Possible change of plans

[michael_nc 0]

If my wife in the Philippines already has a tourist visa, would there be any problems if she came back to the US to be with me? I am an American citizen and we were married here in the US. She is a government employee and needed to go back to formally give her resignation. I have already filed the I-130(rec'd NOA), and filed the I-129F, but haven't rec'd a NOA yet. Could we abandon or withdraw the petitions without problems? And if so, we could then file for change of status once she was here. Is that possible?

[pushbrk 12,569]

If my wife in the Philippines already has a tourist visa, would there be any problems if she came back to the US to be with me? I am an American citizen and we were married here in the US. She is a government employee and needed to go back to formally give her resignation. I have already filed the I-130(rec'd NOA), and filed the I-129F, but haven't rec'd a NOA yet. Could we abandon or withdraw the petitions without problems? And if so, we could then file for change of status once she was here. Is that possible?

To enter on a tourist visa with the intention of adjusting status is visa fraud. She can enter and stay as long as she is allowed but must return and interview for K3 or CR1. If she enters on her tourist visa, she should indicate she is entering for some pleasure or tourist related reason, not to visit her husband. If she says she's coming to visit her husband, she will most likely be refused entry.