I-130 for Spouse of Permanent Resident

B

bobby234

New Member
I am a pending permanent resident and I've been married to my wife for over 20 years. We had stayed in the US together for many years. She went back to our home country when I filed my I485 because she missed her home town and mother. So I didn't file an I485 for her when I filed mine. Now she wants to come back to the US, though she's not sure whether she wants to stay in the US or not this time. Anyway, suppose I want to get her a visitor's visa, will they deny her visa because they will suspect that she has immigrantion intent since my daughter and I are going to be permanent residents?
What if she gets the B visa, comes back to the US and wants a green card. It will take 3 years for her I-130 to get approved. During this time, what kind of visa can she hold? Will she be considered an illegal alien after her B visa expires and before the I130 is approved?

Any suggestion is greatly appreciated. :D
 
Hmm, all I know is that you're right, she will def be denied a visitor's visa. How long is it gonna take you to get your residency? What means are you getting it through? It think all and all, you're gonna have to wait years to be able to bring your wife here. Sorry, I know those are bad news. Maybe someone else can come up with something good.
 
bobby234 said:
I am a pending permanent resident and I've been married to my wife for over 20 years. We had stayed in the US together for many years. She went back to our home country when I filed my I485 because she missed her home town and mother. So I didn't file an I485 for her when I filed mine. Now she wants to come back to the US, though she's not sure whether she wants to stay in the US or not this time. Anyway, suppose I want to get her a visitor's visa, will they deny her visa because they will suspect that she has immigrantion intent since my daughter and I are going to be permanent residents?
What if she gets the B visa, comes back to the US and wants a green card. It will take 3 years for her I-130 to get approved. During this time, what kind of visa can she hold? Will she be considered an illegal alien after her B visa expires and before the I130 is approved?

Any suggestion is greatly appreciated. :D
Click to expand...

What do you mean by pending permanent resident?
 
Uhmm I think you mean that you are in Adjustment of Status.
Your AOS is based in what? family or employment?

In case that you are not receiving your AOS as an immediate relative of a US citizen, then she will be able to come through "follow to join" please read this link:

http://uscis.gov/graphics/howdoi/appproc.htm

Just remember that to be a permanent resident is not like applying for a visitor visa. Is not like today I want to stay 2 years and then I want to go to my country and then after 3 years I want to come back. You can loose your LPR status if you stay too long outside the US, you must apply for a re-entry permit for trips longer than one year but less than 2 years. Bottom line, if your wife is not sure to stay, talk and think about what you guys really want. She can try to get a visitor visa but her intentions should be as tourist, if she plans to stay longer then she must follow the process to do so. If the tourist visa is granted she should not overstay her visa if she changes her mind.

Good luck,
 
You must log in or register to reply here.
Top