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Future wife has tourist visa

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Filed: IR-1/CR-1 Visa Country: India
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Hi,

I am a US citizen, living in India. I will be getting married to my fiance in february here in India. She currently has a 10 year multiple entry tourist visa for the US. She has been to the US about 7-8 times, including once on the current visa. We are not planning to shift to the US for at least 2 years, but we want to go visit my family in the US in june to celebrate our marriage, and periodically to see my friends and family.

Will she have any problems entering the US on the Visa now that she will be married to a US citizen?

Once we decide to shift to the US, how long before should we file for the DCF or IR1 visa? If we file right away and it gets accepted, do we have to shift immediately?

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Filed: AOS (apr) Country: Philippines
Timeline

entry requirements on the tourist visa remain the same.

IR visa are typically valid for 6 mos. after issuance

YMMV

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Filed: IR-1/CR-1 Visa Country: India
Timeline

For her, you will have to prove at POE that you have no intentions of living in US and would be going back after a visit.

As long as she can prove that, she would be allowed to used her tourist visa, this convincing can be subjective as it will depend on the officer at POE.

Once you apply for immigrant visa, it would be even more difficult to use the tourist visa but once immigrant visa is issued you have to use within 6 months of issue.

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  • 4 months later...
Filed: IR-1/CR-1 Visa Country: India
Timeline

For her, you will have to prove at POE that you have no intentions of living in US and would be going back after a visit.

As long as she can prove that, she would be allowed to used her tourist visa, this convincing can be subjective as it will depend on the officer at POE.

Once you apply for immigrant visa, it would be even more difficult to use the tourist visa but once immigrant visa is issued you have to use within 6 months of issue.

Hi,

I have some follow up questions. We will not being applying for an immigrant visa anytime soon, because we aren't planning to immigrate. However, I have heard some stories about these situations causing problems. We got married in February here in India. She is an Indian woman in her late 20s, and that isn't exactly the 60 year old doctor type of visitor. She has a ten year tourist visa, has been to the US on the current visa once, but has been to the US at least 6 times on other tourist and working (artist/performer) visas before. We will be coming to the US for one month. We are going on our honeymoon to Alaska (will have proof of that-tickets/reservations/etc), and spending some time with my family in California.

My question is, how do you prove to the immigration officer that you have no intentions of staying and living in the US? Are there documents that can help? For example, leases of our current house in India, photos of pets, bills, jobs contracts, proof of tourist purposes in the US, etc etc. I don't want to take chances that she gets denied entry, but the embassy here in Delhi can't offer any help or advice. Or are these situations just up to the whims and moods of a (usually) grumpy immigration officer?

Any advice about this would be great.

Thanks,

-S

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