Can Spouse Visit on Tourist Visa?

[NewlyWed 1]

Married after 4 year relationship.

She has been to the states 5 times since 2008.

I have visited her and stayed with her 4 times.

We decided to get married last year in August while she was visiting.

No plans. Courthouse. No party, no ball, nothing.

I also went to Mexico in December married there.

It was delicious(The food was the only thing I was picky about).

She is now finished with her education. (BA in International Relations)

Thinking about filing i-130 so that she can immigrate.

However before we file I would like her to visit me for a couple of months.

We DO have intentions of filing. I am hoping that she can come visit me on her tourist visa.

I am calling CBP in the morning with many questions.

I looked in the FAQ and have been doing a lot of reading.

I want to marry my fiance/fiancee who is here in the US on a visa, can I marry him/her here in the U.S, and if I do, will he/she be sent back to his/her home country until the I-130 is approved??

If your fiance/fiancee DID come to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed instead of the I-130 to avoid a denial or deportation.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 should be filed with the relative outside of the U.S to avoid deportation or denial. (Better safe than sorry)

My fiance/fiancee came to the U.S on a tourist visa and we intended to get married and for him/her to return home afterwards and then immigrate from outside the US. Does this mean our petition will be denied, and is what we did illegal??

No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal.

I already bought two way ticket, but do we need to prove ties back to her country. I will file I-130 later this year after she returns. Telling that to CBP officer.

If she stays in the USA and not return she will never be approved, so would that tie her to her country.

I know the CBP scrutinizes tourist visits for wives of US citizens. but based on what I read the only problem would be demonstrating that she will indeed return. Plane ticket is for April 25th. I was definitely not prepared when I purchased ticket. Especially that she may be denied.

What can she do/say/bring to avoid denial. Besides tell the truth.

visiting

husband

is us citizen

he works and cannot visit me at the moment.

we will eventually file I-130.

our dog Peanut(with appropriate paperwork)

wedding certificate from USA and Mexico

not a lot of luggage

letters of relatives here in the States.

letter from me.

copy of my Lease(same as address where she will be staying)

does she need affidavit of support? (never used one)

Edited April 16, 2012 by NewlyWed

[Dan C. 18]

So, if I understand correctly:

• You two married in the US when she was here visiting; she then returned to Mexico.
  
• You haven't filed for your I-130 yet (but are planning to sometime after she returns from this visit).
  
• She has a tourist visa, and wants to visit you for a couple months.
  

I don't see any reason why they would deny her a visit. You two don't even have an pending immigration case yet (even if you did, she'd still likely be allowed in for a visit). Everything you're doing is fine.

Just tell the truth: she's visiting. No need to go into further detail. If they request proof of ties, show that she's studying or something like that. There's no need to assemble tons of information for a simple tourist visit.

[NewlyWed 1]

So, if I understand correctly:

• You two married in the US when she was here visiting; she then returned to Mexico.
  
• You haven't filed for your I-130 yet (but are planning to sometime after she returns from this visit).
  
• She has a tourist visa, and wants to visit you for a couple months.
  

I don't see any reason why they would deny her a visit. You two don't even have an pending immigration case yet (even if you did, she'd still likely be allowed in for a visit). Everything you're doing is fine.

Just tell the truth: she's visiting. No need to go into further detail. If they request proof of ties, show that she's studying or something like that. There's no need to assemble tons of information for a simple tourist visit.

Thank you for your time.

She is finished with her studies.

I called numerous ports of entry and spoken to immigration and customs as well.

Dallas

972-973-9825 transferred...

said she cannot enter, then after pointing out facts about laws and other circumstances he said it is ok for her to visit as long as she provided strong ties and evidence that she will return. He just confused me.

Houston

281-230-4814

Officer said it is ok for her to visit me on her tourist visa.

Why she is visiting and who, must provide proof of return.

As long as we apply while she is in her country(Mexico).

Round trip ticket will help.

Give cell in case officers choose to contact you.

Atlanta

(404) 765-2300.

She can visit as long as she is truthful everything.

round trip ticket will help.

A visitors visa is to visit. However she must return to file

Being denied entry will not effect i-130.

Said she has a good traveling history.

Chicago

no answer.

She will provide no more details than she has to. I believe she will be admitted without any problems.

I just want to be prepared.

[canadian_wife 1,785]

So, to sum up

Entrance into the US is not a guarentee. She may be denied entry even with a valid tourist visa. To help with this, she should carry strong ties to MX to show why she MUST return

Good luck

[Milan&Pam 4]

Your situation is so frustrating to me also. My fiancee is living in Macedonia and we have just filed for his K-1 VISA. We too would like to file for a tourist VISA so he can stay while we wait for his approval....with every intention of him returning to his country for his interview. It is so silly to me, that in cases such as this, it is OBVIOUS your wife has intentions of moving permanently to the US therefore "ties" to her country are going to be minimal. For instance, my finance is in the process of selling his apartment, closing his business, etc, in preparation of moving to the U.S....LEGALLY I might add. Too bad there isn't one more VISA type that allows spouses/future spouses entry to be with their loved ones while they wait. Good luck to you and keep us posted!!