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I'm a us citizen i filed i-130 for my spouse?

Freeport, IL |

she still in h.r native country. 1)can she still apply for a tourist visa? 2)can she come to the USA to wait out her time for status adjustment, if so what do i need to do to bring her here?

Attorney Answers 3

Posted

A tourist visa requires that she have intent to return. That is not the case here. The best thing to do is have her consular process and come in as a permanent resident. Don't risk a denial.

FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 kiki@kikislaw.com The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question. kiki@kikislaw.com

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Posted

That's not a good idea once she already has an I-130 filed on her behalf as it would be seen as visa fraud. She very likely would be denied entry into the US at the US port of entry anyway and could be asked to admit that she is entering to remain permanently. When she admits this, she would get charged with visa fraud and you would need to file a fraud waiver for her to enter on the i-130. Fraud waivers are expensive and have a high risk of being denied. In short, don't take the risk.

Dhenu Savla
SwagatUSA, LLC
www.swagatusa.com
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Posted

You need to make sure your relationship is well documented and that you and your wife meet all the requirements. If there are no delays, it may take 10-12 months since filing the I-130 for her to join you in the U.S. To make sure you meet all the requirements, it is a good idea to hire an experienced immigration attorney.

714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

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