When can I visit my spouse in the United States?
Precautions to take when visiting your spouse
For many couples, one of the biggest frustrations about the process of the residence card for marriage is that it takes a long time. You are probably anxious to know how soon you can see your husband or wife in the United States.Visiting the United States can be more complicated than buying a plane ticket.
That is because if you are married to a US citizen or residence card holder, you may encounter difficulties convincing a consular officer who has “tourist intent” (also known as “the intention not to immigrate”) - in other words, who has intending to visit the United States and return before your tourist visa expires.
And then there is another obstacle: upon arriving in the United States, the decision to allow or deny your admission is always at the discretion of the United States Customs and Border Protection Officer (CBP) who processes it at the border or port of entry . There is always the risk of being denied access to the United States, even with a valid tourist visa.
That said, you should never misrepresent your reasons for visiting the United States, either in a us visa appointment application or with a customs officer. You should never lie about your marriage to a U.S. citizen or residence card holder.
Any type of deception could jeopardize your ability to obtain a residence card in the future.
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What you have to check
When the consular officer is reviewing your us visa interview appointment, he or she will be looking for evidence that:
He intends to return to his home country after his visit to the United States
Your visit is for a limited and short period of time.
You can support yourself during your visit
This applies to any visitor requesting a us visa appointment, or any visitor to the United States under the Visa Waiver Program (which allows citizens of some countries to visit the United States without a visa for up to 90 days).
Spouses of US citizens or residence card holders, especially those in the middle of the marriage-based residence card process (with an I-130 petition pending), often face additional scrutiny. The consular officer may suspect that you are trying to surround the required residency card process to be with your partner.
In order to have the best opportunity to be granted admission to the United States, it is important to take special care in preparing your us visa application and assembling the appropriate documents to take with you.
PREPARING YOUR DOCUMENTS
Each time a tourist visa is requested, you are required to establish that you have strong ties with your home country. This is to ensure that you will return home before your tourist status expires. Here are some examples of documents that can help demonstrate strong ties with your home country:
Copy of a current lease or mortgage.
Letter from your employer stating your vacation dates, even when you are expected to return to work
Confirmation of school enrollment in your home country, either for you or your children
Proof that you have children in your home country during your visit, such as a letter giving a grandfather the authority to make decisions about them
Deeds for any property you own in your home country
It is also generally a good idea to provide copies of your bank statements, credit card statements that show healthy spending limits, or other proof that you will be able to support yourself financially during your visit to the United States. For more information, see this article on how to scan and copy documents the way American immigration agents like to view them.