It is absolutely possible for a foreign spouse to visit their partner in the United States while awaiting their green card application. If you are a foreign spouse, you may apply to enter the United States via a tourist visa if you have a pending I-130 petition, and wish to go back to your home country after the visit.
Can I travel to U.S. while waiting for I-130?
If your spouse or other family member has filed an I-130, Petition for Alien Relative, on your behalf, then it may be challenging to convince a consular officer that you do not have “immigrant intent” in the US. Nevertheless, it is possible to visit the US with a pending I-130, and we have seen many clients do it.
Can my spouse come to U.S. while I-130 visa is processing?
Can My Spouse Come to the United States to Live While the Visa Petition Is Pending? If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending.
Can I apply for visitor visa while I-130 pending?
Apply for a Visitor Visa with a Pending I-130 Petition
You may apply for the visitor (B1/B2) visa. A denied visa does not affect your pending I-130 petition. However, it’s imperative that you answer all questions truthfully.
Can I travel to the US while my application for an immigrant visa is being processed?
Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed. … You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of the visa.
How long does it take to bring spouse to USA 2020?
Average time – Seven to 32 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2021; another six to ten months or longer to get an immigrant visa to come to the United States.
Can spouses of U.S. citizens travel to the US?
If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are: … After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.
What happens if you get married while on a tourist visa?
Legally, there is nothing wrong with getting married while you are in the U.S. as a visitor (on a B-2 visa), if you return home at the end of your permitted stay.
How long does it take to bring spouse to USA with citizenship?
As long as there are no delays or complicating factors: A spouse of a permanent resident’s immigration processing time is about 24 to 36 months on average from start to finish. A spouse of a U.S. citizen’s Green Card processing time today averages about 12-18 months.
How long does it take to get a green card through marriage to a U.S. citizen?
The current total wait time for a marriage-based green card ranges between 9 to 36 months, depending on whether you are married to a U.S. citizen or green card holder and where you currently live (not including possible delays).
Can you get married in the US with a tourist visa?
Getting Married on a Tourist Visa
Yes, you can get married in the U.S. while on a B-1/B-2 tourist visa or a visa waiver program. However, coming to the U.S. as a visitor with the sole purpose of getting married and then filing for adjustment of status is considered fraud.
Can I get married on a tourist visa to a U.S. citizen 2020?
Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. … In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.
Can spouse of U.S. citizen apply for tourist visa?
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. … It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.
Can spouse live in US while waiting for green card?
In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card. On the other hand, consular processing can often result in quicker processing times. The trade off is that the couple may be separated.
Can you visit the US while applying for green card?
The most true answer is technically “Yes” but travel at your own risk. … If you submit the Form I-131 with your green card application and it is approved by the USCIS you are essentially authorized to travel in and out of the US while your green card is being processed.
Can my fiancé visit me in the US while waiting for a fiancé visa?
Can my fiancé visit me in the US while waiting for a K-1 fiancé visa? Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA.