Can my wife re-enter USA with a tourist Visa while her I-130 is being processed? 3 Answers as of June 16, 2011

I'm permanent resident and 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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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
An I-130 cannot be filed until after you are married. If she is entering the U.S. with a tourist visa with the intention to get married she will have a tough burden to prove that she intends to leave after the ceremony and wait abroad not impossible but make sure there are strong ties abroad such as a job she is returning to and be totally upfront in the application process.
Answer Applies to: California
Replied: 6/16/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Legally, the answer is yes. It is up to the DHS officer's discretion as to whether or not they want to let her in. She should be able to show strong ties to her home country and explain that she intends to leave on time, but it is discretionary.
Answer Applies to: California
Replied: 6/16/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
If someone has a valid tourist visa already in their passport, I don't think it will be a problem. I think it would be difficult to get a new tourist visa after filing an I-130 petition because the consular officer might think there was immigrant intent. Even then, one could explain that they understand it will be several years before the immigrant visa will be current and they simply want to visit their spouse on occasion until the visa is ready. Its important to remember that your fiance would need to disclose this information at the airport as well, if asked.
Answer Applies to: Virginia
Replied: 6/15/2011
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