Permanent Resident files I-130 for foreign national spouse

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dis66

Registered Users (C)
I am a US PR card holder and soon I will approach my first year card-anniversary. My girlfriend is a foreign national who at this moment resides outside the USA but has a valid tourist visa. Suppose I marry her next month then:

1. Right after the marriage can I immediately file I-130 for her or do I need to wait sometime?

2. My understanding is that her immigrant visa interview will be scheduled after her priority day (F2A category in bulletin) becomes current. But which is counted as "priority day"? Is it the day when I mail form I-130 to USCIS or is it the day when my I-130 application is approved? So if I mail form I-130 on Jan. 30, 2013 and the I-130 is approved on Dec. 20, 2013 then which is my priority day for F2A?

3. During the time awaiting for her priority day to become current can she freely travel to the USA with her tourist visa? Are there any restrictions on the number of trips per year somebody can do in the USA with a tourist visa. I know that each time she can stay only a limited time.
 
dis66 said:
1. Right after the marriage can I immediately file I-130 for her or do I need to wait sometime?
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You can file immediately. As a practical matter it may be a few days until you get a certified copy of the marriage cert.

But which is counted as "priority day"? Is it the day when I mail form I-130 to USCIS or is it the day when my I-130 application is approved? So if I mail form I-130 on Jan. 30, 2013 and the I-130 is approved on Dec. 20, 2013 then which is my priority day for F2A?
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Neither; it is the date USCIS receives the I-130. That will be a few days after mailing.

3. During the time awaiting for her priority day to become current can she freely travel to the USA with her tourist visa? Are there any restrictions on the number of trips per year somebody can do in the USA with a tourist visa. I know that each time she can stay only a limited time.
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As the spouse of a permanent resident and the beneficiary of a filed or approved I-130, she will have significant obstacles to visiting the US. She will need to have clear evidence of foreign ties, including property, employment and anything else that would demonstrate she will leave the US.
 
dis66 said:
3. During the time awaiting for her priority day to become current can she freely travel to the USA with her tourist visa?
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She can try, but being married to a permanent resident who has filed I-130 for will make it more difficult. However, if you file the I-130 when she's still in the US, and then she leaves the US without overstaying, on her next trip if she's hassled she can point out that she previously was in the US with a pending I-130 but left anyway, and will leave again.

Are there any restrictions on the number of trips per year somebody can do in the USA with a tourist visa. I know that each time she can stay only a limited time.
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A tourist visa holder can expect to be refused entry if they've been in the US for a total of 6 or more months in the past 12 months.
 
dis66 said:
I am a US PR card holder and soon I will approach my first year card-anniversary. My girlfriend is a foreign national who at this moment resides outside the USA but has a valid tourist visa. Suppose I marry her next month then:

1. Right after the marriage can I immediately file I-130 for her or do I need to wait sometime?

2. My understanding is that her immigrant visa interview will be scheduled after her priority day (F2A category in bulletin) becomes current. But which is counted as "priority day"? Is it the day when I mail form I-130 to USCIS or is it the day when my I-130 application is approved? So if I mail form I-130 on Jan. 30, 2013 and the I-130 is approved on Dec. 20, 2013 then which is my priority day for F2A?

3. During the time awaiting for her priority day to become current can she freely travel to the USA with her tourist visa? Are there any restrictions on the number of trips per year somebody can do in the USA with a tourist visa. I know that each time she can stay only a limited time.
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IF you feel that you must get married right away then it would be EASIER if you went to see her than she visit you. You are years away from filing anything to speed her arrival in the U.S. (you need to naturalize first). Please see a competent Immigration Attorney (such as Rajiv) to discuss all the intricacies involved.
 
Jackolantern said:
However, if you file the I-130 when she's still in the US, and then she leaves the US without overstaying, on her next trip if she's hassled she can point out that she previously was in the US with a pending I-130 but left anyway, and will leave again.
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Thanks Jack. Do you think that if we marry in the USA (with her being on a tourist visa) will cause any problems? Ideally, I like her to come in the USA to marry me,subsequently we file I-130 and then I let her go back to her country without overstaying.
 
Marrying in the US is not a problem. The problem is visiting the US with the constraints of a tourist visa, when married to a permanent resident. Same problem if you got married to her outside the US.
 
help me

i have been to usa for eight weeks holiday while i was there met a wonderful lady i am going back to stay with her with a view to getting married eventually how long does it take to get a visa to marry .i am retired also dierbetic on tablets
 
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