I am a US citizen. I am preparing my wife's green card application and thinking to apply for her visitor visa once her green card application is pending. Can she get visitor visa to visit me when her green card application is pending? She is a Bangladeshi citizen and staying in Bangladesh.
She most certainly can apply. However it will be very, very difficult to convince a consular officer that she intends to return to her country, and not simply stay in the U.S. once she arrives.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Eligibility to apply for and to use a visitor's visa requires "nonimmigrant intent," i.e. an intention to enter the U.S. only temporarily for a pleasure or business visit and then depart. When a foreign national is married to a U.S. citizen, and especially if the process has been commenced for the foreign national to become a Permanent Resident, immigration authorities almost certainly will believe the foreign national has "immigrant intent." Even if the foreign national could show that she is leaving her young children abroad, could show she got a temporary leave of absence from work, could show that she owns or rents a home abroad that she does not plan to abandon, etc., it may be very challenging to persuade immigration authorities of nonimmigrant intent.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway
I agree with the two attorneys who answered this question for you.
Disclaimer:. This answer is provided as a public service and is not intended to establish an attorney-client relationship. Any reliance on the information contained herein is taken at your own risk. The information provided in this response should never replace informed counsel when specific immigration-related guidance is needed.
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