Los Angeles, CA asked in Immigration Law for Wisconsin

Q: I married a Chinese spouse in China a year ago. We want to move to the US, but before doing so, I want to visit during

a holiday in August. Can we apply for a tourist visa and a spouse visa at the same time, or can the spouse visa only be applied for afterward? Or will she not be able to travel to the US at all on a travel visa? As a note, I am a native-born US citizen.

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1 Lawyer Answer
Kelli Y. Allen
Kelli Y. Allen
  • Immigration Law Lawyer
  • Charlotte, NC

A: Technically you could start the spousal visa process now and still apply for a visitor visa. If the visa is granted, there is still no guarantee of admittance by CBP. If you are admitted, as long as you leave on time and still process your immigrant visa through the consulate, there's no problem. As a practical matter, it's likely that a visitor visa will not be approved, but it's fine to apply. Just make sure all information is complete and accurate. I suggest having an immigration attorney handle to process and to fully advise you on this issue.

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