Best procedure for our circumstances - urgent

[greebo3]

Hello,

My family and I are traveling to the United States, and need advice if our plan is correct.

We are hoping to move to the US for urgent medical care for my daughter. My kids and my wife have US citizenship. I hope to enter into the US on a visitors visa, and return to my home country after 2 months. My wife would stay in the US to continue the medical care with our daughter. She would then apply for I-130 while she is within the US, and I am outside of the country. We will apply under exceptional circumstances to help to expedite the process.

Is this the correct procedure?

We understand that entering with a visitors visa with intent to stay is visa fraud and we do not want to do this. It's not possible for me to do this anyway because of commitments back in my home country.

Any advice would be much appreciated, we want to make sure we are doing this in the correct way.

Thank you!

[daggit]

As a USC, she can file your i1130 petition at any time, and choose consular processing. The process takes about a year and you interview in your home country.

[newacct]

Why doesn't she just file the I-130 now? Why wait?

[scorpioz]

wouldn't it be a potentially harder to get visit visa if I-130 has already been filed?

[daggit]

Spouse' immigration (USC) status must be declared on the ds160, regardless of applying for any visa post- or -pre i130.