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nonahal

Plz help: Married to a foreign spouse, but she has a US Visit visa

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Hi

I am a US citizen and recently got married to a Pakistani citizen in Pakistan. My wife has a valid US Visit Visa and has been visiting the US frequently prior to our marriage. Since I am not aware of all the laws, I need your help in finding out my best options for my wife to come to US. We are hoping she can visit me next month on her visit visa. Once she is here, I plan on applying for her i-130. But does she have to go back while the case is processing? Someone told me that since we got married in Pakistan, she will have to leave. Someone else suggested that if we register or civil marriage in the US, she can continue to stay here as long as the case is being processed. Another person said to apply for i-129f instead of i-130. I am confused as to what are my best options and any help you can provide will be much appreciated.

Thanks

Nonahal

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You are married so you cannot apply for the I-129F.

You will apply for the I-130.

She will have to leave the country for her medical and interview. She will have to abide by the rules of her visit visa and not overstay. When her vacation is up she must return home and wait out the process which can take up to a year.

Visiting while waiting is possible but not always a guaranty that she will be allowed entry.

Entering on a visitor visa with intent to immigrate is Visa Fraud.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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A couple of things:

1) It makes no difference where you were married--you have to go thru the very same process, and the I-130 is just the first step.

2) If she is allowed in which is not a given, she can stay as long as her visa allows as Inky said, and--it is a VERY important and--she MUST leave before the visa expires as Inky said. DO NOT underestimate the importance of this--you can find yourself in immigration hell if she overstays.

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