I-130 for wife... can she visit? visit, not stay!

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Raziel

Registered Users (C)
My wife has a multiple entry visa "visitor visa", we got married a month ago in USA and she left to home country...

I will file her I-130 soon, can she visit me while we are waiting USCIS to process I-130? her intentions are still vising me only, she will use her visa to visit me and NOT to stay here forever.

She will stay her after approved GC...

I'm confused because I have heard that she will not be admitted if she tries to visit me using her visa because USCIS thinks she wants to stay here, is it true??

Also, I filled and prepared everything related to our I-130, and going to send the application soon, do I need a lawyer?? will USCIS accelerate "or respect" the application if it is signed by a lawyer. I'm sure I did everything right in the I-130... but...:confused:
 
You DO NOT need a lawyer to file an I-130. Hurry up and file. The spouse of an LPR is only taking a matter of months to become current. December Visa Bulletin shows priority cut off date of Aug 1, 2010---5 months. Immigrant visa processing will start shortly after that and then she'll be too busy to make a trip as a tourist.
 
Thanks for your input, I KNOW I don't need a lawyer for I-130, but AGAIN is there any magic effect in using a lawyer and letting him sign the lawyer field in I-130? WIll USCIS favor a faster decision for an application that is sponsored by a lawyer?

Also, you indicated it is 5 months + visa processing.... can't she visit me for 2 months during those 5 months? or she will be denied the entry since she got married to me and she filed I-130?


Thnaks
 
Raziel said:
Thanks for your input, I KNOW I don't need a lawyer for I-130, but AGAIN is there any magic effect in using a lawyer and letting him sign the lawyer field in I-130? WIll USCIS favor a faster decision for an application that is sponsored by a lawyer?

Also, you indicated it is 5 months + visa processing.... can't she visit me for 2 months during those 5 months? or she will be denied the entry since she got married to me and she filed I-130?


Thnaks
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Yes, your lawyer will make your money disappear---abbracaddabra and alalkazam!!! It's gone in the blink of an eye. When you use an attorney for something so simple it sends a signal to USCIS. 1.) Are YOU up to something? Trying to HIDE something? OR 2.) Is this a sleazy no good lawyer? Is he listed on the BIA List of Disciplined Practitioners? Has he been disbarred by the state bar association?

In either scenario, the end result is the same, a delay while they "check it out".
 
Thank you, so I'm better off not using a lawyer because a lawyer will delay my application.

Do you know if my wife can visit me for 2 months after we file I-130 with her B visa?
 
Yes, she can attempt to visit you while her I-130 is being processed. There is a possibility that she may be deieid entry however. Just bear that in mind.

Raziel said:
Do you know if my wife can visit me for 2 months after we file I-130 with her B visa?
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is it a big possibility? will she be held in the airport and "shipped back" to her home country in the first returning airplane?
 
Raziel said:
is it a big possibility? will she be held in the airport and "shipped back" to her home country in the first returning airplane?
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Yes, it is a very large and looming possibility. Spouses of US citizens and permanent residents have a very high rate of overstay, so if the officer at the port of entry knows about the marriage they will usually refuse entry.

She might get lucky and the officer doesn't look enough into the system to see the I-130. But if the officer realizes there is an I-130 filed for her and hassles her about it, she will have to point out that (1) consular processing was selected on the I-130 [make sure you select CP and not AOS for question 22!], (2) she visited you before and left without overstaying, (3) she will not stay in the US to attempt AOS/I-485, she will leave the US and interview for the GC at a consulate. And hope the officer believes her on point 3 and lets her into the US.
 
You might send the I-130 in the mail the same day she arrives for her visit. That gives her 90 days on the tourist visa, she can file an extension for 90 days more (that may be denied). If lucky she never has to leave, worse case she leaves for just a few months.

QUESTION: Is there any problem attending the visa interview and doing DS-230 application while in the U.S. on a tourist visa? I'd presume they'd schedule the interview at the local consulate in which case she would need fly back home, or can you pick the location of the interview?


The other option is to file the I-130 and then file for a K-4 visa, but I've seen/heard the K-4 visa application taking several months, getting approved after the I-130.
 
JAEMM said:
You might send the I-130 in the mail the same day she arrives for her visit. That gives her 90 days on the tourist visa, she can file an extension for 90 days more (that may be denied).
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Tourist visa holders are usually granted 6 months. It's the visa waiver people who are limited to 90 days. But filing the I-130 after she arrives in the US sounds like a good plan; she wouldn't have to stay overseas very long after her 6 months expires.

QUESTION: Is there any problem attending the visa interview and doing DS-230 application while in the U.S. on a tourist visa? I'd presume they'd schedule the interview at the local consulate in which case she would need fly back home, or can you pick the location of the interview?
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Filing DS-230 means the interview must be outside the US. The only element of choice is choosing which consulate, if her country(ies) of citizenship and legal residence provide her with more than one choice.
The other option is to file the I-130 and then file for a K-4 visa, but I've seen/heard the K-4 visa application taking several months, getting approved after the I-130.
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Only US citizens can petition for any K visa.
 
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Jackolantern said:
Yes, it is a very large and looming possibility. Spouses of US citizens and permanent residents have a very high rate of overstay, so if the officer at the port of entry knows about the marriage they will usually refuse entry.

She might get lucky and the officer doesn't look enough into the system to see the I-130. But if the officer realizes there is an I-130 filed for her and hassles her about it, she will have to point out that (1) consular processing was selected on the I-130 [make sure you select CP and not AOS for question 22!], (2) she visited you before and left without overstaying, (3) she will not stay in the US to attempt AOS/I-485, she will leave the US and interview for the GC at a consulate. And hope the officer believes her on point 3 and lets her into the US.
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Jackolantern, thank you for the precious smart advice, I will keep what you said in mind in case she came to visit me....

I will send the I-130 tomorrow morning "without a lawyer's signature".
 
Raziel,

It would have been better if your wife would have stayed in the US to file for AOS. Once she left the country is very unlikely she can get admission at the POE, you guys will have to wait until your petition is approved and get through consular proceedings to get her immigrant visa. And please, don't waste your money and time with attorneys, you can do it yourself.
 
lalasim said:
Raziel,

It would have been better if your wife would have stayed in the US to file for AOS. Once she left the country is very unlikely she can get admission at the POE, you guys will have to wait until your petition is approved and get through consular proceedings to get her immigrant visa. And please, don't waste your money and time with attorneys, you can do it yourself.
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Did you read about the fact that the OP is only a green card holder? He is NOT a US citizen, his wife cannot file for AOS, until a visa number becomes available. However, since visa numbers for green card holders are taking less than a year these days, hence he's being advised to file I-130 when his wife arrive, she had 90 days visit and request an extension for additional 90 days, which will get her 6 months. Assuming a visa number becomes available, she moves back home to do consular interview and process, and return to the US in another 3-6 months.
 
lalasim said:
Raziel,

It would have been better if your wife would have stayed in the US to file for AOS. Once she left the country is very unlikely she can get admission at the POE, you guys will have to wait until your petition is approved and get through consular proceedings to get her immigrant visa. And please, don't waste your money and time with attorneys, you can do it yourself.
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AOS is inadvisable; she is likely to be denied for immigrant intent. Remember, she is not the spouse of a US citizen; spouses of LPRs don't get the leniency on the immigrant intent issue.
 
Raziel said:
Jackolantern, thank you for the precious smart advice, I will keep what you said in mind in case she came to visit me....

I will send the I-130 tomorrow morning "without a lawyer's signature".
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You should have waited until after she is in the US to file the I-130. Then she could stay up to 6 months while waiting for the consular appointment. Filing it before she arrives increases the risk of having her refused entry.
 
She had to finish few issues in her country, so we planned that she fly here in April, I didn't want to file I-130 in April so I made this post here wondering about her April visit, her true intention in April is not to over stay but to complete the consular proceedings, it is a bad idea if she filed I-485 here in USA, right?
 
Raziel said:
She had to finish few issues in her country, so we planned that she fly here in April, I didn't want to file I-130 in April so I made this post here wondering about her April visit, her true intention in April is not to over stay but to complete the consular proceedings, it is a bad idea if she filed I-485 here in USA, right?
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Yes, filing I-485 would be a bad idea while you are a noncitizen.

By filing the I-130 now, the consulate probably would be ready for her sometime between May to November. So if she arrives in April and is allowed entry, she probably will be able to stay in the US all the way until immediately before the CP formalities.
 
She got 6 months easily last time on her I-94... she stayed for 5 weeks. but that was before marriage and I-130. we are still discussing the risks in the airport if she comes April...
 
When applying for the visa, did she mention on the application that she has a spouse or fiance in the US? If not, did she apply for the visa before you got marriage or engaged?
 
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