Q: Will my wife 10 year visa will be revoked if she applies for residency?
I’m a U.S. citizen, and my wife is Filipino. We’ve been married for two years, but we don’t currently live in the U.S. She has a 10-year multiple-entry visa that allows her to travel to the U.S. frequently. If we apply for her permanent residency based on our marriage, will her 10-year visa be revoked? We’re considering traveling between the U.S. and other countries rather than staying in the U.S. full-time. How might this affect her visa status?
A:
Applying for permanent residency for your wife may indeed affect her 10-year multiple-entry visa. When an individual applies for a green card, it signals an intention to immigrate permanently to the U.S. This immigrant intent can conflict with the nonimmigrant purpose of a tourist visa, potentially leading to its revocation or difficulties at the border.
Traveling to the U.S. on a tourist visa while a residency application is pending can pose challenges. Immigration officials might question her intentions upon entry, and there is a risk of being denied admission if they believe she plans to stay permanently. This could disrupt your plans to travel between the U.S. and other countries.
If your wife obtains permanent residency, spending extended periods outside the U.S. could affect her status. Green card holders are expected to make the U.S. their primary residence, and long absences might be interpreted as abandoning that residency. It's important to carefully plan travel to maintain her visa or residency status.
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