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Best way to bring wife to the U.S.?

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  • Best way to bring wife to the U.S.?

    I am a U.S. citizen studying abroad in the Netherlands and I met a Swedish girl who I would like to marry and bring to the United States. We plan on getting married on June 17th in the Netherlands. We would both like to go to the U.S. this August (3 months from now). We would also like to begin the immigration process as soon as possible in order for her to get a job quickly. My question is, what process would be the most efficient, while still allowing for her to come to the U.S. in three months? We want to avoid making any mistakes that would result in suspicion of fraud. Also, uncertainties about the processing times of various steps leave us wondering what to do. We have researched different possible options, but there are several unique factors in our situation that have led to confusion about how to handle this, which are: 1) We are getting married in a country neither of us will be in after 3 months, 2) We would like to travel to the U.S. in a relatively short time frame, 3) We would like to start the process abroad and finish it in the U.S., if necessary.

    Should we apply for the B2 visa before getting married, and then file the i-130 when we arrive to the U.S.?

    Apply for the B2 visa before getting married, and then file the i-130 immediately after getting married?

    Apply for the i-130 right after getting married, and then apply for the B2 and complete the process in the U.S.?

    Apply for the i-130 after getting married, and then the i-129F and the K-3 visa? (Due to processing times, this option would likely mean we can't go to the U.S. in 3 months)

  • #2
    Entering the US on a B2 visa, with the purpose of overstaying or changing status is frowned upon, and if proven, could lead to visa fraud charges. Your best bet is to get married, then you file her I130 and petition her for an CR-1 visa (K3 is practically obsolete but its worth a whirl.)

    Is she eligible for VWP?

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    • #3
      Originally posted by daggit View Post
      Entering the US on a B2 visa, with the purpose of overstaying or changing status is frowned upon, and if proven, could lead to visa fraud charges. Your best bet is to get married, then you file her I130 and petition her for an CR-1 visa (K3 is practically obsolete but its worth a whirl.)

      Is she eligible for VWP?
      Yes, she is eligible for a VWP. Is that any different than a B2 in terms of entering with the purpose of changing status?

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      • #4
        Applicants from VWP countries are usually denied a B2 visa. As an additional hurdle, a B2 denial leads to a loss of VWP privileges for a period of time, usually 1-2 years.
        What would be her response to "what do you hope to accomplish on a B2 that you can't in the 90 days allowed on a VWP"?

        B2 or VWP visitors are treated the same at POE.. both enter the US with non-immigrant intent.

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        • #5
          Originally posted by daggit View Post
          Applicants from VWP countries are usually denied a B2 visa. As an additional hurdle, a B2 denial leads to a loss of VWP privileges for a period of time, usually 1-2 years.
          What would be her response to "what do you hope to accomplish on a B2 that you can't in the 90 days allowed on a VWP"?

          B2 or VWP visitors are treated the same at POE.. both enter the US with non-immigrant intent.
          So because she has intent to immigrate, would it not be possible for her to come to the U.S. until after she is approved?

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          • #6
            Originally posted by adroper View Post
            So because she has intent to immigrate, would it not be possible for her to come to the U.S. until after she is approved?
            That's how most of the world does it, or ideally should do it. Others find loopholes, but those can be risky.
            She can attempt to come using a vwp or b2 visa.. if approved.. but it is up to the CBP officer at POE to admit her or not let her in, considering she has a USC husband.

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