B Visa for Spouse

C

cregan

Registered Users (C)
Hi, my father is planning to visit his wife in China. He had received wrong advice from his former-lawyer ... they married in China. His wife is Chinesse, so she can't come to the US until he becomes a citizen. He will be taking his Oath shortly.

Now, I am trying to understand the visa thing in relation to their situation. He was told that if he does the AOS it could take years before she is allowed to visit because she needs to wait for a visa number. They talked about him visiting her in China and go to the consulate for her to get a visitor Visa to visit the US.

Can you point me in the right direction, what I should be reading or looking into?

Thanks in advance :)
 
When can she visit? Can she come here immediately or will it take a while? Based on my N400 timline, I don't trust waiting ;)
 
They must file for a spouse visa. Since that demonstrates immigrant intent, she may not obtain a visitor visa. Your friend could file for the spouse of a LPR and upgrade it once he becomes a citizen. The waiting time for spouse of a citizen is less than a year.

If he is confused about the paperwork, he should consult with an immigration attorney - at least to have plan laid out for him.
 
Thanks, that's what I thought. It seems processing times aren't so long.

Ok, will she need a visa number at some point? I heard these can take a while.
 
The spouse of a citizen does not have to wait for a visa number thus the wait is processing time. Thespouse of a LPR must wait for visa number. Get the paperwork started as a LPR and upgrade when naturalized.
 
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