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    My wife was originally born in Spain, but has now Spanish citizenship and is living in England.

    I am a US GC holder from Spain living in the States. I have already petitioned for a I-130 form to sponsor her.

    Can she come to the States (only as a visitor for up to 90 days), or is she not allowed to do so?

    Many thanks

  • #2
    She can try a visitor visa, but she might
    have slim chance cuz she's already under I-30
    petion. On the Application she will be ask about that.


    • #3
      Hi World Citizen,

      In order to obtain a tourist visa to the US, one must show no intent to remain permanently here. Since you have already filed the I-30, I doubt she will be approved for a tourist visa (although, I'm no expert by any means). Here's more on Tourist Visas from:

      Applying for a Tourist Visa

      Under U.S. law, applicants for visitor visas must qualify on their own for visas to visit the United States.

      This is what applicants must do when they apply for visitor visas:

      Complete and sign the required application forms;
      Bring evidence that their visit is temporary and that they will leave the United States after their legally authorized stay; and
      Undergo security clearance procedures
      All visa applicants, even babies in their parents' passports, must have these things:

      Application Form DS-156 , completed and signed
      Current, valid passport or travel document
      Photograph. Requirements are strict for photograph size, type and quality. Please check with your nearest consulate for specifications before you get your picture taken.
      Application fees. All applicants must pay the application fee. Some applicants, according to nationality and type of visa, must also pay an issuance fee.
      Evidence of funds to cover your expenses in the United States
      Evidence of compelling social and economic ties abroad
      For men between 16 and 45 years of age:

      Supplemental visa application Form DS-157
      Contact your nearest U.S. embassy or consulate for specific information on:

      How to pay fees
      How to get an appointment for an interview
      How to get application forms
      The latest information on visa requirements
      Consular officers do security checks for all visa applicants. They will make special security clearances for some applicants as required by law. These clearances may take several weeks or longer. Please plan for the possibility of a delay in the issuance of a visa. Make your visa application well in advance of your intended travel.


      • #4
        She is allowed to visit, and as Spanish passport holder, she doesn't need a visa.

        It would be a good idea if she brings some evidence proving the intetion to return to England (employment, school...)


        • #5
          She can, however it's up to the discretion of the officials at the US border whether they let you in or not, so it is risky.

          Something that helps is taking plenty of documentation of strong ties to home - lease agreement, letter from employer etc.
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch


          • #6
            All visitors have to overcome the assumption that they will immigrate. Depending on the circumstences, sometimes that's easier, sometimes more dificult. It is allowed to visit while immigration petition is pending. And, it is possible to get tourist visa during the pending period. It has been done...

            Originally posted by iperson:
            Then hopefully she can stay in status as pending application for adjustment of status.
            I am not sure if unauthorized stay would be incurred or not. Maybe someone else can offer something more specific, but as far as I know while the application is pending she can stay in the country.
            I wouldn't mention on the border at immigration check point that she is married to a green card holder.
            As a spouse of GC holder, an immigrant visa number is not immediately available to her. She can't file for adjustment of status or get immigrant visa before that happens (PD is current or husband becomes USC). Pending I-130 does not give "status".


            • #7
              Let's stay focused on this situation and WC's question. Otherwise we can get lost describing all possible scenarios. My impression is that WC's wife would just come and visit, no other motives... For the sake of all the readers, let me clarify some things:

              Originally posted by iperson:
              She can't stay in the country longer than 6 months on a visitor visa, and have it extended indefinitely.
              VWP's can stay 3 months. No extension
              Originally posted by iperson:
              Entering and staying on a tourist visa while AOS pending, is entering under false pretenses..
              For AOS, beneficiary has to be in the USA. The only way to leave and come back is by using Advance Parole.


              • #8

                Please forgive me but I am baffled.

                Less then a month ago you were marrying a Ukraine Citizen who was residing in Ukraine, and you were living and working in London. You said you were a US LPR and you were planning in marrying your Ukraine fiancee within a year once you could relocate your employment to the US.
                You have been working and residing in London for some time, and just recently were asking about re-entry permits.

                Now you are married to a Spanish Citizen living in England?

                All this changed in one month??

                Your OP said you are living in the States?
                Does that mean you have in the past 2 weeks relocated back to the US and now residing here?

                You work very fast WC.
                God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                National Domestic Violence Hotline:
                1.800.799.SAFE (7233) 1.800.787.


                • #9
                  Something is not adding up World Citizen, change of stories, locations, scenarios...and even your name.

                  1st post you signed your name as Michael and now you signed your name as David.

                  Doesn't matter if you use fake names or whatever name, in fact most people don't even sign a name.

                  Hard to take you seriously if you keep changing your scenarios.
                  God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                  National Domestic Violence Hotline:
                  1.800.799.SAFE (7233) 1.800.787.


                  • #10
                    that's suxs!
                    Ability may get you to the top, but it takes character to keep you there.