Q: If I wanted to bring my wife to the U.S. from Sweden. Could she stay in the U.S. while her green card is processing?
I am a U.S. citizen and my wife is a Swedish citizen. We are both in Sweden currently but I’m heading back to the U.S. soon so I would like to bring her with. We have a child together and our child is a US citizen as well
A:
If you are a US citizen and you want to bring your Swedish wife to the US, you can apply for a marriage-based green card for her. While her green card application is being processed, your wife may be able to stay in the US on a K-3 visa or a CR-1/IR-1 visa.
A K-3 visa is a nonimmigrant visa that allows the spouse of a US citizen to enter the US while their green card application is pending. However, K-3 visas are no longer routinely issued and have been largely replaced by the CR-1/IR-1 visa.
A CR-1/IR-1 visa is an immigrant visa that allows the spouse of a US citizen to enter the US as a lawful permanent resident. It generally takes longer to process than a K-3 visa, but once your wife receives her CR-1/IR-1 visa, she will be able to enter the US and live and work there permanently.
It is important to note that the processing times for green card applications can vary widely and may take several months or even years. During this time, your wife may be able to stay in the US on a temporary visa, but she will need to comply with the terms and conditions of that visa and may not be eligible to work in the US.
It is recommended that you consult with an experienced immigration attorney to determine the best course of action for your specific situation and to ensure that you understand the requirements and procedures for bringing your wife to the US. The attorney can also help you prepare the necessary documentation and navigate the complex immigration process.
A: A US citizen can sponsor a foreign national spouse, who entered the United States legally, for her green card. If the spouse enters the United States on ESTA or a tourist visa with the intention to remain permanently, then that would technically be an immigration violation. However, If she entered the country with the intention to visit, but then changed her mind after she arrived, then she could adjust status to obtain her green card without going back home. The important thing is that the foreign national has to tell the truth.
A:
I agree with my colleagues.
Please see https://www.shusterman.com/green-card-through-marriage/
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