in January and I will be following her around March (once notice period with work has expired). I would be visiting (for fewer than 90 days on ESTA and without any intention of working - which would be illegal in any event) and *in no way attempting to relocate permenantly at that time*. My Green Card application will, at this time, still be pending (it may be that the I-130 will have been approved by then and we'll be on to the second stage, but I doubt it). 

*The issue*

I understand that gaining entry to the US using ESTA while you have a Green Card application pending can be tricky and people are advised to bring with them evidence of ties to the UK, i.e. so that the customs official can be comfortable that you are genuinely only in the US for the short-term and will be returning to the UK within the 90-day limit. Examples of such evidence include unexpired property leases.

My issue will be that I will not have a flat in the UK (I will be moving back in with parents for the two or three days between leaving my flat and heading out to the US) and, as I will have quit my job by then, the only evidence I can think of for showing any ties to a way of life in the UK are my bank account statements.

*The question*

Does anyone have any idea what kind of evidence I could supply, documentary or otherwise, to provide comfort to a border official that I genuinely intend to leave within the 90-day limit? Sworn affadavits from parents? Bringing with me a meagre amount of luggage? Any ideas would be extremely gratefully received!

Thanks a lot,

Whitby


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## Whitby (Jun 20, 2011)

Does anyone have any suggestions?


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## twostep (Apr 3, 2008)

Whitby said:


> Does anyone have any suggestions?


Think about it - what ties you to the UK? Employment, savings, contracts, property ...


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## Whitby (Jun 20, 2011)

Unfortunately (for this scenario, at least) nothing will tie me to the UK - I'll be a couple of months from moving to the US on a Green Card after all. I could probably leave a bank account open but that's about it!


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## Crawford (Jan 23, 2011)

Whitby said:


> Hi there,
> 
> Firstly, thanks to all those who have provided advice on my other three or four threads on the Green Card process - it's been extremely useful. I'm afraid I have one more query (for now - who knows what other obstacles might be put in the way?)...
> 
> ...


How long are you intending to visit in the US? When are you intending to leave your job? Most people leave their jobs and quit rental places a month say before they leave permanently for the US.

The whole immigration process might take 6 to 8 months. You seem to have cut your ties somewhat early and yes, it might be viewed as suspicious by the POE.

Then again a return ticket, and some bank account statement will help.


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## twostep (Apr 3, 2008)

Whitby said:


> Unfortunately (for this scenario, at least) nothing will tie me to the UK - I'll be a couple of months from moving to the US on a Green Card after all. I could probably leave a bank account open but that's about it!


It will be a gamble. Is it worth it? That is your decision.


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## Whitby (Jun 20, 2011)

My wife will be moving in January, I'd be going out in March for two months and I expect to be at the interview etc. stage of the Green Card application around May/June. I don't fancy not seeing my wife for six months (hence going out in March) and I don't have the kind of job from which I can take two month's holiday (who does?), hence I'd quit. It makes no sense to be paying rent in London while not earning so I'd be quitting my lease and moving back with my parents until I flew out to the US.

Twostep - why do you say that it's a gamble or that it involves any risk? I understood it was perfectly fine for people to visit the US while immigration proceedings were underway - the only risk being that the immigration official might take a dislike to you (let's be honest) and tell you to get back on a plane home instead of letting you into the country. For my part, that's not too much of a risk when weighed against not seeing my wife for half a year.

Are the consequences of being refused entry *on this basis *particularly bad? Presumably when doing the second part of the Green Card process (i.e. after the I-130 has been approved) I'd have to state whether I'd ever been refused entry to the US and so I would have to explain it there but I can't imagine it would be unacceptable to USCIS or a bar to receiving a Green Card?


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## Crawford (Jan 23, 2011)

Usually, most people who visit their spouses during the visa application stage do so for 2 to three weeks at a time. With the application taking some 6 to 8 months they maybe do the trip twice. They again, usually, still have their jobs or own places to live.

You on the other hand are going over for 2 months and have no ties whatsoever with the UK having given up both job and home.

You obviously have concerns of your own otherwise you would not have posted in the first place.

We are only confirming that yes, there might be an issue. You will just have to wait and see when you get to the States.


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