Fernando Coelho

Hi everyone,

I'm a U.S. Citizen. I married a lady from Brazil when she was here in the U.S.
visiting me a few months ago. She is now back in Brazil. We applied for an I130 and
have not yet applied for a K Visa. She currently has a tourist Visa good for 8 years.
Does she need to get a K visa to enter the U.S. again or can she use her tourist visa
to visit me and possibly stay in the U.S. if INS allows it???

1) Can she enter the U.S. with her tourist Visa?

2) If she applies for a K Visa, does she lose her current tourist Visa?

3) If she enters the U.S. in a few months with her tourist visa, can immigration stop
her because we have applied for an I130 ….or later if we apply for a K-Visa

I've been getting confliction information from INS

Please Help...

Mrtravel

Fernando Coelho wrote:

    > Hi everyone,
    >
    > I'm a U.S. Citizen. I married a lady from Brazil when she was here in the U.S.
    > visiting me a few months ago. She is now back in Brazil. We applied for an I130 and
    > have not yet applied for a K Visa. She currently has a tourist Visa good for 8
    > years. Does she need to get a K visa to enter the U.S. again or can she use her
    > tourist visa to visit me and possibly stay in the U.S. if INS allows it???

It depends on INS at the point of entry If they find out she is married to US
citizen, they may deny her entry on the belief she is entering to live here. She
should carry strong proof to the contrary. If asked, she should not lie. If not
asked, then she is just visitng.

    >
    >
    > 1) Can she enter the U.S. with her tourist Visa?
    >

Maybe

    >
    > 2) If she applies for a K Visa, does she lose her current tourist Visa?
    >

That depends on what happens at the point of entry When she gets the K-1, it will
be voided.

    >
    > 3) If she enters the U.S. in a few months with her tourist visa, can immigration
    > stop her because we have applied for an I130 ….or later if we apply for a K-Visa
    >

Yes.. Since that shows them she wants to immigrate at some point.

What you have done, or do in the future is to file for adjustment while she is
here. She can then file for Advance Parole if she needs to leave before the
adjsutment is approvd.

Andy Platt

If she gets a K-3 visa she won't need the tourist visa any more - she can come and go
on that as she pleases. Whether it's worthwhile probably depends on whether she's
likely to be asked "difficult" questions at the POE.

Andy.

--
I'm not really here - it's just your warped imagination. "Fernando Coelho"
<[email protected]> wrote in message news:LbUP8.76094$nZ3.32636@rwcrnsc53...
    >
    > Hi everyone,
    >
    > I'm a U.S. Citizen. I married a lady from Brazil when she was here in the U.S.
    > visiting me a few months ago. She is now back in Brazil. We applied for an I130 and
    > have not yet applied for a K Visa. She currently has a tourist Visa good for 8
    > years. Does she need to get a K visa to enter the U.S. again or can she use her
    > tourist visa to visit me and possibly stay
in
    > the U.S. if INS allows it???
    >
    > 1) Can she enter the U.S. with her tourist Visa?
    >
    > 2) If she applies for a K Visa, does she lose her current tourist Visa?
    >
    > 3) If she enters the U.S. in a few months with her tourist visa, can immigration
    > stop her because we have applied for an I130 ….or later if we apply for a K-Visa
    >
    >
    >
    > I've been getting confliction information from INS
    >
    >
    > Please Help...
    >
    >

Des

If your wife were in the US at the moment, then you could simply file AOS for her -
no problems.

However, as she is in Brazil AND you have submitted the I-130 for her already, the
tourist visa option becomes more difficult. If she is lucky and makes a clean entry
to the US without lying to the officer at POE, you may be able to have her adjusted
from tourist visa to permanent resident. It is also helpful that you have a US
marriage license.

on the other hand, since you already submitted the I-130, and INS has this info in
their computers, she may now run into problems at POE if trying to enter the US on
her tourist visa. She would have to present evidence that she intends on returning
to Brazil.

The 'cleanest' way (but however also possibly the longest for you two to see each
other again) would be to sponsor her for a K-3 visa (unless Brazil allows DCF for
non-residents). If she gets her K-3 visa, her tourist visa will be invalidated given
that she is planning to live and work in the US. She will be able to leave the
country on her green card but not for long, uninterrupted time periods. Within three
years of being adjusted, she will be eligible for US citizenship, and with a US
passport she can enter and leave the US as she pleases.

What advice did INS give you?

- Des