Unfortunately I've seen these terrible delays with our own clients and there's little that can be done other than what you suggest: get to the U.S. on some type of work visa and then pursue the green card when here, which is a very fast process. But one correction: you are allowed to travel to the U.S. as a visitor while your green card application is pending; you just need to maintain a home abroad and not work when here. We've had spouses in the same situation spend months and months in the U.S. while waiting for the green card process to run its course.
Thanks for the quick response, I agree if it would be that easy, sadly I’ve had friends that were turned away by customs for that exact reasons (staying months while they visited last time) and got recommended against even trying to enter by an attorney since the I130 in flight might be used by US customs against me.
I don’t think you or anyone can assure me that if I am currently trying to enter the country for a visit I might not be turned away by customs (worst case scenario being barred from entering for years).
I don’t know how you can plan your existence around random chance of US customs.
Please correct me if I’m wrong with that assessment.
To come highlight again, this has been a huge surprise to my wife’s family who resides on both sides of the political aisle.
They assumed it would be bad, but not quite how bad.
> To come highlight again, this has been a huge surprise to my wife’s family who resides on both sides of the political aisle.
> They assumed it would be bad, but not quite how bad.
I have seen this play out many times. Everyone goes "We aren't against immigration, just the illegal crossings. Get in line like everyone else!" until they or someone close to them finally comes across the actually legal process.
I’ve entered close to 25 times since submitting a I-130, never had any issues whatsoever, barely even a question from the officer. I even got global entry just fine. Dutch citizen here with wife living in the US. My visits are usually on the order of 5-10 days and I do have a strong track record of leaving the country which might help.
I am in similar situation, except wife is in India with younger kid and I am in US with elder kid in university. I am told there is a good chance she will be denied tourist visa even if not yet applied to GC, as rest of us are US citizens. And she will be denied tourist visa after applying for GC.
That's a separate issue. If one already has a tourist visa or is from a visa waiver country, there really are no issues traveling to the U.S. while the green card process is pending if you are smart and careful. But it's very difficult to obtain a tourist visa if you are in the green card process.
