I-130 approved, can spouse come to US?

[Hapa 0]

Hello All,

I am in the middle of the immigrant visa process for my wife. The i-130 was approved months ago. We sent her visa application along with my AOS. My AOS was approved, but my wife was notified to get a police report for when she was living in Australia. She lives in Japan and this is proven to be time consuming.

Timing is critical as my wife is pregnant. I want her here before it's too late for her to be able to fly. My question is, since her i-130 is approved can she travel now to the US and finish the application process here? I've read into the K-3 visa but since the i-130 approved it doesn't seem that it's needed.

[Penguin_ie 5,994]

The K3 is obsolete, and you are too late to file it anyway as you are at NVC/ embassy stage. Your wife cannot come here without a visa- technically, she can try to come over on a tourist visa/ visa waiver, but with an immigrant petition pending and heavily pregnant, it is very unlikely she'd be let in.

Please fill in your timeline so we can find out exactly which stage you are at and how long you have been waiting. Your best bet is likely to chase up the police cert (check out out Aussie forum here, they may have some tips on that). Should you be unable to get her to the USA before the birth, you can file CRBA to get the baby a US passport.

[aaron2020 11,651]

Hello All,

I am in the middle of the immigrant visa process for my wife. The i-130 was approved months ago. We sent her visa application along with my AOS. My AOS was approved, but my wife was notified to get a police report for when she was living in Australia. She lives in Japan and this is proven to be time consuming.

Timing is critical as my wife is pregnant. I want her here before it's too late for her to be able to fly. My question is, since her i-130 is approved can she travel now to the US and finish the application process here? I've read into the K-3 visa but since the i-130 approved it doesn't seem that it's needed.

It doesn't make sense to pursue the K-3 when the I-130 has already been approved. Pursuing the K-3 would only delay bringing your wife to the US since you would start from Day Zero.

There is no way for your wife to finish the process in the US. She has immigrant intent, so it would be fraud to use any non-immigrant method (including the Visa Waiver Program) to immigrate to the US.

You're close to getting a visa for her. Just turn her paperwork into the US Embassy as quickly as you can.