Wife applying tourist visa to visit a soon citizen husband

[Sunnym 0]

Hi there,

I am currently a green card holder and am scheduled to have a naturalization interview in May.

My wife, who is currently a foreign national, has planned to visit me soon with a tourist visa. We got

married back in our hometown and marriage is less than 2 years. Since then she already visited

me once with a tourist visa after our marriage. We planned her visit this time long back regardless of my

naturalization status but would like to know if her visit this time could be an alternative to a I-129F/K3

process. Some questions in mind:

1) Is she still allowed to enter U.S. in tourist visa by immigration law provided she tells on paper her

marriage and the immigration officer that her husband is green card holder (but not necessarily about

the incoming interview)?

2) If she legally enters U.S. on tourist visa are we going to face some difficulty or even a denial from

USCIS if we apply Adjustment of Status on her tourist visa after I got my citizenship?

3) If she overstays her tourist visa, can we still apply Adjustment of Status for her and if allowed will the chance of

approval decreases?

4) Is the process of Adjustment of Status the same for spouses who enter the U.S. with K3 and those with

non-immigration visa (i.e. tourist visa in my wife case)

I'd appreciate if someone who has faced the similar situation or has the immigration knowledge can help us out here.

Thank a lot!!

[Kez/JWolf 6]

Hi there,

I am currently a green card holder and am scheduled to have a naturalization interview in May.

My wife, who is currently a foreign national, has planned to visit me soon with a tourist visa. We got

married back in our hometown and marriage is less than 2 years. Since then she already visited

me once with a tourist visa after our marriage. We planned her visit this time long back regardless of my

naturalization status but would like to know if her visit this time could be an alternative to a I-129F/K3

process. Some questions in mind:

1) Is she still allowed to enter U.S. in tourist visa by immigration law provided she tells on paper her

marriage and the immigration officer that her husband is green card holder (but not necessarily about

the incoming interview)?

2) If she legally enters U.S. on tourist visa are we going to face some difficulty or even a denial from

USCIS if we apply Adjustment of Status on her tourist visa after I got my citizenship?

3) If she overstays her tourist visa, can we still apply Adjustment of Status for her and if allowed will the chance of

approval decreases?

4) Is the process of Adjustment of Status the same for spouses who enter the U.S. with K3 and those with

non-immigration visa (i.e. tourist visa in my wife case)

I'd appreciate if someone who has faced the similar situation or has the immigration knowledge can help us out here.

Thank a lot!!

If your wife enters the US on a tourist visa with the intent to remain and file for AOS then she will be committing visa fraud.

You need to follow the legal route for her to immigrate to the US. There is nothing to stop her from coming to visit as long as she has enough evidence to prove to the CBP officer at her POE that she intends to depart the US before her authorized stay has expired.

You can file the I-130 for her now as a LPR and have it updated once you become a citizen.

[aaron2020 11,651]

Are you asking if you can lie by omission when your wife enters the US thus violating the immigrations law and then get away with it?

This forum is to help people immigrate legally. We are not here to help people lie and circumvent the law.

[Boiler 46,113]

Shoule be a sticky for the next time someone complains about problems getting a visitor visa.