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  1. #1
    Join Date
    Jan 2011
    Posts
    7

    Default Green Card Holder's Spouse Entering Us with B2 Visa

    Hi,

    I am a permament resident and I've been outside the US for over a year now. Before leaving, I got a Reentry Permit which is valid until 2012.

    While outside the country I married a foreigner. We have been living outside the US for the last year and we recently had a child.

    My wife has had a B2 visa since before we got married and my daughter has citizenship of a country that doesn't require a visa (under the Visa Waiver Program).

    I would like to visit the US with my wife and child for a month or so. (I'm not interested in getting them Permanent residency because I'm not sure I'll go back to the US)

    Initially I thought of simply taking the same flight and entering the US separately. My wife and daughter would enter as visitors, and I would enter as a Permanent Resident. But I'm scared they will make problems in the airport.

    Can they see from my daughter's passport who's her father?
    If we enter the US together, is it possible that they will not authorize my wife and daughter to enter due to intended immigrant?
    What is the best way to go about it?

    I'm sorry for the length and I hope you can help me.

    Thanks,

    Jlow

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,912

    Default Re: Green Card Holder's Spouse Entering Us with B2 Visa

    They can see from the passport everything that is written in the passport.

    Make sure you can document your ties and your spouse's ties to your home country, such that you are in a good position to resolve questions about your intentions. You would not present the documentation you collect unless ask. Possible documents include proof of employment, bank accounts, leases, etc. - stuff that shows strong ties that aren't likely to be abandoned - along with whatever else you can think of. Also, having prepaid return tickets, a clear itinerary with the places you're staying, etc., will help support the case that this is tourism.

  3. #3
    Join Date
    Jan 2011
    Posts
    7

    Default Re: Green Card Holder's Spouse Entering Us with B2 Visa

    Thanks for the answer Mr. Knowitall.

    There's still some small questions that maybe you can answer me.

    1 - Should we still enter separately as if we are not married?

    2 - is there any obligation for a green card holder to declare that he got married or had a child while outside the USA?

    3 - is there any legal obligation for a visa b2 holder to declare that she married a green card holder?

    4 - As I understand it is improbable that they will give us any problems but to be safe I should come prepared with all those documents you mentioned.

    Now, as I explained before, I am a permanent resident with a reentry permit.
    I'm a bit concerned: if they give us any problem, I will have to show them that our intentions are tourism only and that we have strong ties with our home country. But the fact that I have a green card shows that I have strong ties with the USA and that my wife might choose to stay there as well.

  4. #4
    Join Date
    Jan 2007
    Posts
    937

    Default Re: Green Card Holder's Spouse Entering Us with B2 Visa

    You do not have to volunteer answers to questions that were not asked. You should never lie as the consequences for lying are far greater than the consequences of the answer.

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