Legal Question in Immigration Law in American Samoa

Re: Pending I-130 and I-129F

The problem is that when your wife applies for a tourist visa, or when she tries to enter the country on a Visa Waiver, she declares that she is not going to abandon her homecountry and her visit is only temporary. In your case, your wife is obviously trying to immigrate to the US. Therefore, she is not entitled to a simple nonimmigrant visa. If she applies for a tourist visa or enters on a Visa Waiver and presents her case like she is coming for a short visit, she may then be accused of committing a fraud against the government. This may trigger very serious consequenses. Besides, Visa Waiver does not help much because your wife will have to leave within three months. Furthermore, the border authorities may question her at the point of entry and deny entry as soon as they find out the true reason of her visit. It does not happen all the time, but happens sometimes.

The best answer to your question is that you have to be patient, and wait untill you wife's case gets approved. If this in not an option for you, she may try to apply for a 6 - month tourist visa. However, she must tell the truth on her application and to the consular officers. Her visa may be denied or may be granted at the consular officer's discretion. If it is denied, she will have to wait untill her immigration case is approved. If the visa is granted, she may come without any fear of detrimental consequences.

Please do not hesitate to contact me at [email protected] if you have any further questions. Good luck!

Re: Pending I-130 and I-129F

The fact they come with visitor's visa alone will not have detrimental effect on their immigration process.