Bringing my wife to US.....

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BritishGuy

Registered Users (C)
I have a GC. Had it for about 20 years. Applied for my Citizenship last year October 2008 and I've only just had my biometrics done (that is another story in itself). Now here is the question that I want to ask.

My wife has a B1/B2 Tourist visa (5 year) in her passport. She is currently in the UK, and holds a Pakistani passport. She used to be on a J-1 visa about a year ago, but went back to her home country and just the other day we got her J-1 Visa Waiver in the post. THANK GOD!

Now that she has he J-1 Visa Waiver, I was wondering, could she come back to the US and when she gets here, could I apply for an Adjustment of Status/Change of Status for her based on my Green Card? Would that be allowed once she's here? If so, what paperwork would I have to file? Would it be I-130 & I-485 for her? Would she be allowed to stay her until she gets her Green Card then?

I'm trying to wait for my Citizenship, but after waiting a year already with no Citizenship in sight, I'm losing hope.

She's 5 months pregnant and I really want her here with me.
 
Spouses of green card holders are subject to annual quotas. Therefore expect a wait of several years. Currently visas are being issued to those who applied in 2005. Even if your wife comes to US, you cannot do a COS unless she reaches the front of the visa line. Moreover she cannot do the 4+ years waiting in the US unless she is eligible for long term temporary visas like H1b, etc.

If you become a US citizen, your spouse is not subject to any quotas and then you could file for COS and she could stay here while her application is in process.
 
Right, ok, thanks for the prompt reply. Was told some very conflicting information from a 'know it all' over dinner. Felt kinda stupid being here all alone when I could have my wife here with me - or so I thought. Thanks for clearing up the misconception in my head.

Just another quick question on that front. Lets say I get my Citizenship by the end of the year (I hope) and she comes here and we apply for a COS. While we're waiting for/in the process of the COS can she travel outside of the US?
 
Lets say I get my Citizenship by the end of the year (I hope) and she comes here and we apply for a COS.
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There may be a problem getting her here in the first place. The B1/B2 visa is not supposed to be used with a pre-existing intention to immigrate, and that is exactly what she would be doing if she enters the US with the plan to file for AOS to get a green card. They will very likely refuse to let her the US if they realize she is married to a US citizen. When you filed N-400 you were supposed to list your wife where it asks for the spouse's information (and if you didn't already do that, you need to add her information at the interview), so they know about your marriage, although that information may or may not be readily available on the system at the airport.

Once you become a US citizen, the way to handle it without the immigrant intent issues is to file for a K-3 visa or immigrant visa, and she would interview for it at the consulate. Once she enters the US with an immigrant visa, she would immediately become a permanent resident; if she entered with a K-3 visa, she would file for AOS to transition to the green card.

If the baby is born outside the US after you become a US citizen, your wife needs to register the birth with the US consulate, and supply the necessary paperwork to secure a US passport for the child.
 
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