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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4865
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Can my Filipino wife, with a tourist visa, be here in the

Customer Question

Can my Filipino wife, with a tourist visa, be here in the USA while getting a resident visa?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

What steps have you already taken for your wife's permanent residency card? Have you filed the I-130?

Customer: replied 1 year ago.
We have not filed the I-30 as of yet.
Customer: replied 1 year ago.
When would a time line schedule be set in order for us to speak with you?
Expert:  Jen Marie, Esq. replied 1 year ago.

I tried to accept your phone call request but according to customer service, there was an issue with your payment method.

Legally, yes your wife can enter and stay in the US for up to 6 months if she enters with a tourist visa even if her I-130 is already filed or not. The problem is that even though legally she's allowed, the CBP officers the airport may not allow her in. This is because in order for a foreigner to be allowed into the US as a tourist, the border patrol agents must be convinced that she does not intend to come in as a tourist with intentions to stay permanently in the US and never return home (that is called immigrant intent). That is considered circumventing the immigration laws. Even if those are not her intentions and she is just coming to visit and then leave, since she is married to a US citizen, there is a probability that the officers will be suspicious about her intentions and may not allow her into the US as a tourist. This is a risk she would be taking if she tried to come in. I can explain further on the phone.

Would today at 7:!5 work for you?

Customer: replied 1 year ago.
whatever time is will be ok with us. Thank you.
Expert:  Jen Marie, Esq. replied 1 year ago.

As of now however, the phone call request did not go through due to an issue with your payment method. WHen you hav ea chance, please correct this and then we can exchange contact info.

Expert:  Jen Marie, Esq. replied 1 year ago.

Hello I m just checking in if you were able to update your payment information so that we can arrange the phone call or if you're not longer interested then just so you can leave a rating. Thanks.

Customer: replied 1 year ago.
Please try now. Reason bank stopped charge was that it was tried 15 times. Thank you.
Expert:  Jen Marie, Esq. replied 1 year ago.

I sent you the offer. You would have to approve it for it to go through. Let me know.

Expert:  Jen Marie, Esq. replied 1 year ago.

Have you received the Additional Service offer I sent you?