I-130 while immigrant in the USA

[kidock]

I have waited already like a year in the process of my wife greencard/visa or whatever she needs to come here with me, the thing is that she got the Spanish passport in the meantime, my question is, can she come here with the Spanish passport (no visa approbation needed) without affecting in any way the I-130, I-864 forms?

Basically what I want to know is if it is possible to make all the paperwork for her while she is in the USA with the 6 month visa she gets with the spanish passport.

[rayb]

What is the status of the paperwork you have submitted for your wife? Is it still at USCIS or the National Visa Center? Are you a U.S. citizen?

--Ray B

I have waited already like a year in the process of my wife greencard/visa or whatever she needs to come here with me, the thing is that she got the Spanish passport in the meantime, my question is, can she come here with the Spanish passport (no visa approbation needed) without affecting in any way the I-130, I-864 forms?

Basically what I want to know is if it is possible to make all the paperwork for her while she is in the USA with the 6 month visa she gets with the spanish passport.

[kidock]

What is the status of the paperwork you have submitted for your wife? Is it still at USCIS or the National Visa Center? Are you a U.S. citizen?

--Ray B

The case is in the national visa center, we are in the I-864 form step, and yes i am a U.S citizen

[rayb]

If she is already being processed at the NVC, my advice would be to finish the NVC, then the Embassy interview step.

If you let her come to the U.S. before she gets a spousal visa, you will have a very hard time persuading USCIS here that she has no "intent to immigrate," since her petition is already half through the processing.

--Ray B

The case is in the national visa center, we are in the I-864 form step, and yes i am a U.S citizen

[kidock]

If she is already being processed at the NVC, my advice would be to finish the NVC, then the Embassy interview step.

If you let her come to the U.S. before she gets a spousal visa, you will have a very hard time persuading USCIS here that she has no "intent to immigrate," since her petition is already half through the processing.

--Ray B

You mean that she is going to have problems getting trough immigration at the US airport? because for the visa she does not even has to ask for it they just stamp it in the passport when she departures from Spain.

[rayb]

Maybe I misunderstood your earlier information. But I interpreted what you have told us as a report that your wife's spousal petition had reached the National Visa Center for fees and sponsorship/ civil documents submittal. If you attempt to switch processing to the States by having your wife come directly to the States on her visa waiver or visitor visa, she may be rejected at the Port of Entry. But if allowed in, you will then have to get USCIS to have NVC return the casework for processing in the U.S. That would not be easy.

--Ray B

You mean that she is going to have problems getting trough immigration at the US airport? because for the visa she does not even has to ask for it they just stamp it in the passport when she departures from Spain.

[kidock]

Maybe I misunderstood your earlier information. But I interpreted what you have told us as a report that your wife's spousal petition had reached the National Visa Center for fees and sponsorship/ civil documents submittal. If you attempt to switch processing to the States by having your wife come directly to the States on her visa waiver or visitor visa, she may be rejected at the Port of Entry. But if allowed in, you will then have to get USCIS to have NVC return the casework for processing in the U.S. That would not be easy.

--Ray B

haha the funny thing is that she is using her Argentinian passport for the paperwork and if she comes to the USA she will use her Spanish, but anyway I was just wondering I prefer to avoid any problem.

Thanks for your time guys