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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

226 points proberts | 1 comments | 05 Dec 25 16:04 UTC | HN request time: 0s | source

As usual, there are countless immigration topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll do the same in my answers!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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loxodrome ◴[05 Dec 25 20:00 UTC] No.46166499[source]▶
Can a US citizen with a foreign spouse bring the spouse to the US on a tourist VISA and adjust status? What if they already filed the i-130 with consular processing?
replies(1): >>46168572 #
proberts ◴[05 Dec 25 23:04 UTC] No.46168572[source]▶
That could be viewed as fraud at the time of entry under both scenarios. I recommend that you speak with an immigration to come up with a workable plan. Note that if your spouse applies for his or her green card visa (known as an immigrant visa) at a U.S. Consulate, he or she can visit you on a tourist visa for extended periods of time while waiting for the interview at the U.S. Consulate.
replies(1): >>46168932 #
loxodrome ◴[05 Dec 25 23:47 UTC] No.46168932[source]▶
Thanks for the info. Tricky situation because we have a kid who has dual citizenship, and we are not in the US, but want to move back.
replies(1): >>46170548 #
1. refurb ◴[06 Dec 25 03:59 UTC] No.46170548[source]▶
Your best bet is to plan a year or so ahead and get sponsorship in the queue so the spouse can enter with a green card. Timelines are about 8-14 months.

But as PRoberts said, a non-citizen spouse can't enter on a tourist visa with the intention to change status. A spouse can visit, but then change their mind while in the US.

But CBP is well aware of people trying to shortcut the process this way, so it can be very challenging convincing CBP your non-citizen spouse intends to leave. But it can be done showing a job, property or other elements that would require someone to go back.