Pursuing Green Card for Colombian wife- what's the best path forward?

[albym 3]

Hi Everyone,

 

I haven't been able to uncover any threads that covers our exact situation so I am hoping for some guidance for others through this new thread.

 

I am a native-born American who has lived outside the U.S. for the last 23 years in several countries because of my job. I met my wife,  who is Colombian, in Colombia 11 years ago and we have been married for 4 years. We also have a 1 year old son who already has an American passport. My wife does have an American tourist visa (B-2), which she has used a few times (and never overstayed) and she has around 6 years left on it. We have lived and worked in several countries around the world (and my wife has worked in 2 of those countries). However, we will be returning to the USA to live in 2-3 months and thus, I would like to start the process of getting her Permanent Residency and perhaps citizenship in the USA. I've been reading online that the first step should be to file the paperwork for the IR1 Spousal Visa. My first question is will her B-2 tourist visa be automatically rescinded when we start filing the paperwork for the IR1 visa (due to flagging her for intending to immigrate)? Again, she has never overstayed on her B-2 visa and doesn't intend to- she'll simple leave the country every few months. 

 

My second question- my sister-in-law (who is now a U.S. citizen but immigrated from Venezuela 15 years ago) mentioned that nowadays there might be a streamlined way to permanent residency for those who can already enter the U.S. legally, made possible by some recent immigration reform for Venezuelan/Colombian citizens? Does anyone know anything about this? That's my main line of inquiry I'd like to explore; the most efficient and less time-consuming pathway for my wife to start pursuing a green card, given her situation.

 

Thank you for your time and I look forward to any feedback from those in the know.

[Timona 4,207]

File I-130 online

[Mike E 11,739]

1 hour ago, albym said:

My first question is will her B-2 tourist visa be automatically rescinded

It is unlikely to be automatically canceled. The U.S. government has discretion to do so.

 

1 hour ago, albym said:

My second question- my sister-in-law (who is now a U.S. citizen but immigrated from Venezuela 15 years ago) mentioned that nowadays there might be a streamlined way to permanent residency for those who can already enter the U.S. legally, made possible by some recent immigration reform for Venezuelan/Colombian citizens? Does anyone know anything about this? That's my main line of inquiry I'd like to explore; the most efficient and less time-consuming pathway for my wife to start pursuing a green card, given her situation.

 

It is by invitation only so far. To have any hope of getting it, you need to file I-130.

 

And what it is is a parole. It is not a GC. You are allowed to enter the us while waiting I-130 be approved. While you can file I-485 after I-130 is approved, it is not clear to me that you can immediately I-485 before I-130 is approved as is the case when one enters the U.S. on a non immigrant visa.

 

https://www.uscis.gov/FRP

 

https://www.uscis.gov/newsroom/alerts/invitations-to-be-issued-for-family-reunification-parole-process

 

You should not get your hopes up.

 

 

 

 

[albym 3]

8 hours ago, Timona said:

File I-130 online

My apologies in advance if these follow-up questions are daft. Should I risk filing the I-130 online right now even with the wife planning to visit the U.S. with me on her B-2 visa in a 2-3 months? As I mentioned, she will not overstay, however, I'm wondering if this will have an adverse impact on her I-130 getting approved and/or her using her B-2 visa in the future?

Edited September 26, 2023 by albym

[Boiler 45,434]

Would have no impact on her I 130

 

As long as she uses her B2 sensibly the VJ experience is that most people have no issues visiting during the process.

[Timona 4,207]

1 hour ago, albym said:

My apologies in advance if these follow-up questions are daft. Should I risk filing the I-130 online right now even with the wife planning to visit the U.S. with me on her B-2 visa in a 2-3 months? As I mentioned, she will not overstay, however, I'm wondering if this will have an adverse impact on her I-130 getting approved and/or her using her B-2 visa in the future?

 

Yao. You have to file it. You can file it now to start the clock ⏰️ 

[powerpuff 6,670]

Topic moved from Bringing Family Members (other than spouse) of US citizens forum IR1/CR1 spousal visa forum.