QUESTION

Can I file for a fiance visa for my wife who is in Poland at the moment and we also got married in Poland?

Asked on Aug 20th, 2013 on Immigration - Texas
More details to this question:
I am a green card holder since 2010. I met my wife in Poland and in 2012, we got married there. I work in USA and tried multiple times for my wife to come and be with me without success. My wife was denied seven times a tourist visa. We do not know anymore how we can be together. I have not filed for a green card for her because it will take years until she finally can come and be with me. We want to marry in USA as well. Can you tell me as a green card holder do I have right to file for fiance visa for my wife in order for her to be able to come and stay with me and after we marry in USA I will file for a green card for her? What other options I can consider in order for my wife to come and be with me besides the long waiting time period for the green card application? Any other options? Thank you for your help!
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2 ANSWERS

Adebola O. Asekun
Your wife's B-2 visa applications would have been denied once the Consular officer finds that she is spouse of a green card holder because, it is suspected that she is an intending immigrant and that she would not leave the US after her B-2 visa expires but instead stay with you. And the facts you have provided clearly support the Consular officers' adverse determination. I believe that decision will not change and so, it is pointless for her to make any more B-2 visa applications. Instead, you should file her I-130 petition with CIS without further delay. In fact, if you had done that after your marriage in 2012, it would have been approved by now. According to the most current visa bulletin, Aug 2013, petitions in that category, F2A [spouses and children of LPRs] are current across the board. But from my experience, it is possible your wife may created additional problems down the road because, as it happens in cases such as this, if in her several attempts to get a B-2 visa, if it is found that she gave contradictory or inconsistent statements or submitted fraudulent documents during any one of her B-2 applications, she may now be found inadmissible under ?.212(a) (6) (C) (i) INA. In cases such as yours, I have always felt that hiring an experienced attorney should be considered, and I do so in your case as well.
Answered on Aug 27th, 2013 at 5:26 AM

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Because you are already married in Poland, you cannot petition for her as your fiancee. The priority date for spouses of lawful permanent residents is current, so there is no wait time as of right now. You can petition for her now on form I-130, and she should be able to come to the US within 12 months as long as the priority date or the waiting list does not change.
Answered on Aug 20th, 2013 at 8:02 PM

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