I recently got married in Argentina last month to my wife. A few people told me I made a mistake and that it would have been easier if she had come over on a fiance visa or if we had married in the USA. It doesn't make sense to me why getting a spouse here would be more difficult than a fiance. I already miss my wife very much, I am not rich I can't afford to be flying back and forth on a regular basis and I can't really afford a lawyer for the green card petition so I am trying to do it mysel. I have not submitted the I-130 petition yet, can I have her apply for a tourist visa so she can visit with me 6 months while I wait for the green card petition? Why is it so hard for a law abiding citizen to get his wife to the USA? this lengthy process and the expenses involved are very frustrating
Additionally I just found out my wife is having a few medical problems recently and I am worried about her. It is frustrating because I have great medical coverage, and she and her son are covered under my insurance but they can't use it unless they are in the United States. In Argentina the healthcare is questionable and there are long waiting times to be seen. I have all this urgency to get her here but feel helpless. She does not really have strong ties to her country in the sense of having a job or a house, she lives with family taking care of her child. She doesn't even have a bank account but she should be getting her passports in a week or two. I am not rich but I have the means to support her while she is here in the USA, I wonder if that is enough to persuade towards a tourist visa?
For a tourist visa, what you need to show is that she has strong ties to Argentina and would return despite your being in the US. The fact that you would support her while here shows that she won't work while a tourist, but it doesn't show that she will return once the period of authorized entry expires.
If you want her to come wait here for a resident visa, you need a "k" visa, not a tourist visa. Getting your wife here is not really more difficult than getting a fiancee here, but getting a wife or a fiancee here to stay is more difficult than getting them here to visit.
Hiring a lawyer for these types of cases can be costly, but it can be even more costly to proceed without a lawyer and make serious mistakes. It will be better to apply for the correct visa for what you're trying to do than to try to circumvent the immigration laws, apply for the wrong visa, get denied, and end up with adverse consequences that are difficult to undo.
Please note that he information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.
Even if she was successful in obtaining a tourist visa, she may have problem entering the U.S. becasue she is married to U.S. citizen, you. In this situation, you should immediately file the I-130 and request an expedited processing. Please note that you may have problem with teh medical issue. You may have to file for a waiver.
Elkhalil Law Firm, LLC
Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.
I agree with my colleague. You have to start K-3 process for your spouse to come to the U.S. as a permanent resident. Please go to ( http://travel.state.gov/visa/immigrants/types/types_2993.html ) for more information.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.