Immigration Site

So glad theres forums like this. It seem the more i read, the more confuse i get cause everyone situation is different. Let me explain my situation, and any info or advice will be so appreciated. My wife and I got married 10 months ago here in CA. She live in Thailand, was here (CA) on vacation(tourist visa), met, and married. Im a US citizen by the way. Other than vacation she comes here quite often due to her work as a flight attendance (work visa).

Im in the process of submitting and turning in my form I-130 to apply for a GC for my wife. She brought to my attention about not being able to enter US with her tourist visa anymore once form is turn in. Does this apply to her? Im the one whos doing the petitioning (I-130)and representing her cause she doesnt live here. Im not going anywhere so its not "Abandonment" correct? If she lives here form I-485 and I-131 would be more suitable if leaving US, but thats not the case. In this case we are worried that once paper is submitted and shes fly here to see me on vacation (not work), that they wont let her in, cause process affect her visa. Can she still come and go with her visa once i turn in form I-130?

After days of looking, reading and numerous calls, i still dont have a definite answer. I bump into this forum, register, and hope someone with experience or knowledge of this can help me out. Thanks again

Once you file the I-130, that creates an entry in the immigration systems that she is married to a US citizen and wants to immigrate. If they know or strongly suspect someone has immigrant intent, they will refuse entry with a tourist visa.

However, the fact that she has entered and exited the US multiple times after being married to a US citizen would help to counteract that issue (she would have to defend herself with that fact if harassed at the port of entry). And make sure you select a US consulate in Thailand for question 22 of the I-130, to make it easier for her to convince the officer that she will go to the consulate in her country to interview for the green card, instead of staying in the US to pursue the green card via I-485.

The bottom line -- she faces the risk of being refused entry once the I-130 is submitted, but her situation gives her a good chance of overcoming that obstacle.

I hope she applied for both visas long before marrying you; otherwise there may be other problems.

thank you Jack

and yes, she had both of her visas for many years. I believe she recently renewed her tourist visa (not sure if its call tourist, travel, or something else)