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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106309
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My wife and i are inthe midst of going through the immigration

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My wife and i are inthe midst of going through the immigration process from Germany to the US. Sheis wishing to come sooner than later. Can she get a tourist VISA and come and do a change of status when the immigration application is completed? We were married here in the US.

Also, can she come with the waiver instead of the full tourist VISA?
Hello and thank you for using our service. My name is Guillermo Senmartin and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


She can try and IF she can make it in, then she can apply for Residency without having to leave the U.S., but the chances of her being approved are very slim because she has to prove non-immigrant intent to get one of those visas and being married a U.S. Citizen is proof of immigrant intent. And since she is already under process to immigrate, that's going to be extrememly difficult to get a B-2. Even if she is able to get one, the chances of her being let in are also slim for the same reason. She is not allowed to use a tourist visa like that if she isn't really coming as a tourist.


I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had better news for you.




Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

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