Travel with Tourist Visa while I-130 Petition has been filed!

[dacb1991 0]

Hi Everybody!

This is my first time here and I really hope you can help me.

I am a Lawful Permanent Resident since 12/2013. I filed a Re-entry Permit (I-131) to come back to my country (El Salvador) to finish University and I am currently in El Salvador, my permit expires 10/2016. I got married on 11/2015, She has a tourist visa (Which she obtained way before we got married) and my wife is now pregnant. I have a few questions regarding the process I will have to follow to petition for my wife, and I definitely want to minimize the time I will be away from my wife and baby. I am planning to file the I-130 petition no later than this month (01/2016).

1)Do I need to be present in the US to file the petition for my wife?

2)If the petition is filed 01/2016, can she later visit me using her tourist visa?

3)Can my wife travel as a tourist to US and give birth in US soil (to secure my baby´s citizenship)?

4)If she is able to travel to the US on a tourist visa while I-130 is still pending, can we later file an "Adjustment of Status" so that she can wait in the US?

5) Would it be better if she first enter the US and then file form I-130, to later file form I-485 (Just so that she can wait in the US while green card is approved)?

Thank you guys in advance for your time and answers.

God bless you all!

[Transborderwife 4,666]

1. No, you just need intent to establish domicile

2. Yes providing that she has good ties to home

3.DO NOT DO THIS!!! Your child will have citizenship regardless. You're risking your wife being denied entry.

4. No that's fraud

5. nope fraud