Hi I am on GC I have filed I130 which got approved for my wife and her pd is 4/6/2011. She has b1/b2 visa which she got before marriage. After marriage she did visited me one time(she has visited usa before marriage also) and at that time we had a child born in usa (she extended her visa ) after that she went back and it is been 1.5 years now she is still in her home country that is she did not visit to usa since she left usa. I filed her I130 after she went back to home country. Now since her i130 pd is 4/6/2011 can she use her b1/b2 visa to visit me for a month or 2.
She can try using the B-2 to enter the U.S. but she will have to clearly show non-immigrant intent and that is very hard to do with an I-130 that has been filed for her already. As long as she can convince an immigration officer that she intends to go back home after her visit, they should allow her in. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. I am not paid a salary. Clicking accept is the only way that I can get paid for helping you. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.
Thanks for answer one more thing of she comes and is denied the entry how that will impact her F2A visa processing
It depends. If they allow her to withdraw her request to enter, it will not affect the F2A at all. If they do not allow her to withdraw her request to enter, they could order her excluded which is like a deportation. She would not be able to come back into the U.S. for 5 years unless she were to get a very hard to get waiver. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
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