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 my spouse come to us while waiting for spouse visa?
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. … You also must never lie about being married to a U.S. citizen or green card holder.
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.
Can I stay in the US while my I-130 is being processed?
If your family member or employer has merely started the process off for you, by filing what’s known as a petition (typically on USCIS Form I-130 or I-140), that’s not enough. A pending or approved petition from a U.S. sponsor gives you no rights to come to or remain in the United States.
Can my spouse come to the United States to live while the visa petition is pending?
Entry into the USA while immigrant petition is pending
Once you have filed an I-130 form, your spouse is eligible to apply for a nonimmigrant visa. This will enable your spouse to live and work in the U.S. while the visa petition is pending. To apply for a nonimmigrant visa, you must file an I-129F form.
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.
How long does it take for I-130 to get approved for spouse?
For immediate relatives (spouse, parent, or child) of a U.S. green card holder (legal permanent resident), processing times for Form I-130 currently vary between 4 and 50 months (as of Jan. 26, 2022).
How long does it take to bring my spouse to US?
U.S. Citizen Spouse Green Card processing time currently averages around 12-18 months. Green Card Holder Spouse Green Card processing time currently averages around 24-36 months.
Can I travel while I 131 is pending?
Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.
Can a spouse of a U.S. citizen get a 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 you apply for a green card while on a tourist visa?
Can You Apply for a Green Card While on a Tourist Visa? You can apply for a green card to gain lawful permanent resident status in the U.S. while you’re visiting the country on a tourist visa. … However, you can’t enter the U.S. on a visitor or tourist visa with the intention of applying for a green card.
How long do you have to stay in the US to maintain your green card?
Leaving the United States for less than six months is usually not a problem. An absence of six to 12 months triggers heightened USCIS scrutiny, and an absence of more than 12 months leads to a “rebuttable presumption” that LPR status has been abandoned.
Can I file I-130 and I 485 together?
As mentioned earlier, if there is a visa number already available when you are filing, you can file your application and petition at the same time. The process of concurrent filing I-130 and I-485 is always available for all immediate relatives of U.S. citizens. There is no numeric limitation.
How do you file an I-130 for a spouse outside the US?
Filing Routine Form I-130 Petitions
Petitioners residing outside of the United States may file Form I-130, Petition for Alien Relative, online at https://www.uscis.gov or by mail to the USCIS Dallas Lockbox at one of the addresses below.
What do I need to bring my wife to USA?
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: Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – An immigrant Petition for Alien Relative, Form I-130 is required.