My spouse is submitting form I-130 to USCIS on my behalf in the coming weeks. Since we're living in Brazil, we will go through consular processing in Rio de Janeiro after NVS gets back to us, probably a year from now.

I'm a PhD student and my wife is not employed. Next June, we would like to travel to the US for my wife's sister wedding on my tourist visa.

I understand there is a higher burden on me to prove I do not intend to stay on that trip - and I'm thinking (a) PhD enrollment, (b) child's current school enrollment, (c) maybe our lease and bank statements might be enough to show no intention of not leaving the country.

As of now, we have a good history of traveling to the US, and having never overstayed nor have a visa denied.

Is my assessment realistic? And more importantly, what are the risks to my green card application if I'm turned away at the border?

  • 2
    I'm sorry you haven't received an answer yet. I have a sense that this is possible, that people have done it, but I don't really know how likely one is to succeed in any given set of circumstances. – phoog Nov 30 '18 at 23:52
  • @phoog It does seem like it might be up to the officer's discretion at the border of entry, but I really want to understand the risks better. It might be time to look for an immigration attorney to at least discuss this. – pinano Dec 2 '18 at 17:13

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