Thursday, December 31, 2009

How should I go about bringing my spouse to the US?

If she gets a spouse visa which takes a year to process, can she obtain a tourist visa and stay in the US in the meantime?





I want to know the quickest way to avoid being apart.How should I go about bringing my spouse to the US?
Where is she from, if from Canada she can go to the US as a visitor, my husband and I just did this, I am Canadian and came here as a visitor, we got married, then applied for permanent residence. We are still going through the process, it will cost a total of around 2000.00 for all the immigration applications and medical exam. Good luckHow should I go about bringing my spouse to the US?
Legally, there's nothing to stop her from coming as a visitor while the spouse visa is being processed. It's not fraud. There's nothing fraudulent about it at all.





However, in practical terms, it's highly unlikely she'll be allowed to do it. I assume you are a US citizen. The moment she sets foot on US soil she'd be free to file an I-485 to adjust her status based on her marriage to a US citizen and a visa number being immediately available. The whole idea of a spouse visa is to avoid this situation.





So, yes, she can come as a tourist but it's very unlikely they'll let her.





In the case that you are NOT a US citizen, the wait for a spouse visa is going to be about 5 and 1/2 years.
The biggest problem with your idea of getting her a tourist visa is that it's highly unlikely it will be approved. She has a USC spouse and is considered an overstay risk, and you yourself have stated that she would come and wait while the visa was pending, which means she's not coming for a holiday, but to become a resident. If she lies about your existence in order to enter the US, it could well come back to haunt you when you apply for her, not to mention she could face removal at any time.





File the I-130, and once you have the receipt in hand, file for I-29F (K3 - spousal visa). It probably will take about a year, but thousands of us spend a year or more apart from our spouses while going through this process and live to tell the tale. It's something we have to do to prepare for our futures. If your marriage is strong and you truly love each other, in the end, the time apart will be a mere blip.
What country is she from? What state are you in? Regardless of which temporary option you choose, she will have to leave and do the interview and medical checkup. You can file an I-129F as soon as you get the reciept from the spousal visa. I know it says for fiance, etc, but you can file it for a spouse and it cuts the waiting time in half. If she is from a country with a visa waiver program she can come here for 2 months, no paper work required and then go home, just keep doing that until the process is over, but she won't be able to work and that could be too costly for you. USCIS.gov
No. What you are proposing is called visa fraud. She would be deported and banned from the US for a minimum of 10 years. Your spousal visa would be denied and you would have to wait until her ban is up to apply again. You have to wait or live there if circumstances allow.
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