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 I travel to US while waiting for I-130?
If your spouse or other family member has filed an I-130, Petition for Alien Relative, on your behalf, then it may be challenging to convince a consular officer that you do not have “immigrant intent” in the US. Nevertheless, it is possible to visit the US with a pending I-130, and we have seen many clients do it.
Can my spouse come to US while I-130 visa is processing?
Can My Spouse Come to the United States to Live While the Visa Petition Is Pending? If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending.
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.
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.
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 I travel while my I-130 is pending?
Travel to the U.S. with a pending I-130/I-129F can certainly be done. Our clients do it all the time. But you need the right circumstances showing ties to the home country. Most of all, you need to always be honest and forthright with CBP and any other immigration inspector.
What happens if you get married while on a tourist visa?
Legally, there is nothing wrong with getting married while you are in the U.S. as a visitor (on a B-2 visa), if you return home at the end of your permitted stay.
How long does it take to bring spouse to USA with citizenship?
Total Processing Time for a Spouse Green Card
As long as there are no delays or complicating factors: A spouse of a permanent resident’s immigration processing time is about 24 to 36 months on average from start to finish. A spouse of a U.S. citizen’s Green Card processing time today averages about 12-18 months.
Can I travel inside the US while waiting for green card?
Yes you can travel within the US while waiting for your green card.
Can I enter the US while waiting for my green card?
The process to obtain a family-based green card can be a long road. In fact, Canadians can typically cross the border with ease with a visa or visa waiver. … For others, it will be necessary to prove the trip will only be temporary.
Can you visit the US while applying for green card?
The most true answer is technically “Yes” but travel at your own risk. … If you submit the Form I-131 with your green card application and it is approved by the USCIS you are essentially authorized to travel in and out of the US while your green card is being processed.
How long is I-130 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 13.5 and 19 months. For immediate relatives of a U.S. citizen, I-130 processing times currently average 15 to 20 months (as of June 7, 2021).
How long does it take for I-130 to get approved for spouse 2021?
After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories.
What is the next step after I-130 approval for spouse?
Adjustment of Status After I-130 is Approved
The foreign national would file Form I-485, Application to Register Permanent Residence or Adjust Status, as the primary form in an adjustment of status application package.