Can my wife visit me in the US while applying for K3?

[aldrin]

I am a naturalized US citizen who has recently married a foreign national.
My wife already has a tourist visa for the US and has visited me several times in the past two years (before we got married).

Would it be legally OK for her to come (as a tourist) and, while she is here, for me to file I-130 and the K3 applications for her?

On a related note, would the fact that her family name is now different (than the last time she came here) cause problems when entering the US?

I would appreciate any information on the subject. Thank you.

[jonty07]

I am a naturalized US citizen who has recently married a foreign national.
My wife already has a tourist visa for the US and has visited me several times in the past two years (before we got married).

Would it be legally OK for her to come (as a tourist) and, while she is here, for me to file I-130 and the K3 applications for her?

On a related note, would the fact that her family name is now different (than the last time she came here) cause problems when entering the US?

I would appreciate any information on the subject. Thank you.

Hello,

Legally and Ideally she needs a K-3 visa to come to the US and then file for the AOS in the US.

Even if she come to the US she needs to go back to her home country and then return back on the K-3 visa. If the USCIS officials come to know at the Consular interview or POE that she is entering as a tourist but has the intentions of getting the Green Card as she is married to a US citizen, they will deny her B-1/B-2 visa.