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Filed: Timeline
Posted

Hi everyone,

I am a new member and found this forum to be very informative. Not sure if this has been posted.

I am a US citizen and recently got married in May 07 in Singapore. My spouse is from Singapore.

I will be submitting the I-130form in the next few days. Was wondering if my wife can come

on a tourist visa while the the spousal visa is in process. One thing to add is that Singapore

is under the Visa Waiver program which allows stay upto 90days. Our plan, however, is to get a visa

and extend the stay beyond 3 months before she comes here. Any thoughts on this subject?

Thanks and Good Luck to all!!

Posted

I believe its illegal to come via the visa waiver program with immigration intent. If at POE they ask your wife what is the point of her visit, and she says to visit her husband, they'll ask more questions.. and it will come out that she's awaiting a immigrant visa... which may make the immigration officer deny her entry.

If everything goes ok and she is let in... and you then extend her visa visit... you'll have explaining to do at the interview here, as to her using the visa waiver program with different intent.

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Filed: Other Country: China
Timeline
Posted
I believe its illegal to come via the visa waiver program with immigration intent. If at POE they ask your wife what is the point of her visit, and she says to visit her husband, they'll ask more questions.. and it will come out that she's awaiting a immigrant visa... which may make the immigration officer deny her entry.

If everything goes ok and she is let in... and you then extend her visa visit... you'll have explaining to do at the interview here, as to her using the visa waiver program with different intent.

The visa waiver program is for visits to the USA. Provided your wife returns to Singapore for her visa interview, she has not used the VWP for immigrant intent. She "visited", the definition of which is met by having returned to Singapore.

There is a chance, however, that she will be denied entry on the VWP or with a visa if the immigration official simply SUSPECTS immigrant intent. Since she does intend to return and obtain a K3 visa without overstaying her visa, she should avoid mentioning a USC husband when coming through immigration. A generic pleasure or tourism reason for coming would be truthful and legitimate. Surely she will visit others and do some tourism while she's here.

Facts are cheap...knowing how to use them is precious...
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