Bringing foreign wife of US citizen to the States before I-130/129F is approved

[whatsup0801 0]

Hi,

I, a dual US-Taiwan citizen currently living in US, and my wife, a Taiwan citizen currently living in Taiwan, got married in Taiwan last February. We'd like to get together here in the States ASAP. I filed I-130 (8 months ago) but just filed I-129F last week. Called USCIS regarding the review status of I-130 but it would stay in line for another 2 months. It doesn't seems likely for her to obtain either the IR1/CR1 and K3 visa shortly. I'd like to figure out the fastest way to bring her here. Since she has B-2 visa, I wonder if she can enter the States with B-2 visa and then we can do the change of the status from B-2 visa. Please provide me with more information since I'm clueless.

Thanks.

[snowflakepr 16]

It is my understanding that if she goes to the US on a B2 visa she is only allowed to stay as a visitor and not with the intention to immigrate. I have also seen that there have been people on VJ who have been in the same situation as you, have had their spouse visit on B2 visa and then have filed an AOS and been successful. I have also seen posts from people saying that this is illegal. It seems that we all post just from our current knowledge and experience but give no information that is sound proof guaranteed to be true!

I have looked in to this a fair bit and this is my understanding:

If a person travels to the US on a B2 visa and is granted legal entry in to the US with the intent to return to their home country AND a petition is approved WHILE your spouse is in the US legally on a B2 visa then an AOS can be filled. I am not clear though if the AOS needs to be approved prior to the B2 expiry date.

This is a gamble. Your spouse would need to REALLY be planning on returning back to her home country AND be able to provide strong ties to her country such as letter from employer, mortgage or lease, bank account statements, on going bills in home country etc.

I have visited my husband on a B2 while awaiting our NOA2 but we are not willing to jeopardize messing anything up by trying to stay if petition is approved during one of my visits. Risks are VERY high.

Good luck and hopefully you are able to find out the TRUTH to your question.

[NikLR 13,227]

No she cannot enter the USA with the intent to immigrate without an immigrant visa. She can visit you of course, but if she were to tell the CBP that she was wanted to adjust her status to stay with her USC husband at entry, they would send her back home right away. Lying to the CBP is visa fraud and misrepresentation which comes with a lifetime ban.

[Ryan H 3,813]

Since she has B-2 visa, I wonder if she can enter the States with B-2 visa and then we can do the change of the status from B-2 visa.

This is a nonstarter, using a tourist visa to immigrate is visa fraud which has serious consequences.

[van1234essa 11]

Hi,

I, a dual US-Taiwan citizen currently living in US, and my wife, a Taiwan citizen currently living in Taiwan, got married in Taiwan last February. We'd like to get together here in the States ASAP. I filed I-130 (8 months ago) but just filed I-129F last week. Called USCIS regarding the review status of I-130 but it would stay in line for another 2 months. It doesn't seems likely for her to obtain either the IR1/CR1 and K3 visa shortly. I'd like to figure out the fastest way to bring her here. Since she has B-2 visa, I wonder if she can enter the States with B-2 visa and then we can do the change of the status from B-2 visa. Please provide me with more information since I'm clueless.

Thanks.

I hope you are aware that the I-129F is a fiancé visa. You will be denied this visa since you mentioned your 'wife' and therefor are already married. You guys don't qualify for a K1.. It should be a CR-1 visa that you're going for.

Still good luck with finding a way

[NikLR 13,227]

I hope you are aware that the I-129F is a fiancé visa. You will be denied this visa since you mentioned your 'wife' and therefor are already married. You guys don't qualify for a K1.. It should be a CR-1 visa that you're going for.

Still good luck with finding a way

Just some corrections here, the I-129F is not a fiance visa, it is a petition generally used for a foreign fiance. However, the OP are trying for a K3 which requires the I-130 and an I-129F which is sent with the NOA1 from the I-130. It is a non-immigrant spousal visa, rather like the K1, which requires an adjustment of status. However it is a multi-use visa vs one time use. It's very very rarely granted due to policy at both the USCIS and the NVC. If you look at the I-129F form there is a spot to check off "married."