Philippine citizen on a Tourist Visa and marrying a Permanent Resident

[Kiwilicious 0]

My fiance came here with a Tourist Visa valid for 10 years, with each stay validity of 6 months.

My fiance and I got married after 3 mos of her staying here in the U.S.

 

I now have applied for U.S. Citizenship with interview scheduled in the next 6 mos.

 

Since her stay will lapsed after 6 months. She is going back to Phils. for another 6 months before returning here again.

 

By the time she is back here , I can now petition her and file the I-130.

 

Do you see any potential issues with the narrative above?

[Crazy Cat 39,327]

As far as an I-130, itself, is concerned, I see no issues.  But, you can file an I-130 for her right now as an F2a visa classification.  Once you naturalize, that becomes a CR-1 visa classification.  What she CANNOT do is to enter the US as a visitor with the intent to stay and adjust status inside the US. 

Edited September 8, 2023 by Crazy Cat

[Kiwilicious 0]

Thank you  . . so the intent is for her to come back here again then that's when we file for her I-130 petition

 

[pushbrk 12,136]

16 minutes ago, Kiwilicious said:

Thank you  . . so the intent is for her to come back here again then that's when we file for her I-130 petition

 

That's fine,,,,,BUT,,, you could file the petition now.  Up to you.