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midwest2112

Is it possible for spouse to wait in USA?

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I was wondering since it is taking a long time for the 130 application and the whole process in general. Is it possible for my spouse that lives in Colombia come to the United States and wait for the process to be completed?? Maybe through a tourist visa or some other means(legally)?  She does not like being separated for so long and it is weighing on the relationship. I’m sure you all can relate. 

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5 minutes ago, midwest2112 said:

I was wondering since it is taking a long time for the 130 application and the whole process in general. Is it possible for my spouse that lives in Colombia come to the United States and wait for the process to be completed?? Maybe through a tourist visa or some other means(legally)?  She does not like being separated for so long and it is weighing on the relationship. I’m sure you all can relate. 

There are quite a few posts like this. If your spouse wants to visit she will need to apply for a B tourist visa. She will be required to show strong ties to her home country in order for them to issue the visa. As she has a pending immigrant visa petition with a USC spouse its highly unlikely she would be approved. Even if she was approved she would only be able to stay in the US for a maximum of 90 days and must return to her home country. She MAY NOT adjust her status after entering on a tourist visa. This is ILLEGAL plain and simple

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She can certainly apply for a visitor visa......and she can certainly attempt to enter the US.....for short visits......but she must complete the consular process in her country.

Even if she is granted a visitor visa, she must convince the border officer (when arriving at the border) that she would return to her country after the visit......that would require strong ties to Colombia.........a spouse inside the US is very strong tie.....to the US.


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Does she have a US tourist visa?


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39 minutes ago, Boiler said:

Does she have a US tourist visa?

Key question, because the chances of obtaining one DURING an immigrant process are extremely slim.


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8 minutes ago, pushbrk said:

Key question, because the chances of obtaining one DURING an immigrant process are extremely slim.

The fact that OP said " Maybe through a tourist visa" makes me think they don't currently have one. But OP should clarify

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4 minutes ago, designguy said:

The fact that OP said " Maybe through a tourist visa" makes me think they don't currently have one. But OP should clarify

I agree.  It was my "nice" way of clarifying that everybody who suggested "she can apply for a tourist visa" neglected to mention she won't get one.


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Well the last thing any of us want to do is judge, but if she does not have one and from the very little the OP has shared she does not seem to be a strong candidate to get one.


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To clarify, she doesn't have a US tourist visa. So everyone pretty much answered my question. Chances are extremely slim.

Thank you everyone for the quick responses. I hate how long this process is and the Nebraska processing center!! ugh

 

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5 hours ago, midwest2112 said:

To clarify, she doesn't have a US tourist visa. So everyone pretty much answered my question. Chances are extremely slim.

Thank you everyone for the quick responses. I hate how long this process is and the Nebraska processing center!! ugh

Your best bet is to go visit her 

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As others mentioned, she can visit on a tourist visa if she has one, if she doesn't, it's highly unlikely she'll be getting one because of her pending 1-130 process. 

She can apply to K3 and if she is approved, she can wait with you in the US while her i-130 is pending, BUT not many k3's are even approved these days. She might have her k3 rejected but ir1/cr1 approved soon. 

That's how it is.

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