It’s possible to visit your spouse in the United States while your marriage-based green card application is pending. In order to do so, you would need to apply for a tourist visa. But before pursuing this option, it’s important to understand the challenges and risks involved.
What happens if I visit my spouse on a tourist visa?
If you visit your spouse on a tourist visa, the immigration officer processing your application could suspect that you’re trying to bypass the green card process to be with your spouse sooner. Visiting the United States while you have a pending I-130 petition involves walking a logical tightrope.
Can I sponsor my spouse for a visitor visa?
Your spouse may or may not be issued a visitor visa and should this happen; then a robust and complete spousal sponsorship application will expedite the permanent residence application.
What kind of visa do I need to bring my spouse?
Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required. Learn more. Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in...
When can a spouse travel to the United States after immigration?
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.
Can I apply for visitor visa for my spouse?
Your spouse may or may not be issued a visitor visa and should this happen; then a robust and complete spousal sponsorship application will expedite the permanent residence application.
Can I apply visitor visa for my wife in Canada?
Family members must complete their own application forms. However, you may submit your applications together online or at a Visa Application Centre (VAC) and use one payment receipt for the total amount. Your spouse or common-law partner and children must meet all of the requirements for temporary residence in Canada.
Can I apply for tourist visa while waiting for spouse visa?
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.
Which visa is for wife?
If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.
How long does it take to get spouse visitor visa for Canada?
between 10-12 monthsThe processing time for a Canada spouse visa is between 10-12 months. If your application is complicated, it may take longer than the usual one.
What is the fastest way to bring my spouse to Canada?
You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada. If your spouse or common-law partner is inadmissible for other reasons, they're not covered by the public policy.
How long does it take to get a visa for a spouse?
Spouse Visa Processing Time Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouse's home country, but the typical time is around 24 months.
How long does it take to bring spouse to USA 2022?
Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.
How long is a visitor visa good for?
When you enter the U.S., a customs officer will give you authorization to stay in the U.S. for up to six months. If you'd like to stay for longer, you may be able to apply to extend this for up to one year.
What is the fastest way to bring my wife to USA?
Historically, family reunification has been the easiest and fastest way of bringing your loved ones to the United States.
What documents are needed to apply for spouse visa?
Required DocumentationBirth certificate.Marriage certificate for the marriage to the U.S. citizen spouse.Divorce or death certificate(s) of any previous spouse(s)Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16.
Which visa is faster fiancé or spouse?
If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.
Can I invite my boyfriend as a visitor to Canada?
If your friend or family member wants to visit Canada, they must apply to the Canadian visa office responsible for his or her country or region. A visa officer will review the application and decide whether to issue a visa. You can help your friend or family member by writing a letter of invitation.
Can my spouse stay in Canada while waiting for spouse visa?
You can stay in Canada while waiting for your permanent residence as long as you maintain legal status. Temporary resident status is valid for a specific period of time and you must ensure that your status as a temporary resident remains valid while you are in Canada. Find out more about extending your stay.
What documents are required for spouse visa in Canada?
Marriage certificates For spousal sponsorships, make sure you include a valid marriage certificate or proof of registration of your marriage with your application (see checklist details). The document(s) you submit must show that the marriage was legally registered with the government where it took place.
How long can my wife stay in Canada?
If a spouse applies within Canada, a Canadian visitor visa typically only takes 12 days to process. Although it is not a permanent stay in Canada, a visitor may stay in Canada up to six months after the day they have arrived.
How to apply for a visa for a foreigner spouse?
Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
What do you need to present to the consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the Consular Officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen spouse is able to provide support.
Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when a Form I-864 is needed. Applicants using Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What is a K-3 visa?
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. 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. Learn more in the Applying for a Visa section below.
What is the form for a foreign spouse?
You must then file Form I-129F, Petition for Alien Fiancé (e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé (e) for information on where to file the petition for a K-3 visa.
Can a spouse file for a K-3 visa?
citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval , a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S.
What If The Visiting Foreign Spouse Changes Their Mind About Leaving The United States When The Visa Expires?
The spouse must prove to the USCIS officers that they have genuine reasons to extend their visit despite their initial intentions to go back to their country of origin. Health-related concerns of the U.S citizen spouse are a good example of a genuine reason.
What is a tourist visa?
A tourist visa is a nonimmigrant visa that allows foreign nationals to enter the U.S. and stay temporarily for purposes of a business (B1) , tourism (B2), or both (B1/B2). A foreign spouse may enter the United States as a tourist, planning to stay for a short period of time before returning to their home country. The biggest challenge for this type of visa application is to convince the immigration officers that they would indeed leave the United States before their visa expires. A nonimmigrant may need to answer a few questions to the Customs and Border Protection agent at the port of entry prior to admission into the United States.
What is a K-3 visa?
The K-3 visa is meant for an immigrant spouse of a U.S citizen with an active green card application. The visa allows the foreign spouse to join their partner in the U.S. while they await their lawful permanent resident status. Unlike the tourist visa, the K-3 visa applicant has clear intentions of not only visiting their spouse but also staying in the U.S. as they await their green card. This would be a better choice of visa for immigrant spouses with green card applications already underway.
What is the first requirement for a visa waiver?
The first eligibility requirement is that the visitor must be a citizen of the participating country to be approved for the visa waiver program. Check out this list of countries participating in the visa waiver program to find out if your country is part of it.
What does it mean to have a good immigration history?
This includes a good immigration history showing that you repeatedly abide by the rules of the visas given to you. If you traveled to another country and returned to your own within the required time frame, then the interviewing officer may find genuine reasons to let you enter the United States. The visas stamped in your passport, including your old passport, maybe enough proof.
How does USCIS keep travel records?
The USCIS keeps records of a tourist trip into and out of the United States. They preserve this information on a document called the I-94 travel record. If this record shows that a tourist violated any of the immigration rules, including exceeding their stay in the United States during a visit, their chances of re-admission into the country may reduce. On the other hand, a clean travel record increases the chances of such an immigrant gaining entry into the U.S.
Is it harder to get a US visa?
visa is discretely known to the immigration services. However, there are a few obvious factors that may make it harder for you to get a U.S. visa. Here are some examples:
What to expect when visiting your spouse on a tourist visa?
citizens or green card holders — especially those with a pending I-130 petition (the first step in obtaining a marriage-based green card) — often face additional scrutiny. If you visit your spouse on a tourist visa, the immigration officer processing your application could suspect that you’re trying to bypass ...
What does an immigration officer look for in a tourist visa?
When an immigration officer reviews your tourist visa application, they will look for proof that: You plan to return to your home country after visiting the United States. Your visit will be temporary and short. You will be able to support yourself financially during your visit.
What happens if you have a history of coming and going to the United States without any immigration violations?
Your Immigration History: If you have a history of coming and going to the United States without any immigration violations on your record, the immigration officer or CBP agent will be more likely to believe that you intend to visit the United States temporarily and return to your home country on time.
How long does it take to get a green card after marriage?
Citizenship and Immigration Services (USCIS) will apply the “90-day rule” as a guideline to decide how much extra scrutiny to give the green card application.
How long do you have to be on a visa to get a green card?
USCIS will not presume willful misrepresentation, however, if you do not engage in the above activities for at least 90 days after entering the United States on a tourist visa. While observing the 90-day rule doesn’t guarantee a successful marriage-based green card application, it’s probably a good idea to play it safe.
Do you have to return home before your tourist visa expires?
You’ll also be required to establish that you have strong ties to your home country. This is to ensure that you will return home before your tourist visa expires.
Can a spouse get a green card if they are married?
In many cases, spouses seeking a green card are denied entry at the border or port of entry when a CBP agent discovers they are married to a person living in the United States and have a pending marriage-based green card application. In this guide, we’ll discuss those risks in greater detail, as well as how to apply for a tourist visa ...
What is the form for a spouse to file for a B-1 visa?
You, as the B-1 or B-2 visa holder, need to file Form I-485. Form I-485 is the green card application and is officially named “Application to Register Permanent Residence or Adjust Status.”.
What is the form for a spouse to get a green card?
Form I-130 is the family sponsorship form and is officially named “Petition for Alien Relative.”. After your spouse files this form, you must wait to receive a visa number to apply for a marriage-based green card. However, your next steps depend on whether you get your visa number before or after your B-1 or B-2 visa expires.
What is the Adjustment of Status Application Process From a B-1/B-2 Visa to a Marriage Green Card?
When you’re sure you won’t be affected by the 90-day rule, you can apply for adjustment of status to obtain a marriage green card. Since your spouse already arrived via a B-1 or B-2 visa, they won’t be obtaining an immigrant visa but instead changing their current status. The process will be slightly different depending on whether your spouse is a U.S. permanent resident or U.S. citizen.
Who Qualifies for an Adjustment of Status to a Marriage Green Card?
To apply for adjustment of status as the spouse of a U.S. citizen or lawful permanent resident, you must meet two requirements.
How long does it take to get a green card if you have a visa?
The entire process, beginning when U.S. Citizenship and Immigration Services (USCIS) received your Form I-130, will take about 29 to 38 months .
How to apply for adjustment of status as spouse of a U.S. citizen?
citizen or lawful permanent resident, you must meet two requirements. First, you must be located in the United States when applying. Second, you must have entered the United States lawfully.
Can a spouse apply for consular status?
If the spouse is not located in the United States, they can apply for consular processing. If the spouse is already located in the United States, the Immigration and Nationality Act (INA) allows them to apply for adjustment of status.
What does it mean when your wife has a good travel history?
A good travel history means that she doesn’t have previous refusals, to Canada or any other country.
What does it mean when an immigration officer receives a complete and well-prepared application?
The immigration officer who receive complete and the well-prepared application will have a much easier time approving the application as they will not need to search for missing information or be confused by vague or unclear documents.
Can my wife visit me in Canada?
The answer is yes and no. Legally yes your wife can come and visit you during the process – but will she obtain the visitor visa, that is the real question. If your wife is from a non-visa exempt country – meaning she first needs to obtain a Temporary Resident Visa (TRV) to travel to Canada, she might get the visa or she might not.
Can a girlfriend get a visa to visit Canada?
In an ideal world all spouses, girlfriends, and fiancés should be allowed to obtain visitor visas to visit Canada during the processing of the spousal sponsorship – however, the reality is much different. Your spouse may or may not be issued a visitor visa and should this happen; then a robust and complete spousal sponsorship application will expedite the permanent residence application.
