Work travel to US after I-130 has started?

[jmmadden 0]

Hello. I am an American citizen living in Wisconsin. I am planning to marry a Brazilian woman, IN Brazil and have her stay in Brazil while we begin the paperwork process. My question is - can she travel to the US for work purposes (planning to return to Brazil) while the I-130 is pending? Her normal job duties require her to travel to the US, and if she cannot travel for the 6+ months this process takes - this would have an impact on our decision.

[aplepolisher2 0]

Maybe the best Idea is to wait until the I-130 is approved and then apply for an I-485 adjustment of status IF she is still present in the US, never the less consult with an immigration attorney.

[NikLR 13,220]

Yes she should be able to visit.

Do not listen to the above poster. To visit the USA with intent to immigrate is fraud and also during the AOS your wife cannot leave the USA for about 90 days, which would not work with her job.

[aplepolisher2 0]

My friend am not a lawyer but, I believe that if your intended wife travels regularly to US on a tourist visa or work visa, that means that she has been inspected meaning she already went thought a visa processing once, after you marry her IN BRAZIL you will need to file form I-130 petition for an alien relative, and after I-130 is approved you can either file for form I-485 adjustment of status if she is in US, or there is the option for a k3 visa if the I-130 is pending and she is not present in US yet. The conditions may very depending on where did the marriage took place, if she is or not in US so the process is a little bit more complicated then it seems, I would suggest to consult with a lawyer before your decisions. Of course if you are an American citizen and she travels to US and you marry her there and file for a green card is also a good option, however the lawyer will till be needed since you will have to prove to USCIS that the relationship have been going for a long time and this is not a marriage for immigration benefits, if you file for a green card on a marriage that is less then 2 years old she will get a conditional green card valid for 5 years and if the marriage is longer the 2 the green card will be for 10 years. I hope this helps you with some ideas.

Congratulations on your marriage.

Edited October 23, 2014 by aplepolisher2

[JohnR! 5,495]

She should be able to travel on business or tourism to the US while her CR process is going through the system. Not a big deal at all.

Hello. I am an American citizen living in Wisconsin. I am planning to marry a Brazilian woman, IN Brazil and have her stay in Brazil while we begin the paperwork process. My question is - can she travel to the US for work purposes (planning to return to Brazil) while the I-130 is pending? Her normal job duties require her to travel to the US, and if she cannot travel for the 6+ months this process takes - this would have an impact on our decision.

[NikLR 13,220]

My friend am not a lawyer but, I believe that if your intended wife travels regularly to US on a tourist visa or work visa, that means that she has been inspected meaning she already went thought a visa processing once, after you marry her IN BRAZIL you will need to file form I-130 petition for an alien relative, and after I-130 is approved you can either file for form I-485 adjustment of status if she is in US, or there is the option for a k3 visa if the I-130 is pending and she is not present in US yet. The conditions may very depending on where did the marriage took place, if she is or not in US so the process is a little bit more complicated then it seems, I would suggest to consult with a lawyer before your decisions. Of course if you are an American citizen and she travels to US and you marry her there and file for a green card is also a good option, however the lawyer will till be needed since you will have to prove to USCIS that the relationship have been going for a long time and this is not a marriage for immigration benefits, if you file for a green card on a marriage that is less then 2 years old she will get a conditional green card valid for 5 years and if the marriage is longer the 2 the green card will be for 10 years. I hope this helps you with some ideas.

Congratulations on your marriage.

Maybe you could spend some time reading the IR1/CR1 guides yourself.