Immigration Site

Me and my wife have been married for 5 years, unfortuntely my wife went home on a family emergency and her K3 expired. Her I-130 is approved but, states that she is to adjust status in the United States. I called the USCIS and they told me that I would have to file a I-824 to move the application to counselor svcs with the NVC....My question is this.... My wife was granted a 10 year visa for visitation for 6 month periods even though her K3 has expired and she has an approved I-130 on file. She even told the consulate in PH...the situation and they approved it anyways. Can she just come over and put her I-485 ap in....I told her to not do this, b/c it may jepordize our immigration status....This sounds very illegal, but I have read if she is a direct relative which she is, that she could do this and be waived on the 10 year ban... Yes Im a US born citizen.....but something sounds odly wrong about staying on a 10 yr tourist visa to perform the I-485 process. I want to keep this legal and simple....Thanks for the advice in advance.... "Man this process is stressfull"

Visa approval is not a guarantee of being allowed entry into the US. The officer at the port of entry wont be the same one who granted the visa at the consulate. Shell still have a high risk of being refused entry, given the approved I-130 and adjustment of status was selected on the I-130.

Note that the leniency that is normally given to immediate relatives of USC is for the adjustment of status stage; that leniency is NOT normally given at the port of entry or consulate. Every day thousands of people are refused visas or refused entry because they are merely suspected of planning to immigrate (due to having close relatives in the US).

Keep things safe and simple by filing the I-824. In addition to avoiding the hassle of being refused entry (which could include being locked up in detention for some days while they arrange to send her back, and make it difficult to get visas to other countries), pursuing the rest of the process at the consulate would allow her to instantly become a permanent resident upon entry to the US.

I appreciate the fast response to the quote....I figured the 10 year visa was wrong, I even told my wife the same thing, that she could be detained at the port of entry b/c she would be coming on the wrong visa. I explained to her that the only valid visa at this point would be a immigrant visa. Plus I heard from others that consulate processing is much more simple considering we have been married for 5 years and would not have a conditional visa....at the end...

That was pretty stupid that the PH embassy even approved this and told her she could come here. I told her dont listen to this b/c its far from true. Myself have studied alot on Immigration law since im now in the middle of it....

Plus the last thing I would want is for my wife to be detained or have any chance of that...

What is PH?

She must have been interviewed by a rookie at the consulate. Her tourist visa approval is a definite anomaly, and she should not expect the officer at the port of entry (who will not have communicated with the consular officer) to be so kind.