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Which forms to use when petitioning for wife?

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My uncle is petitioning for his wife. She does not want to permanently move to the US, so he has not petitioned for her even though he's been a US citizen for a number of years. She tried to come to the US for 2 months as a tourist, but she was denied a tourist visa at her local US Embassy, so now even though she does not need a green card, the only way to guarantee her 2 months visit is through petitioning for a green card through her husband. I heard that it does not take too long, and my uncle asked me to inquire about the forms needed to fill out when petitioning for a wife.

I have done the husband-wife route myself, but my ex husband was inside the US at that time on a tourist visa, so I am not sure how different this situation is when the wife is outside of the US. Can you please ad

advise me as to what is needed for him to petition, because he's doing this without an attorney. Also, what type of a photo does she need (size and quantity?) Thank you. P.S. I think when I petitioned for my ex, we filled out like 3 forms if I remember correctly, but I also got help by a friend in filling them out.

Attorney Answers 4


Too long of a question for a free consultation over the Internet.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Please consult with an immigration attorney. Your uncle's wife would have to reside in the U.S. after getting the green card.

Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an experienced immigration attorney. This answer does not create an attorney-client relationship.

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If you're confused about what forms and the types of photos you need, you will certainly be confused once you have to deal with the Consulate. Avvo is not an adequate substitute for legal representation based on the individual facts of your case. I would strongly recommend that you hire an attorney if you wish to avoid costly mistakes, which can result in the loss of time and money and the delay or denial of the case.

Answers provided by Ksenia Maiorova, Esq. on are of a general nature and do not constitute legal advice.

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If all she wants is to "visit" the USA for 2 months, then I don't think getting an "immigrant visa" in order to enter the USA and gain permanent resident status at the time of entry is the way to go. For starters, she would not have "immigrant intent" so even "if" the Uncle went through all of that long and tedious process (including the payment of the NVC fees and the tedious pre-clearance of his I-864 affidavit of support) my worry would be that during the immigrant visa interview, the Consul would discover she only wants to make a short visit and would therefore deny the immigrant visa. Of course, I don't have experience with that scenario (trying to get an immigrant visa to allow a 2 month visit) as I would "never" approach this problem with that solution, so this is just my best guess (my worry that the Consulate would deny the immigrant visa because she actually has "non-immigrant" intent).

If it were my client, instead I'd try to figure out the best way to prove her "non-immigrant" intent (that she has strong ties to the home country that will compel her return after the brief visit) and try again to obtain the visitor visa.

Best of luck.

Matthew Udall - Attorney

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Thanks. I still don't get it, though. Her children are in the home country still, but their dad applied for green cards for them, which is in the process, so she can't just leave them for good and intend to stay in the US. Their daughters are older, but the mother won't leave them like that and immigrate to the US as long as they are still there. So what is the best way for her then? From what I card application is not good if sh wants to come and go, visa isn't good cause she might stay. It's as if both ways are contradicting each other. So regardless whether she wants to move here or not, should she just forget about applying for another visa and request that her US citizen husband applies for a g.c. for her? How will her first visa denial reflect on her g.c. process? They have daughters who are 30+ of age, so my aunt was waiting for their permanent move to the US with a g.c. before she also permanently moved here, but not before that. So that's why now she only wanted to visit for 1-2 months over the winter. Were you claiming that just because if a wife gets denied for a tourist visa, then she might get jeopardized for a g.c. by her husband? Also, during the interview, there will not be any issue of the "genuinity" of the marriage where they both have 30-40 year old daughters and they are 60+ of age themselves right? I know that they are starting the g.c. process soon.

Matthew David Jesse Udall

Matthew David Jesse Udall


It sounds like your Uncle (if he has the same questions as you) could benefit from a proper consultation with an immigration attorney to at least help answer those question and perhaps help he (and his wife) settle on a strategy to pursue.

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