Can my finacee enter with a tourist visa while her I-130 is being processed? 3 Answers as of June 13, 2011

My fiance has a tourist Visa and we are thinking of getting married here in the U.S. Then she will return to her country and I'll file the I-130. So the question is: Can she re-enter the U.S. with her Tourist Visa while the I-130 is being processed?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I would not advise her to leave the USA while the I-130 is being processed. What I would advise instead is to file for an I-129 fiance visa under K-1 instead, once that is granted, in about 3-4 months, she can pick it up at the U.S. consulate, and then enter. You are to get married within 90 days, and then your wife can then file for adjustment of status. If you want the help of an attorney, which you will need, by all means give me a call or e-mail to get started with the process with a phone or live consultation.
Answer Applies to: California
Replied: 6/13/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
I presume you are a US citizen. If so, then have you considered a fiance visa? A K-1 Visa is an option you could take to get your fiance into the country, then get married. After you get married you would file for her adjustment based on the marriage.
Answer Applies to: Georgia
Replied: 6/13/2011
Lyttle Law Firm, PLLC
Lyttle Law Firm, PLLC | Daniella Lyttle
Usually, immigration discourages people from visiting while there is an immigrant petition pending. More than likely, she cannot come in. However, is she willing to stay here and get a green card from here in the U.S. without leaving? because that may be a possibility for you and it can be done relatively quickly with the use of a lawyer. You should consider that and speak with a lawyer before she leaves and before you file anything.
Answer Applies to: Texas
Replied: 6/13/2011
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