Legal Question in Immigration Law in California

Visitor visa and I-130

I just become a US citizen and want to apply for permanent residence for my wife married about one year ago. My wife still has the visitor visa which is approved before we got married and that visa is still valid for another 3 years. She is currently outside the country. Would there be any problem if she uses visitor visa to enter US and then I file a I-130 petition for her after she is in US? Is she allowed to wait for the approval in US once the I-130 petition is filed? Thank you very much.


Asked on 6/24/07, 1:33 am

1 Answer from Attorneys
Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: Visitor visa and I-130

If she enters the U.S. with a visitor visa (B-1/B-2 visa), her intent at the time she enters the U.S. must be to visit the U.S. temporarily not permanently. A customs officer at the port of entry may question her intent if it shows that she is married to a U.S. citizen and the U.S. citizen is currently in the U.S.

Once she is in the U.S., she can change her intent and apply for permanent residence ("green card") based on her family ties.

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Answered on 6/24/07, 10:46 am


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