Need Info on getting visitor Visa

[Redington]

Hello everyone,

Me and my brother both have US greencard, my brother got his greencard through marriage which ended 3 years back, his wife is in India and he wants to apply her for green card but since there is a limitation that he has to wait until 5 years to start his application, he is thinking of applying for her visitor visa so that she can visit him until he applies for her immigration.

I need advice on this situation, we are having a family function in another couple of months, so can my brother apply for his wife's visitor visa directly ? if yes then what are the chances of rejection as office would know that he is in USA with a greencard.

[flyingron]

You seem to be confused about a few issues. First, it is the traveller who needs to apply for the Visa not the person being visited. Further, the point of a B visa is not to allow you to enter and hang out in the country until you can apply for residence. If she states that as an intention, she can rightfully expect to be denied entry. He indeed has to wait five years (from the time he got his green card) to sponsor a spouse.

I would advise they seek out an immigration attorney. He'll know the best way to approach visas to allow temporary visit, how not to break the law in the interim, and the best way to minimize the delay in starting her adjustment of status.