Spouse of a GreenCard holder entering US w/ existing B1/B2 vis

T

TiringEyes

New Member
Hi,
1. I'm a Green Card holder (originally from India), currently residing in US
2. Engaged to my fiancé, currently resides in India.
3. I've just (mid Sept'15) applied for my Citizenship.
4. She currently has a B1/B2 tourist visa (and recently visited US too).
5. We are getting married in November 18th, 2015 in INDIA.
6. When I return back to US after my marriage in India, I would like to have her come along with me to US.
7. We plan to settle down in US.

Questions:
1. What should we do in-order for her to enter into US?
>>>a.Can she enter using her current tourist visa?
.
2.Can I apply for her green card after she comes into US using her Tourist Visa?
>>>a.If yes, are there risks to this approach?
>>>b.How long would it take to get a green card?
 
She can (try to) enter on a tourist visa with the intention of a brief visit and then leaving.

She cannot enter on a tourist visa with the intention of staying.
 
I am in more or less a similar situation- except that I am the person with the USA tourist visa and I have also visited USA many times as tourist and needless to state, I am contemplating marriage to a GC holder.

I would like to know your opinion on Q2 asked by 'TiringEyes' - is it possible to apply for I130 petition after entry into USA on Tourist Visa (and the associated risks and time taken for this to come thru).

Thanks in advance.
 
You can submit I 130 and it won't give you any status. Since you are marrying a GC holder you cannot do change of status at the same time. when you priory time will be current you will submit adjustment and until then you need to stay in status in the US ( no way with the tourist visa) or finish the process in your home country.


Meanwhile if your spouse become citizen then you can upgrade your I 130 and start adjustment right away.
 
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