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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 100033
Experience:  Private practice in several areas, including immigration
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I MARRIED A FILIPINA IN THE PHILIPPINES IN 2011 AND WE LIVED

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I MARRIED A FILIPINA IN THE PHILIPPINES IN 2011 AND WE LIVED THERE 5 YEARS.
SEVEN MONTHS AGO SHE APPLIED FOR AN IMMIGRANT VISA. I MOVED BACK TO THE U.S. MARCH 5, 2016 AND HAD TO REPETITION HER. IT WILL TAKE ANOTHERS 5 MONTHS FOR THE VISA.
QUESTION: CAN SHE ALSO APPLY FOR A TOURIST VISA, COME HERE AND EXTEND UNTIL HER IMMIGRANT VISA IS READY FOR THE INTERVIEW, WHEN SHE WILL RETURN AND COMPLE THE IMMIGRATION VISA.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Ely replied 8 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. While she CAN apply for a B2, it may be denied. Why? This is because a B2 does not allow dual intent. This means that a B2 visa does not allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. She has immigrant intent because she would have an I-130 pending, so USCIS may deny her the B2 visa based on the fact that she already has an I-130 pending and thus this is in violation with the I-130's immigrant intent. In the end, it is up to USCIS/US Consulate to decide, and they have discretion, but I am afraid her chances of getting a B2 while an I-130 is pending are slim. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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