Tourist VISA for my Polish Wife

I recently got out of the military and my wife and I are trying to start an Immigration VISA so she can come live in the states. We have not been together for 5 months now. If we apply for a Tourist VISA so she can come for 3 months to visit will it get approved or denied. Someone told me it would get denied because they would assume she would just claim asylum when she got here. That is not the case we just want to be together while her other Application is started.

So what are our chances? What can we do?

Maternity

We have an employee who said they are going out 9/17 on maternity and would not be back to work full time but might come back part-time. Now she is asking if she can work part-time past 9/17 and possibly come back full time after the maternity. We need to hire a full time employee to replace her and will not be able to hire her full time after the maternity. We only have three employees. Are there any laws we need to concerned about if we tell her she cannot work past 9/17 and cannot return after maternity?

Domestic Violence Protection Order

I live in Ohio, Logan County and Ive been served with a domestic violence protection order. Based off the petitioner's statement I constantly call her and the statement is false. I tried on May 12th, 2009 to find out when her next doctors appointment was for our unborn child. She stated I was not allowed to attend and told me to leave her alone and I havent been in contact with her since. Im very surprised to recieve this so Im wondering if she does have a case. I dont know if it is relivant but in 2006 I was charged with domestic violence but didnt serve jail time, just paid a $300.00 fine. Im guessing she considers me calling her regarding the child a form of harrassment

child custody

My 11 year old daughter doesnt want to live with me, me and her father have joint custody but she wants to live with her father can she do that?