Will I be able to get a US visa to visit my wife in the US?

Asked on Jan 31st, 2011 on Immigration - California
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I am Ghanaian. I invited my girlfriend to visit me and we were married when she came. Now that we are married, will I be granted a US visa if she asks me to visit her?
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Answered on Feb 21st, 2011 at 2:55 PM
Depends on the status that your wife is in. If she is a U.S. citizen, she should begin the process for you to immigrate. This is a multi-step process and will take 7-12 months with current processing times. While you are waiting we can pursue a nonimmigrant visa if you qualify. Most (but not all) nonimmigrant visas require you to prove that you do not intend to immigrate - if your wife is a U.S. citizen this will be difficult but H and L visas permit dual intent. If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.

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Answered on Jan 31st, 2011 at 5:43 PM
Congratulations on your wedding. It is unlikely that the US consulate will issue you a visitor's visa to enter the US because they fear you will remain in the US, because you are married to a USC. If you can demonstrate very strong ties to Ghana they you may be able to obtain it, but again, that is an uphill battle. They really want to see that you will leave the US when told to do so. Instead the proper course of action if you want to live in the US anyway, is to file for a green card via the three step consular process. If you would like to read more about that process, you can visit my website.

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Answered on Jan 31st, 2011 at 3:13 PM
While you have the right to file for an visitor visa, if you are married to a U.S. Citizen you will almost certainly be denied since they will not believe your intent is to visit. Instead, she needs to file and I-130 petition for you, and then to speed the process up, file a K-3 petition. Once you received your K-3 visa you can come to the U.S. and file for adjustment of status in conjunction with the already filed I-130 petition.

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