Question for any consulars officers or very knowledgeable?

i am overseas wating for my wife I130 to be processed ,however i need to return back home to the US for some very delicate surgery spinal cord my recovery is about one year can somehow my wife come with me to care for me during and after my surgery what kind of visa could she request,since her I 130 looks as it will take longer then anticipated if approved whatt the time span she can stay with me in the states would appreciate any answer or comment ,,,,,,,,Semper FI

dognhorsemom

In the US visa business, we have a thing called "dual intent." In your case, it means that your wife is an intending immigrant, but wants/needs to make a visit before her immigrant visa is ready. Provided she can convince the interviewing officer that she's not trying to jump the queue but really is going only to help you, her US citizen husband, and will return to whatever country she lives in in order to get her immigrant visa later, it is certainly possible that she could get a B2 (not B1) visitor's visa (B1 is for business tavel).

In fact, it could help her a lot if she would mention during the interview that she understands dual intent, and has no desire to overstay her tourist visa and not go back for her immigrant visa.

As for how long she could stay: normal admission on a B2 visa is six months. CBP will put an I-94 card in her passport stamped with the date by which she must leave the US. If it turns out that she needs to stay longer, you could apply for an extension of stay before the six months runs out. If it is granted, good. If it is denied, she MUST leave before the I-94 date. To overstay by even a day will jeapordize her immigrant visa later.

FRAGINAL-NOYPI

Tourist visa is the one that your wife needs and not a working visa.

waiting for baby

do you have doc papers copncerning this surgery
if you do go to your consulat
with the receipt you have when you file for the I130
EXPLAIN THE SITUATION and they might let you have a visa
for her
But you must have that surgery proof

tycoonthangraj

The consular officers will, provided you have valid reason, give her a B1 visitor visa, and would make a remark on the visa. Given that you are in need of medical attention, and your recovery process is pretty much a long drawn affair, the consulate may give her a multiple entry B1 visitors visa and subject to her convincing the immigration officers at the port of entry, she can get a valid entry for 180 days each time.

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