Here on tourist visa

[dstarsboy]

I've been married to my SO for over a year and a half but she couldn't move here yet due to family/work commitments. She's visited a half dozen times on tourist visas, though.

She finally finished everything and was ready to move here for good and we were looking at starting the paperwork for her K visa, however, since she still had 8 months or so left on her tourist visa, I told her to just fly over and we'll just start on the next step.

She arrived last week but now I'm sort of lost on what exactly that next step is. I was reading up on the "adjustment of status" but I think that's for K visas? Can anyone point me in the right direction? I hope I didn't make a mistake by having her come here...

I apologize if this is a very common question, I've searched the forum a little for something similar but had no luck.

[dnoblett]

Adjustment of status from a tourist visa can cause problems the issue is intent upon entry, being already married and them coming to the states as a visitor and adjusting status implies intent was not to visit but to immigrate which can be interpreted by immigrations as a misuse of the visa and they can deny adjustment and then deport.

 

The next step is file an I-130 for a spouse visa, you probably should have filed it months ago, and while it was in process she could have visited, once the I-130 is approved simply interview in Guangzhou and get a spouse visa and them immigrate, the visa generates a green card

[dnoblett]

File the I-130 now, you can also file an I-129F for K-3 after getting I-130 receipt notice as a hedge to speed up processing. Wife should avoid overstaying the visit and return to China and interview for the spouse visa.

[dstarsboy]

Thanks guys. Yeah, I would never have her overstay her tourist visa. I just figured a part of it would be completed during the 8 months that she's here... but I guess it doesn't work that way.

[dstarsboy]

File the I-130 now, you can also file an I-129F for K-3 after getting I-130 receipt notice as a hedge to speed up processing. Wife should avoid overstaying the visit and return to China and interview for the spouse visa.

After talking it over with her, we're going to do exactly this. Thanks so much!

[dstarsboy]

Quick question, once she has the K3 visa and we're waiting for the I-130 to process, can she leave and enter the country as much as she wants?

[Randy W]

Quick question, once she has the K3 visa and we're waiting for the I-130 to process, can she leave and enter the country as much as she wants?

 

yes, but it is unlikely that she would actually get the K-3. Once the I-130 is approved by the USCIS, the I-129F/K-3 is no longer an option.

 

The purpose of filing the I-129F is to (hopefully) speed up the processing a little to match the I-129F processing times, and as a hedge against possible delays in the processing of the I-130.