best option for spouse of LPR to come to USA while i-130 pending and PD is a 1yr+ out

[cyber788 0]

hi

I am a green card holder, i have applied 1-130 for my spouse, the priority date is over a year out, i am wondering on which option is better to have her come to the U.S.(tourist visa or student visa( as she wants do her masters)). we do not intend for her to over stay here but it is easier for her to come visit then i visiting (am pretty sure my employer would say something after a couple of PTO + i have to maintain a job to be able to financially sponsor her) .

on the same topic:
does any one know or have a logical reason why green card holders only are under a yearly visa limit sponsoring their spouses(which makes them have to wait years until they can be together), and or not able to apply for a wife visa. unless there is a logical reason there should be a petition

thank you

[Alaska2012 462]

It might be hard for her to get a tourist visa with you in the US. What ties does she have to her home country... A lot depends on what country she's from.

[Hypnos 6,578]

As you say, a B-2 tourist visa or an F-1 student visa, both of which are going to be extremely difficult/impossible for her to obtain after you've filed an I-130 for her, declaring immigrant intent.

Visas for spouses of LPRs are numerically limited because that's what Congress decided to do.

[NikLR 13,232]

You can try a tourist or student visa.

LPR wait longer for a spouse because it's a year for a USC, You can upgrade a petition once you become a USC. USC takes priority in the USA, logically.

[newacct 688]

Did you get married before or after you become a permanent resident?

[aleful 1,905]

hi

I am a green card holder, i have applied 1-130 for my spouse, the priority date is over a year out, i am wondering on which option is better to have her come to the U.S.(tourist visa or student visa( as she wants do her masters)). we do not intend for her to over stay here but it is easier for her to come visit then i visiting (am pretty sure my employer would say something after a couple of PTO + i have to maintain a job to be able to financially sponsor her) .

on the same topic:

does any one know or have a logical reason why green card holders only are under a yearly visa limit sponsoring their spouses(which makes them have to wait years until they can be together), and or not able to apply for a wife visa. unless there is a logical reason there should be a petition

thank you

hi

you are lucky, nowadays it's only 2 years, imagine only 10 years ago, when the waiting was 5 to 7 years for a spouse and unmarried child under 21 of a LPR

[Penguin_ie 5,996]

***** One personal attack/ ranting post and one quoting removed. Stay civil. *****

[JFH 12,191]

I understand that you are not able to travel to see her because of your work commitments and finances. But what is her employment situation that allows her to come and see you regularly or for long periods? If she's not working then it will be even harder for her to get a B2. She needs to show strong ties to her home country and no job there and being completely dependent on you is not going to look very good at all. The CO will justifiably believe she has nothing to come back to.

Edited April 24, 2016 by JFH

[cyber788 0]

got married after i got my green card( don't qualify for follow to join) .

She doesn't have a job this is her last year in her undergrad, but plains to do grad school in the US,if she gets an offer from a univ. would it be easier then a B2 visa to get a student visa.

but in an case there is no intent to over stay, as this would effect her ability to get an approval for the i485 shouldn't that be enough prof.

2 years wait is still a long time to wait to bring a spouse/child of LPR, still room for improvement.

[JFH 12,191]

but in an case there is no intent to over stay, as this would effect her ability to get an approval for the i485 shouldn't that be enough prof.

2 years wait is still a long time to wait to bring a spouse/child of LPR, still room for improvement.

People overstay every day. Even with the risk of being denied future admissions into the country. All aliens are assumed to have immigration intent unless they can satisfy the officer to the contrary.

[Umka36 781]

got married after i got my green card( don't qualify for follow to join) .

She doesn't have a job this is her last year in her undergrad, but plains to do grad school in the US,if she gets an offer from a univ. would it be easier then a B2 visa to get a student visa.

but in an case there is no intent to over stay, as this would effect her ability to get an approval for the i485 shouldn't that be enough prof.

2 years wait is still a long time to wait to bring a spouse/child of LPR, still room for improvement.

Since she does not work, I'll assume someone will be paying for her education in the US.

It's not enough proof of not over staying, because all she needs to do is wait it out until you are a US citizen and over stay is forgiven for US spouse. Is your spouse from a VWP country?

[Bertoli 16]

Even if your wife gets a visa, she will have to go back home for the consular interview. Filing for adjustment of status (AOS) will be considered visa fraud. She can apply for a non immigrant visa but with a pending F2A petition, the CO will mot likely deny her for strong immigrant intent. There are rare cases where NIV are issued at consular officers' discretion.