J-1, I-130 and POE (change in intent)

E

encorebreak

Registered Users (C)
I've posted on the J-1 forum, too, but no one seems to be responding over there!

Do the POE officials have access to NVC, consulate, etc records? Do they scan the passport through a machine, or type in the passport number to check, or do they just manually flip through it to see what kind of visa the person has?

We've filed for a GC for my husband, but are now thinking of withdrawing it so that he can get a J-1 visa (he has just received a Fulbright Scholarship). He would NOT have the intent to immigrate, but would come back after the 2 years to fulfill the HRR and then reapply for a GC after that.

We are more worried about the POE officials turning him back because he has already once filed for a GC rather than the consulate refusing a J-1..

Do you guys think that the POE officers will understand the change in intent, or do they just go by the fact that if you once applied for a GC, you will always have that intent to immigrate as soon as you can.. Will his going on a Fulbright scholarship have any affect on the officers believing his intentions? Will they go easier on him because of that?

Well, the big question is - will they know that he has applied for a GC before just by swiping his passport through a machine or something? If they wouldn't, well, there's no problem then!

I'd love to hear what you guys think and your experiences with the POE. We have a few decisions to make regarding the GC petition and would like to get all the information we can before we take any action. Thanks! Please reply! :)
 
I don't know if the border officer will know about the pending application. Most likely they would have asked your husband at the embassy if someone has applied for him before. Did he already get the J-1 visa from the embassy?
Also it sounds like your petition for him should not take much longer. Why not wait for that...postpone the fullbright (if possible) and let him come when the GC is ready.
You should watch out because when they interview him for the GC it may raise an eye brow that he went for a non-immigrant visa while he had the intent to immigrate here permanently.
Hopefully he'll be able to achieve both .. the GC and the fullbright...good luck
 
machelon said:
I don't know if the border officer will know about the pending application. Most likely they would have asked your husband at the embassy if someone has applied for him before. Did he already get the J-1 visa from the embassy?
Also it sounds like your petition for him should not take much longer. Why not wait for that...postpone the fullbright (if possible) and let him come when the GC is ready.
You should watch out because when they interview him for the GC it may raise an eye brow that he went for a non-immigrant visa while he had the intent to immigrate here permanently.
Hopefully he'll be able to achieve both .. the GC and the fullbright...good luck
Click to expand...

No, he hasn't applied for the J-1 yet. We are wondering whether we should cancel the I-130 we have in process or not. The catch is that GC holders (or those with it in process) cannot avail the scholarship. The scholarship itself would be worth around $100,000, give or take, which is why we're thinking of going that route.

I can see how they might have a problem with him applying for a J-1 (non-immigrant visa) when he's already applied for a GC.... but would they care if he applies for a GC if he already went on a J-1? (as you said, that he 'went for a non-immigrant visa while he had the intent to immigrate there permanently') Why should they even care, as long as he went there and then came back to fulfill the 2 year HRR and then after that reapplies for the GC? Can they reject a GC on that basis?!
 
encorebreak said:
No, he hasn't applied for the J-1 yet. We are wondering whether we should cancel the I-130 we have in process or not. The catch is that GC holders (or those with it in process) cannot avail the scholarship. The scholarship itself would be worth around $100,000, give or take, which is why we're thinking of going that route.

I can see how they might have a problem with him applying for a J-1 (non-immigrant visa) when he's already applied for a GC.... but would they care if he applies for a GC if he already went on a J-1? (as you said, that he 'went for a non-immigrant visa while he had the intent to immigrate there permanently') Why should they even care, as long as he went there and then came back to fulfill the 2 year HRR and then after that reapplies for the GC? Can they reject a GC on that basis?!
Click to expand...

I don't see a problem with him getting the GC after this whole studying Fulbright/J visa process/2 yr requirement is over. I think he will more likely encounter problems with obtaining the J-1, since it may appear that he has
immigrant intent.

As I wrote to you before, I don't think you are going to get a finite answer on this. You have 2 obstacles to pass --- the consulate and the POE. Even though you are being completely honest and open about this, someone at one of these places may not trust you.

If you get through the consulate obstacle, you still may not get past the POE. But you may. Decide how much you can afford. I think the scholarship is a wonderful opportunity, provided that you can get the visa, enter, study and then COMPLY WITH THE 2 YR REQUIREMENT, before lodging the GC application again afterwards.

If you can live with the above, then at least try. At the very worst, you could be denied at the consulate or perhaps later at the POE, in which case you would have to return, give up the idea of the scholarship and start the immigrant process again. But in that case, you would not have any real problems in starting the immigrant visa process.
 
I didn't know he was subject to the 2year rule....then in that case ...I would go for the J-1, it sounds like a great educational opportunity for him...i really don't know if there is away to officially cancel the GC process...maybe write a letter to them to have a record.
At the J-1 interview you can say that plans had changed and that you geniunely think that his education has first priority at this time and since you'll be living there for the next few years becauseo fot th 2-yr rule, then immigrant plans wil have to take a hold. I think thats the case here...right...
Like the prev poster said...two obstacle are ahead of his J-1...i think the embassy wil be more picky..than POE.
 
I'm more concerned about the POE and whether they will have records of his having a GC petition filed.. For some reason I think the consulate will believe him. The Fulbright people will be escorting him (and all the rest of the candidates) to the Embassy and to the interview, so that should help with the J-1.

Maybe even after the 2-year HRR is fulfilled, we stay in Pakistan. With the field he'd be studying, he'd have huge job opportunities over here, with high pay..

I think all you have to do to cancel the GC process is to send them a letter asking to withdraw the petition. I've emailed them about it, but they haven't replied yet..

And no one seems to know about the passport swiping thing at POE :) If they don't get the records, well then he'll just be another student entering the US, and we have nothing to worry about! They won't know about his USC wife, or the fact that he once had a GC pending.. pianoplayer and machelon, did they ask you guys any questions at POE?
 
Last edited by a moderator:
encorebreak said:
I'm more concerned about the POE and whether they will have records of his having a GC petition filed.. For some reason I think the consulate will believe him. The Fulbright people will be escorting him (and all the rest of the candidates) to the Embassy and to the interview, so that should help with the J-1.

Maybe even after the 2-year HRR is fulfilled, we stay in Pakistan. With the field he'd be studying, he'd have huge job opportunities over here, with high pay..

I think all you have to do to cancel the GC process is to send them a letter asking to withdraw the petition. I've emailed them about it, but they haven't replied yet..

And no one seems to know about the passport swiping thing at POE :) If they don't get the records, well then he'll just be another student entering the US, and we have nothing to worry about! They won't know about his USC wife, or the fact that he once had a GC pending.. pianoplayer and machelon, did they ask you guys any questions at POE?
Click to expand...

I have never been able to find out exactly what records the POE officer has. There are so many conflicting cases --- it certainly seems possible for the POE officer to see a record of an I130 filed ---- I am aware of several cases where this is at issue.

The best policy is probably prepare for the worst, hope for the best. Once he gets the visa at the consulate, gather every bit of proof that he plans to return and have him carry it with him. Make sure you maintain substantial ties to Pakistan and have him carry the proof when he travels to the US. It is never certain whether he would be allowed to enter, but this would boost his credibility and increase his chances.

BTW, I personally never had any POE issues, simply because I have never been in that situation. I always entered on my student visa, the last entry having been in 2005. I only got married in middle 2006 and since have received the GC. I was never married and had never expressed immigrant intent when I entered in F1 status. I did own, and still own, my property in San Diego though, but owning property in the US is not immigrant intent per se.
 
Thanks for all the help, guys. We'll see what happens and what decision we finally make.. For now, I'm waiting on the Embassy and the Fulbright Commission to reply to my emails - let's see if they can give me some more information on what would work and what wouldn't. Thanks again!
 
You must log in or register to reply here.
Top