You are here:

Immigration Issues/Spouse Visit USA before I-130 filing?

Advertisement


Question
Hi Ajay,

I'm a US citizen who recently married to German Citizen ( Last month in EUROPE). We have not yet started ANY of the paperwork for the spouse visa. Could she come over and visit for a week before any paperwork is submitted? or will this cause problems? as a german citizen my spouse doesnt need a visa to enter as a tourist.

Thanks

Lenin

Answer
Hi,

As a German citizen, your spouse can enter on visa waiver program for up to 90 days since an immigrant petition has not been filed for her and since her intention is not to immigrate to the U.S. Thus, it is OK if she is entering as a regular visitor (as a tourist, or to meet with friends, or attend a function of a loved one such as birthday or anniversary celebration), etc. It is probably not a good idea to "volunteer" that she is coming primarily to visit her spouse who is a U.S. citizen residing in the U.S., as this could be considered an intention to immigrate to the U.S.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.