Visitor Visa for spouse of a US citizen

[salb]

Hello,

I am a US citizen and got married 2 years ago in Pakistan. My wife is still there and I haven't applied for her i130 yet. Can I apply for a tourist visa for her so she can visit US?

[Libra_14]

You can apply, but chances are less that she will get the visa. Having an US citizen spouse in USA shows no strong ties to home country.

[salb]

Thank you. I have been with her in Pakistan for the past two years, but I intend to return to US. I plan on applying for her green card when I return. I was wondering if I can apply for a tourist visa so she can atleast visit while her green card is in process. She has a job in Pakistan and wants to continue there so she has ties to the home country.

[Libra_14]

VOs blindly goes by the rules - not by your intention. You can give it a try, Best of luck !!

[Mistermanga]

usually, to request a B2 Visa to visit the spouse in US could be understood by the Immigration Officer like a tentative to enter in US and then apply for Green Card. and they call that FRAUD.
your wife could surely apply for a B2, but she has to proof her intention to came back by the end of the I-94 period.
proof mean to bring at the embassy interview any evidence about works, family, bank account and any other interest she has in her country and declare that she travel only for visiting and not to apply for GC.

there is a very high percentage of rejected B2 for similar request
of course, once she will obtain the Visa, she will have to repeat the same story at the arrival airport, or the admittance in the US could be be denied (in any case, be prepared for the Tier 2 section).
be prepared !!

if she will pass also the immigration office at the airport, you can easily apply as Petitioner for her GC (I-130) and Adgjustment of status (I-485).

Good Luck !!

[Space]

She should get the B2 visa before you file the I130. Filing for an immigrant visa/green card is the strongest form of intent to immigrate and leave the home country.

[salb]

Thank you. Assuming she does manage to get the B2, enter US, and leave after 6 months, can this raise any red flags when I apply for I-485? Also, can she travel to US while the I-130 and I-485 are pending?

[Mistermanga]

if she will enter in US using the B2 Visa she will not allowed to leave the States before (at least) the approval of Advance Parola (Form I-131). in case she will apply for GC and will leave the US before the approval and without the AP, the application will be rejected and re-enter will be denied.

the correct path is:

Must
Apply for i-130 by the petitioner (US Sponsor)
Apply for I- 485 - change of status from B2 to GC. it will suspend the B2 allowing her to stay in US until GC Approval.

Optional
Apply for I-131 - Travel Permit outside US - Advanced Parola .it will allow her to travel outside US Border until GC Approval.
Apply for I-765 - EAD Permit work. it will allow her to work legally in US until GC Approval.

all applications can be done all together. processing time will depend by the Immigration Office

hope this help and good luck