I and my children are citizens, how to bring wife?

[p3rsian 0]

Hi there, I am a US citizen and have been married for around 8 years and currently live overseas. My wife (foreign citizen)recently gave birth to twins and I was able to get their CRBA and US passport.  We are planning to move to the US soon, what would be the quickest and best way to proceed? thanks in advance everyone

[JeanneAdil 6,414]

there is no quicker way

there is only 1 way

you file a I 130 for the spouse visa/ its anywhere from 18 to 24 months to the interview so study the USCIS guide for the process 

OR 

the guides at the top of this page

[p3rsian 0]

can a visitor visa be adjusted to like a cr1 while in the us?

[JeanneAdil 6,414]

51 minutes ago, p3rsian said:

can a visitor visa be adjusted to like a cr1 while in the us?

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

 

If you pose as a tourist (whether with a visa or on the VWP) with the secret intention of staying in the United States for an indefinite time, you will have committed visa fraud. Visitor visas, or indeed any temporary visas, are for people who intend to stay temporarily—and then leave. They are not for people who plan to marry and live happily ever after in the United States.

If U.S. Citizenship and Immigration Services (USCIS) chooses to make an issue of it, your misuse of a tourist visa could lead to your losing the right to obtain not only a marriage-based green card, but most other types of U.S. visas.

 

WE would have all done this if it was legal/its not

Edited September 25, 2023 by JeanneAdil

[OldUser 6,477]

1 hour ago, p3rsian said:

can a visitor visa be adjusted to like a cr1 while in the us?

First of all, if she doesn't have tourist visa - she'll have to fill the forms and indicate you as a relative in the US. Based on this, most likely her B2 visa will be denied, because she'd have stronger ties to you than to her home country.

 

Secondly, even if she somehow obtains visit visa or uses existing one, she may be asked by CBP about her travel plans when entering the US. Not many moms go to the US with toddler twins to do sightseeing. This is super obvious. There's over 90% chance she won't be let in.

 

Thirdly, if she somehow manages to enter the US on visitor visa and files for adjustment of status - this can be viewed as an act of immigration fraud.

 

To eliminate all the problems above, just file I-130 and go the normal, legal route.

 

The least thing you want is for CBP is to question her, causing a lot of stress for her and kids and put her on a plane to fly back. Or have her found inadmissible during I-485 interview. Then she'd have to go through waiver.

Edited September 25, 2023 by OldUser

[Boiler 45,314]

1 hour ago, p3rsian said:

can a visitor visa be adjusted to like a cr1 while in the us?

Does she have a Visitor Visa?

[Ontarkie 14,193]

~~MOved to IR1/CR1 P&P, from Bringing Family of US- as the OP will be petitioning his wife and spousal and IR1&2/CR1&2 are discussed here.~~

[Daphne . 1,846]

17 hours ago, p3rsian said:

can a visitor visa be adjusted to like a cr1 while in the us?

No because that would mean misuse (abuse) of a tourist visa, don't do that.

The IR1 is the way to go, or you can check to see if you qualify for Direct Consular Filing. 

[garebear397 68]

16 hours ago, OldUser said:

First of all, if she doesn't have tourist visa - she'll have to fill the forms and indicate you as a relative in the US. Based on this, most likely her B2 visa will be denied, because she'd have stronger ties to you than to her home country.

 

Secondly, even if she somehow obtains visit visa or uses existing one, she may be asked by CBP about her travel plans when entering the US. Not many moms go to the US with toddler twins to do sightseeing. This is super obvious. There's over 90% chance she won't be let in.

 

Thirdly, if she somehow manages to enter the US on visitor visa and files for adjustment of status - this can be viewed as an act of immigration fraud.

 

To eliminate all the problems above, just file I-130 and go the normal, legal route.

 

The least thing you want is for CBP is to question her, causing a lot of stress for her and kids and put her on a plane to fly back. Or have her found inadmissible during I-485 interview. Then she'd have to go through waiver.

 

I mean obviously OP needs to just file the CR1. But the two points you made on the B2 visa and entering the US as a visitor with kids is really dependent on the situation and country of origin. I have read several cases that both of those actions (B2 visa and visiting) weren't a big problem, and from my own personal experience it also wasn't a big problem. We live overseas (myself and our two kids are US citizens), my wife was approved for a B2 visa with kids and everything without really any trouble, and we have done visits with the whole family to the US without really any problem. Also visiting the US with two small kids is not unheard of at all....especially if you are visting the US citizens family. Again, my wife is from a fairly low-risk country, so again it is super dependent on country of origin. 

Edited September 26, 2023 by garebear397
clarity

[Boiler 45,314]

6 minutes ago, garebear397 said:

 

I mean obviously OP needs to just file the CR1. But the two points you made on the B2 visa and entering the US as a visitor with kids is really dependent on the situation and country of origin. I have read several cases that both of those actions (B2 visa and visiting) weren't a big problem, and from my own personal experience it also wasn't a big problem. We live overseas (myself and our two kids are US citizens), my wife was approved for a B2 visa with kids and everything without really any trouble, and we have done visits with the whole family to the US without really any problem. Also visiting the US with two small kids is not unheard of at all....especially if you are visting the US citizens family. Again, my wife is from a fairly low-risk country, so again it is super dependent on country of origin. 

I sort of made an assumption of the country concerned from the Use Name, definitely makes a difference.

[garebear397 68]

3 minutes ago, Boiler said:

I sort of made an assumption of the country concerned from the Use Name, definitely makes a difference.

Ah yeah, didn't notice that....if indeed the spouse is from Iran (or middle east in general) that will be a bigger challenge. 

[p3rsian 0]

Hello, thanks all for the responses and guidance. yes country of origin is Iran. I am only looking for legal actions for obtaining a green card for my wife. Only problem I see with the cr1 is it will take a long time and from what I have heard ( not sure if its true) I will need to be in the US when sponsoring my wife (domicile) and she will have to be alone with the kids in another country until the approval comes? usually 3-4 years??

 

thanks in advance

[Boiler 45,314]

Do you have a Joint Sponsor?

[p3rsian 0]

5 minutes ago, Boiler said:

Do you have a Joint Sponsor?

I guess  I can have my brother agree to be a joint sponsor

Edited September 26, 2023 by p3rsian

[Boiler 45,314]

13 minutes ago, p3rsian said:

I guess  I can have my brother agree to be a joint sponsor

You can defer your return to around the interview.