Then they will almost certainly not approve a B-2 tourist visa or ESTA Visa. It isn't so much a question of whether the marriage is real, it is just the processing time because there are cases ahead of you and they still have to run a background check as to who she is. So that will all take some time. They won't normally approve a B-2 or ESTA if they discover her immigrant intent and that is almost for sure when they see she is married to a U.S. Citizen and has a U.S. Citizen son. IF she could somehow get one, she would also have issues trying to get in with such a non-immigrant visa
and sometimes that goes very wrong because if they catch her in a lie upon trying to enter, they could ban her for 5 years or permanently. So one has to be very careful.
The correct way would be one of the following:
1) The K-3 spouse visa takes 6 to 9 months. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after she enters the U.S., she must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.
2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later.
So the K-3 is faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside.
Here is a link to both:
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 large volume of cases and also the U.S. concerns over security 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 a faster and easier way to tell you about.
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