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

Yes. This called retrogression and it is not a good thing but, it is the reality of the situation.

In the event that you naturalize before a visa becomes available in the F2A category you can "upgrade" your petition immediately upon obtaining your certificate of naturalization. I hope it does not come to that. As an asylee, the "resident since DATE" on your greencard should have been backdated, so should be Nov 2009, right?
 
Raziel said:
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...
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This retrogression in family 2A might actually help your wife when she visits in April. When the PD is current or close to current, they would be more concerned that she will stay and file I-485. But this retrogression prevents her from doing that.
 
Playing devil's advocate here. Retrogression may also encourage people to enter as visitors and stay back, seeing that their wait to unite with their spouses has increased by a few years.

Jackolantern said:
This retrogression in family 2A might actually help your wife when she visits in April. When the PD is current or close to current, they would be more concerned that she will stay and file I-485. But this retrogression prevents her from doing that.
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Triple Citizen said:
Playing devil's advocate here. Retrogression may also encourage people to enter as visitors and stay back, seeing that their wait to unite with their spouses has increased by a few years.
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True; it depends on which side of the coin the IO views.

Retrogression would be more of a deterrent to staying for other relatives such as over-21 children and siblings, since they don't have the option of having their overstay forgiven. Whereas the spouse of an LPR can stay and wait for the LPR to become a citizen and get the overstay forgiven.
 
Oh well... this is a sad day for me... Thank you friends for the replies and interesting discussion
 
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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I'm on the exact same boat, but i'm a USC and married in CA. My wife visit me quite often, like thanksgiving through christmas or family gathering, etc. This is great info for me. She have every intention on going back home everytime she visit me cause she have work, bills, etc. I'm very iffy on sending out my complete I-130 at this point, but have to get greencard. Anyone have anything to add or comments please do
 
Al Southner said:
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.
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hi sir al- im in the US right now on a tourist visa. my husband is an LPR. we've been married for 2 years but only decided to give a life here a try. if we file an i-130 now, do you think ill be able to wait for a visa number to become available and file for an AOS without overstaying for over 180days? im able to stay here until april according to my i94. if i have to go back to my country on April, with the i-130 filed this month, how long do i have to wait before i can come back to the US? is it in terms of years? thanks
 
keechan said:
hi sir al- im in the US right now on a tourist visa. my husband is an LPR. we've been married for 2 years but only decided to give a life here a try. if we file an i-130 now, do you think ill be able to wait for a visa number to become available and file for an AOS without overstaying for over 180days? im able to stay here until april according to my i94. if i have to go back to my country on April, with the i-130 filed this month, how long do i have to wait before i can come back to the US? is it in terms of years? thanks
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The wait time for spouses of LPR is 3 years, starting when the I-130 is filed. If you spend 6 months in the US for this visit, you can visit again after spending the next 6 months outside the US, but you'll still need to wait out those 3 years* in order to immigrate.


*the backlog for the F2A category may shorten or lengthen as time goes by; historically it usually is about 4 years, but late last year it got cut down to less than 6 months before being bumped back up to 3 years.
 
Moments said:
I'm on the exact same boat, but i'm a USC and married in CA. My wife visit me quite often, like thanksgiving through christmas or family gathering, etc. This is great info for me. She have every intention on going back home everytime she visit me cause she have work, bills, etc. I'm very iffy on sending out my complete I-130 at this point, but have to get greencard. Anyone have anything to add or comments please do
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You have to file the I-130 at some point if she's going to get a green card. What are you waiting for? File the stinking thing now! Unless you and/or she plan to save up money to prepare for the possibility that she loses her job as a result of being refused entry to the US due to the I-130 filing.
 
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Moments said:
I'm on the exact same boat, but i'm a USC and married in CA. My wife visit me quite often, like thanksgiving through christmas or family gathering, etc. This is great info for me. She have every intention on going back home everytime she visit me cause she have work, bills, etc. I'm very iffy on sending out my complete I-130 at this point, but have to get greencard. Anyone have anything to add or comments please do
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I'm in the same boat. In fact, when my wife was entering the USA before I got USC, IOs have already known about her marriage to LPR (me) and still let her in. Though, first 2 times she was just let in for 1 week, and the last time when she was visiting me - the IO (was really nice and pleasant officer) granted her 6 months (like the first time when she came over to the USA in 2006). So, as it was mentioned earlier, it's up to guys from BP.

Personally, I'm gonna submit I-130 as soon as my spouse returns back to Canada from Europe and sends me over all the papers I need. And I really don't care about possible denial at POE. I bet, her previous voyages to USA and timely returning back will work for her.

Unless she gets a jerk ;)
 
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