Green Card holder married to J1

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Hello,

It might be simple question to some but i need some opinion.
I am a Green Card holder and married to J1 (exchange teacher with 2 yrs restriction). Her visa expired and she left US as of now. My wife's J1 program was not funded by US nor her home country. We got "No Objection" from her home country consulate and now waiting on Dept of state. I have applied my wife's I-130 and its in processing. I have 18 months more before i can apply my US citizenship.

My question is - my wife can enter US with out visa hurdles for 90 days, so with her I-130 running can she come visit me as a tourist and go back before 90 days during this 18month period? Also she is not eligible for student visa - right ?

Thank you in advance.

Best
AR

[newacct]

She can try to come, but there are no guarantees as to whether she will be let in or not.

[abumiqdad]

When you say TOURIST VISA, is that Visa on arrival or you would have to apply the visa at her country's consular/embassay?

If she has to attend an interview at the consular prior to the visa being issued, and the purpose of the trip would be to meet her husband in the USA who is an LPR, i am not sure if she would be granted the tourist visa. Even if she does, there is not guarantee that the officer at Port of Entry would allow her in (if they know of the purpose of the trip).

(i have an experience of having my 9 months old toddler's tourist visa rejected at the consular due to the fact that every other family members are travelling to the USA on immigrant visa - and the officer was not convinced that the trip i wanted to make was a short trip/vacation).

You can try though but it is risky as you would waste your money on the tourist visa application as well as the (return) flight to the USA.

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Thank you abumiqdad & newacct for replies. Really appreciate the help.