QUESTION
Can I start the permanent residence process for my wife while she is in the US on a tourist visa?
Asked on Sep 21st, 2011 on Immigration - California
More details to this question:
I'm a former U.S. Air Force officer who recently married a Guatemalan national while stationed in Germany. I recently separated from the Air Force and now we're getting ready to go back to the U.S. Due to the short period of time we had left in Germany, it was not practical to start the immigration process while still abroad. My wife has a tourist visa to enter the U.S. for up to 6-months at a time. My question is, if we go back to the U.S. and she enters on her tourist visa, can I file the I-130 form and start the immigration process? I realize if it takes longer than 6 months to process that she'll have to depart to Guatemala, I just can't seem to get a straight answer on whether or not it's legal to file the I-130 while she's physically in the U.S. Also, is she free to travel in/out of the U.S. on her tourist visa while the I-130 is being processed? Any light you can shed on the subject would be greatly appreciated!
6 ANSWERS
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Yes, you may start the process.
Answered on Jun 21st, 2013 at 1:49 AM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Your facts are time-sensitive. As a matter of law, you can file an I-130 petition for her. Under the circumstances, you should also file I-485 simultaneously with I-130. In addition, after I-130/I-485 are filed within 45 days after your entry into the U.S., but within 45 days before her B1/B2 visa expires, she can file for extension of her visa for another 6 months.
Answered on Sep 26th, 2011 at 9:53 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If she is allowed to enter US on a tourist visa, you may file both your petition and her application to become a permanent resident. If she is not allowed to enter US which might happen at the airport, she should withdraw her application for admission to avoid deportation.
Answered on Sep 22nd, 2011 at 7:30 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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In order to enter on a visitor's visa your wife must not intend to stay in the United States. There is a strong chance your spouse will not be allowed to enter the US. If she is allowed to enter you may be able to petition for her. I would recommend you speak with and retain an immigration attorney. For a free consultation you may contact my office.
Answered on Sep 22nd, 2011 at 5:57 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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There will be no problem to file I-130 while she is in the US. It is also no problem after she enters the US for at least 60 days to file I-485, adjustment of status. She does not have to leave the US after she files the I-485 even after her B visa expires. She can apply for travel document to leave the US and return to the US after the trip. She can also apply for employment authorization.
Answered on Sep 21st, 2011 at 9:44 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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If you want a simple answer then yes it is possible to apply when you both are back in the states. I would prefer discussing it with you in detail before you leave for the US.
Answered on Sep 21st, 2011 at 9:37 PM