If your spouse does not wish to permanently reside in the U.S., then a marriage visa is not the path you want to take. The marriage visa, called an immigrant visa, would actually lead to her obtaining lawful permanent residency in the U.S. It is an immigrant visa meaning it is permanent. There is no non-immigrant marriage visa for spouses of U.S. citizens.
That said, the foreign affairs manual ("FAM") does provide a path for a spouse to obtain a visitor visa (B-2). Here is the provision:
9 FAM 402.2-4(B)(4) (U) Spouse or Child of U.S. Citizen or Resident Alien (CT:VISA-778; 05-13-2019) (U) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien may be classified as a nonimmigrant B-2 visitor if the purpose of travel is to accompany or follow to join the spouse or parent for a temporary visit.
In the event your spouse wants to obtain lawful permanent residency, you can start the process by filing for her on Form I-130. She will have to apply for a visa through the embassy. If you have questions, do not hesitate to contact us: https://porter-law.com/contact/
Please consult the appropriate professional to request an analysis of any immigration issues discussed in or implicated by this communication, or to assess the advisability. The information provided on this communication is of a general nature and may not apply to any specific case or particular circumstance. It is not to be construed as legal advice nor presumed to be up to date.
Answered on Jun 22nd, 2020 at 6:55 AM