Peter Novak

Hello,

I have been US permanent resident for the last two years. Recently I got married in
my home country i.e. Poland. Now I would like to bring my wife to the US. If I am not
mistaken, I should file for my wife an immigrant petition I-130 with the INS and wait
approximately 5 years before she gets a green card. What's more, all this time my
wife should stay in Poland. It's pretty obvious that this is kind of difficult
situation for both of us because we would like to avoid such long separation. Even if
I become a citizen (in three years) then she will be able to get a green card in 4
years. So I am trying to find out, if there is a faster way to bring her lawully in
the US. Luckily, she has a multiple entry tourist visa that will expire in 9 years. I
have four questions.

1) Can my wife come anytime to the US to visit me? I heard that she may not be
admitted to stay in the US, if she acknowledge to the INS officer at the airport
that her husband is a LPR. Somebody told me that it is common for the INS to stop
the foreign-born spouse at the border and exclude him/her from entering the US as
an intending immigrant. Is this true?

2). What if she comes to the US and then changes her status from tourist to student.
If I understand correctly, she may be a student all these five years and she could
lawfully stay in the US. But will she have any problems later (in 5 years), during
the interview? May her application for the Green Card be denied?

3) Where to file all papers? (in my local INS office or in American Consulate
in Poland)?

4). Is there any other way to avoid such long separation?

Thanks in advance, Peter Novak

Mapkw

Peter,

Its too bad that you can't go the Direct Consular Filing route at the Embassy in
Warsaw. I think this option is only open to US citizens, but I would at least ask. If
you can do this method it is pretty fast, about 2 months. Two months sure beats 5
years! There has to be a faster and better option for you.

One other thought - be careful about the student visa approach. I believe that after
someone gets done with school they have to go back AND once they do they can't
return to the US for 2 years. Perhaps I've got bad information - but you should
check this out.

Good Luck

Mark Peter Novak
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Michael Voight

MapkW wrote:
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Even if he could DCF, he still would have to wait for preference for the I-130. This
takes 6 1/2 years for PR spouses. DCF reduces the time required after I-130 can be
processed. For instance, if it takes an I-130 1 year if filed in the US, it would
take a PR that one year PLUS whatever the current preference wait
is.

Michael

Andy Platt

See my previous response to you.

Andy.

--
I'm not really here - it's just your warped imagination.

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