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

Asked about 2 years ago - 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)

  1. KiKi Maria Mosley

    Pro

    Contributor Level 14

    Answered . 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.... more
  2. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    Answered . 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
    Free Phone Consultations Available

  3. Javier G Pineda

    Contributor Level 17

    Answered . 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... more

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