I am US Citizen and my wife arrived two days ago from India on B#@ Visior Visa. Can I apply for Green Card for her now or is there a minimum waiting period after her arrival to petition for her Green Card
Kindly note that asking to be admitted to the US as a "visitor", with the intention to then "turn around" and apply for "green card" constitutes "visa fraud" and having had a "preconceived intent..", both of which are inadmissibily and removal grounds. Consult with an attorney in private for more information and valuable custom-tailored advice.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
The processing time of petitioning US spouse usually takes 3 - 4 months before you will hear from the Immigration Service and it depends also on individual Field Office for further notice.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Specific answers will require cognizance of all pertinent facts about the case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
This is a tricky situation. When entering on a tourist visa one can only enter with the intent to VISIT the US. If immigration finds that at the time she entered the US she had the intent to reside in the US, they can deny her for grounds of what immigration sees as fraud. Definitely consult with an immigration attorney. Her best option would be to stay within her authorized period of time in the US and for you to petition your wife while she is abroad. I highly recommend you hire an immigration attorney. Best of luck!
It's not really a "waiting period." There is something called the 30-60 day rule, which you should have explained to you in the privacy of a lawyer's office, in a confidential consultation.
Please note that it is strictly forbidden, and illegal, for a foreign national to come into this country using a B-2 visa to get into the United States, when that person is actually intending the whole time, and has already decided in advance, before she even got on the plane to come here to the United States, that after a certain "waiting period" she and her U.S. citizen husband who is already in the U.S. and waiting for her to get here, will stop pretending that she entered the U.S. as a so-called "tourist" (meaning, coming here for a temporary visit, with the intention of leaving the United States before the expiration date of her period of admission) and do what it was that she and her husband were really planning to do in reality, all along, from the very beginning (as stated, before she even got on the plane), which was to have their husband file an I-130 Immigrant Petition for her and, concurrently, file an I-485 Application for Adjustment of Status with the USCIS, once she could first succeed in using her B-2 visa to get inside of U.S. borders as a "temporary visitor."
In effect, although you apparently do not realize it, what you are actually doing right now is, you are going on to an online public forum on the Intenet and, essentially in front of the entire world, you are requesting the assistance of an immigration lawyer in committing immigration fraud, which is a felony (meaning, a serious crime, punishable by jail, massive fines, and losing one's license to practice law for the lawyer, not counting whatever punshment you and your wife will receive for this as well for this type of immigration fraud).
Please schedule a confidential consultation with an experienced immigration lawyer in your area, who will be able to meet with you in person, inside of his or her office, in order discuss these matters further with you, in privacy.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
I'd consider the following before giving any feedback - When was the B-2 visa application made? What was the purpose of applying forthe visa? When did you guys get married and where? What was the purpose mentioned to the POE officer on this trip? Please do not respond to these questions as it must be discussed with an attorney in a confidential set up.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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