Q: what is the best way for me to bring my Indonesian wife to USA, ASAP at least for the next 6-8 months?

A: Firstly, I'm providing the advice below with the presumption that you yourself are a U.S. citizen or a lawful permanent resident. If not, there are many more things to address.

I often receive this question from clients that want to be reunited with their spouse as quickly as possible. While I understand it would be extremely difficult to be separated for an extended period of time, it is important to be extremely careful with the application process so as not to prejudice your case further down the line.

When someone enters with a tourist visa, they are telling immigration that they only intend to stay in the United States for a short period of time. This is called "non-immigrant intent". If USCIS believes your wife lied to Customs and Border Patrol when she entered the United States, USCIS could deny her I-485 due to having the ultimate intention to stay in the U.S., which is known as "immigrant intent". This would be a finding of fraud/misrepresentation which could get her into serious trouble.

While this whole process will almost certainly take longer than a tourist visa application, once this is approved, she will arrive as a lawful permanent resident and have no time limit on her stay in the U.S.

I would highly recommend that you schedule an appointment to consult with an immigration attorney in your area.

A: If you are a US Citizen, you can sponsor her for a fiancé visa. That process ranges from 18-24 months to complete. If she’s inside the US with a tourist visa and you then decide to get married, you can sponsor her for a green card and she can process in the US. Some of us ,including myself, handle these types of cases on a reasonable flat fee basis. Mom and dad can act as your joint financial sponsor if your income level doesn’t meet the minimum amount.

A: Here are some options and considerations for bringing your Indonesian wife to the USA to stay with you for 6-8 months:

Tourist (B-2) Visa:

- Allows visits for tourism, pleasure, or visiting family for up to 6 months.

- She would need to demonstrate strong ties to Indonesia (job, property, family) and intent to return.

- It can be difficult to get for applicants from developing countries like Indonesia.

- Not meant for extended stays or living in the U.S.

Sponsoring for a Green Card:

- As a U.S. citizen, you can petition for a green card for your wife.

- This would allow her to live and work permanently in the U.S.

- The process can take 10-18 months. Priority is given to spouses of U.S. citizens.

- Your parents could provide an Affidavit of Support as financial sponsors.

- May not be the best option if your long-term plans aren't set.

K-3 Nonimmigrant Visa:

- Allows spouses of U.S. citizens to enter the U.S. while awaiting approval of a green card application.

- Requires Form I-129F filing and a pending Form I-130 immigrant petition.

- Processing times vary but are usually several months.

- She would be allowed to stay in the U.S. while the green card is processed.

Ultimately, the best path depends on your specific situation, long-term goals, and how quickly you need her to come to the U.S. A B-2 tourist visa may be fastest but has limitations. The K-3 or spousal green card routes are better for extended stays.

I would suggest consulting with an immigration attorney to evaluate your case and determine the optimal approach. They can advise on details, eligibility, processing times and guide you through the application process. Let me know if you need any other information!