US Citizen Husband wife having vistor's visa

I

imm.matters

Registered Users (C)
Hi, I am USC and about a month ago got married to an Indian Citizen in India. My wife has Visitors visa (which she got before marriage) and she is planning to visit me this December, my question is:

1. Shall I apply for her green card (I130) while she is in India or can I apply it once she comes into US on her Visitors VISA?

2. If I apply while she is in India will the immigration officers let her come in?

3. If I apply after she comes into US will it be legal?

4. What other ways are there for me to apply for her?

Thanks in advance!!
 
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Do the right thing. Apply for the spouse visa. She will be unlikely to be admitted as the spouse of a US citizen on her B2 visa. She must NOT lie and hide this relationship.

Do not create unnecessary problems by bringing her in on B2 and filing AOS. No one will believe that this was not planned to avoid going through the legal process.
 
Apply for a spouse visa. If you start now, you are looking at about 6 months depending upon your consulate. Coming here on a visitor's visa reeks of intent to immigrate. She *may* run into serious issues at the PoE.
 
Thanks for the answers. One more doubt, if for example she comes on her B visa and immigration officer denies her at POV does that mean I cannot apply for spouse visa either I mean she will not be permanently banned from entering into US, right?

Also in that case will her B visa be canceled as well?

Thanks,
 
imm.matters said:
One more doubt, if for example she comes on her B visa and immigration officer denies her at POV does that mean I cannot apply for spouse visa either I mean she will not be permanently banned from entering into US, right?
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It depends on what happens at the POE.
 
imm.matters said:
Thanks for the answers. One more doubt, if for example she comes on her B visa and immigration officer denies her at POV does that mean I cannot apply for spouse visa either I mean she will not be permanently banned from entering into US, right?
Click to expand...
If she lies at the POE and is caught (including being caught long after entering the US), there probably will be a long-term ban, possibly permanent.

But if she doesn't lie and the only issue for refusal of entry is immigrant intent, they'd probably just send her back and tell her to apply for an immigrant visa at a consulate. However, she'd likely be banned from obtaining a tourist visa, student visa, or any other visa that doesn't allow immigrant intent.

Those are just probable outcomes. With US immigration it is impossible to predict their actions reliably. In a worst case scenario, she could get shipped off to an immigration detention center, remain locked up for several months, and then get deported with a long-term or permanent ban.
 
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After reading all the responses I am planning to go the right way and get her a spouse visa.

One question though, while all the paper work is being processed can she visit me on her B visa and she will tell the immigration officer upfront that she got married to a USC and her only intention is to visit him and then go back to home country after three months and attend her spouse VISA interview there. If she tells this to immigration officer can she still be banned from obtaining tourist VISA or spouse visa etc?

Thanks in advance!!
 
They'll probably still refuse entry, because they know it is so very common for spouses of USC who enter with a B1/B2 to file for AOS once they're let into the US. But probably with no ban against getting an immigrant visa.
 
imm.matters said:
After reading all the responses I am planning to go the right way and get her a spouse visa.

One question though, while all the paper work is being processed can she visit me on her B visa and she will tell the immigration officer upfront that she got married to a USC and her only intention is to visit him and then go back to home country after three months and attend her spouse VISA interview there. If she tells this to immigration officer can she still be banned from obtaining tourist VISA or spouse visa etc?

Thanks in advance!!
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Technically yes because she does not have immigration intent on this visit
But I don’t think at IO will allow that
 
Very likely to be denied entry, but it is not impossible. Who knows. She might just get in to visit you. If she does not lie, she will not be banned.

imm.matters said:
One question though, while all the paper work is being processed can she visit me on her B visa and she will tell the immigration officer upfront that she got married to a USC and her only intention is to visit him and then go back to home country after three months and attend her spouse VISA interview there. If she tells this to immigration officer can she still be banned from obtaining tourist VISA or spouse visa etc?
Click to expand...
 
My story

After reading all these messages I am going to share my story with you please give me an opinion.

I am a Romanian citizen married with an American one (by neutralization certificate) since 23rd October 2008 residing for the past two years (both of us) in New Delhi, India.
My husband in the past 4 years has been back to US only 4 times. Now on the 28th of May he left again there. In these past years he kept his records clean in US, paying even taxes there.
Now while in US he has applied for a PIO card for himself for India and based on his I shall apply for mine. Till now our status in India was like this: he was on a tourist visa, but registred as rezident in India and my business visa which I had in beginning when I first came to India (2006) was turned into X visa - I am also registred in India as a rezident but due to my X visa I can not work or hold properties here for now. I have only a bank account (not too much money in it althow -- paying the utilities from it) and an Indian driving licensse. After I get my PIO card issued I can work in India.
My husband holds properties in India, has a business here and he is paying taxes. (he is an American on tourist visa here but his origins are Indian )
So basically the only way I can prove my connection with India is through my husband. Have to mention also that all his family except his father who is a green card holder, are US citizens also residing in NY. They travel 3 times a year to India to see us.

Basically we do not want to move to US. We are quite happy in India. Just that now my husband is in New York for the next 3 months looking for some business deals and he wanted me to join him for 4 weeks. So I can meet his friends there and see places. Therefore I applied for a tourist visa. My interview is at the end of the month. I have read all your posts about what could happen at the POE and I do not know what to think anymore. Honestly now I do not want to move to US. Could of applied for the spouse visa till now if so .. but didn't wanted to.
What do you think .... can I get the tourist visa and be permited to enter US ?

Thank you,
Alex
 
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Your situation is unusual. The only way to know is to get the documentation on your husband's current obligations in India and apply. All you have to lose is a little money.
 
I know it is a bit unusual. However I do not want to go through such a hastle for no reason ...
In US he is having 2 accounts, one is on his name single, one is joint account with his sister, with over $10.000 each.
In India he has land on his name, cars, auto components business, NRI bank accounts, tax filled returns.

We are really quite set financialy in India and we are truly happy here.
I have been in India for over 4 years now... first two years travelling back and forth from Romania, two registred here permanently. I for one do not want to live in US.
Travel yes; I mean why not ..
will they belive me?
 
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