Tourist Visa And I-130/I-485

[jklein 1]

Hello,

I recently spoke to the USCIS office. I currently do not have a file open, but will be filing one soon. I am a US born citizen. I recently married my spouse oversees in her country. Before we got married, she received a tourist visa and visited me for approximately one month. We are now married and her tourist visa is still valid. Is it possible that she can come to the U.S. on a tourist visa and then I file a I-130 and I-485? I just want to make sure this process is a valid approach.

If this approach is valid, how will it work since her tourist visa only allows her to stay up to a maximum of six months? The I-130/I-485 process could take longer than six months so just want to make sure she can stay even if she overstays.

If this approach is not valid, can she visit the U.S. while my I-130 file is still pending? If the file opens up prior to her six month restriction is up, will she be required to go back to her home country? In this scenario, when would I file the I-485.

I searched the USCIS website and all other government provided resources, but am unable to find answers to these questions. Please advise.

I appreciate the help with this process. Thank you.

[Hypnos 6,576]

Entering the US on a non-immigrant visa with the preconceived intent to remain and adjust status would constitute visa fraud, so, no, you shouldn't do that. It can lead to a lifetime bar from the US.

It will take around a year for the I-130 process to conclude and for her (hopefully) to receive her visa. She can continue to visit in the meantime but may need to show CBP proof of her ties to her home country.

Edited February 4, 2015 by Hypnos

[jklein 1]

So would I file the I-485 as soon as I file the I-130, or do I only file the I-485 when she legally enters the U.S. as a resident.

[Frips 166]

You just file I-130 and wait for an approval. After approval case goes to NVC, to where you send Affidavit of support I-864 and her documents. You wife is chasing CR1/R1 immigrant visa.

[Hypnos 6,576]

You won't file an I-485.

http://www.visajourney.com/content/i130guide1

Edited February 4, 2015 by Hypnos