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Immigration Issues/Immigrating my spouse


I recently got married to my wife in Afghanistan. I have filed the I-130 paperwork along with the biographical documents required. Since there are no wedding certificates in the country, i got an affidavit from my father and sister. I know the process to get her Visa is long. Since i am a student, i only have the summer available for going to Afghanistan to bring her over. So i need the paperwork to be completed before the end of next August. As there is a real possibility that this may not happen, is there any way i can bring her over temporarily on a visitor Visa next summer and hope that her immigrant visa will be granted while she is visiting? Or, If i can bring her on a visitor visa, is there any sort of paperwork i can file to get her status adjusted automatically so that she will not have to return in case her immigrant visa is not approved before her visitor visa expires? Please let me know what my options are. If it doesn't work out by this summer, i will have to wait another year to bring her. Thanks.

You gave me a lot of information but you did not say whether you are a US citizen.  If you are a US citizen there is a fair chance of having the I-130 approved by August.  If you are not a US citizen, it will not matter whether the I-130 is approved or not since there is currently a more than 4 year wait for the priority date to become current.

No, she will not be admitted under a visitor's visa as she intends to immigrate.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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