Can my Wife get a Visiting visa ?

[solid_traveling]

I am an LPR planning to apply for Natualization (N400) when i become eligible in FEB 2010. I am waiting to be naturalized to petition i-130 for my spouse. Is there any faster method to bring my wife to america, (leaving out H, L an student Visas).

my understanding is that to apply for K3 the petitioner should be a US citizen and also there should be an i-130 already filed.

Can she come on a Visitng Visa and stay with me for a couple of months till the other visa(K3 or the immigrant visa) is due ? or is it true that Once that visiting Visas are denied if the spouse is an LPR ? is that just a rumor (or an un written geneal kinda norm)

 

[elcupacabras]

She can apply for a visiting visa and see what happens.
Actually- what country is she from? Does it participate in the VWP? If so, she can try and enter as a visitor....she may get admitted with no problems, though she will just have to mentally prepared for the possibility of denial of entry. Having an LPR spouse is not an automatic reason for denial of entry....though depending on the POE officer's suspicions, there is the possibility of denial.

If applying for a B visa, then she can try to apply for one. Again, having a LPR spouse is not an automatic denial of visa application, though this does have a large negative impact. I have seen people apply for B visas with a USC/LPR spouse and be successful, though unfortunately, the majority have been denied. If you can afford to lose the application fee then it doesnt hurt to try.

 

[solid_traveling]

money isnt a big deal, i am always optismistic, but i dont want to give my wife a false hope, unlesss there is atleast 55 % or more chances of her getting it granted. getting denied and made to turn back is heart breaking. so where exactly would she get rejected just for the record

1) at the consulate where she would apply

or

2) after getting the visiting visa, is it upto the officer at POE wheather to permit entry or not ?

if its case it its heartbreaking

 

[elcupacabras]

so where exactly would she get rejected just for the record

1) at the consulate where she would apply

or

2) after getting the visiting visa, is it upto the officer at POE wheather to permit entry or not ?

Both.
Firstly she would need to be able to convince the interviewing officer that she does not have immigrant intent and will not stay in the US beyond the visiting time she has been granted (which is hard to do with an LPR spouse). Though as I said, it's not impossible to get the visa as I have seen people get the visa with little scrutiny.....however, the odds are leaning more heavily towards a denial.

Once she has a visa in hand, this is still not guaranteed entry to the US. A visa is basically a document that is giving a visitor the permission to 'knock on the door' so to speak. It is then entirely up to the officer at POE as to whether or not she is able to be admitted to the US.