Wife may not be able to return to US for a while...

[casualsurfer 25]

My wife and I got married earlier this year while she was in the U.S. on visitor's visa (B-1), which was granted in 2012, prior to Taiwan getting VWP status. She's been in and out of the country a few times since then, but the last time she entered via SFO the local USCIS agents gave us a really hard time due to the number of times she's been here this year (January, May, September - each time for ~60 days), since her visa is B1 and not K-3 or other types of "spousal visa", and I'm assuming they made some notes on their system to flag her next time she comes in.

My question is: I filed I-130 about 3 weeks ago and plan to go through the IR-1/CR-1 route in Taiwan (she resides in Taiwan most of the time for now) via AIT, but we have plans for her to visit me in mid-January (she just left in mid November) and going back to Taiwan in mid-March. What are my options? After researching I'm thinking:

1) K-3: but this takes 6 ~ 9 months

2) Ask her to get a new passport and go through the VWP route

3) Try to re-enter on her current B-1 and see if they guy/gal will give us a hard time

I travel with her when she comes in because she doesn't speak English that well, and I'm more than annoyed at how they treat people at the airport these days.

Suggestions and thoughts?

Thank you!

[Cathi 5,794]

Your only option is and i130 for cr1. K3 visa is obsolete and rarely if ever issued anymore.

[atm 8]

Option 2 is not a good idea. They will have all her identity details (and entry/exit dates) in their system, new passport (and VWP) or not.

[casualsurfer 25]

So you guys think there's no way she could be visiting me in the mean time on her B1 visa?

[B & G 200]

So you guys think there's no way she could be visiting me in the mean time on her B1 visa?

She could be given a hard time at POE or even worse, sent back. The problem is the lenth and frequency of her stays in the US.

Rule of thumb is spend alot more days out of the US than in it. Right now you are hovering around her spending more time in the US than out.

I would advice to tread carefully. Delay the trip alil more, show that she stayed out of the US for longer than 3 months.

For if she isnt allowed to enter, her B1 visa can become void and with that so will her chance of being authorised and ESTA for VWP travel.

The CR1 petition is a long process, about a year, so to lose the advantage of her B1 will not be beneficial to you guys. Its better to make shorter trips, that are spaced out.