Visiting the USA with a spouse

[AdnanSA]

Hi,

I have a question, I currently live outside the US with my spouse, I plan on visiting my brother and aunt who live in the US with my spouse.

Can my spouse try to get a tourist visa, and if approved once she enters the US we would then file the I130 petition. Is this allowed and would she have to return to her home country once the I130 is filled?

Thanks

 

[Triple Citizen]

She already has preconceived intent to immigrate. Go through "Consular Processing".

Hi,

I have a question, I currently live outside the US with my spouse, I plan on visiting my brother and aunt who live in the US with my spouse.

Can my spouse try to get a tourist visa, and if approved once she enters the US we would then file the I130 petition. Is this allowed and would she have to return to her home country once the I130 is filled?

Thanks

 

[cafeconleche]

Do you plan on visiting your family? Because, it sounds like you actually plan on moving to the US. If just a visit, the visa would be fine. If moving, then as Triple Citizen says, you cannot do so with the visit visa once you've already decided to do so.

 

[1AurCitizen]

Hi,

Can my spouse try to get a tourist visa, and if approved once she enters the US we would then file the I130 petition. Is this allowed and would she have to return to her home country once the I130 is filled?

Thanks

No, no, no not allowed.
As others noted, entering on a B2 with pre-conceived intent to immigrate could be construed as visa fraud. Return home, and go the CP route.