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My spouse has a B2 visitor visa. Can she visit the United…

Hi. My spouse has a...
Hi. My spouse has a B2 visitor visa. Can she visit the United States while her i130 is pending?
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Answered in 1 minute by:
3/22/2018
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,481
Experience: Managing Attorney at Nisha Jones Law, LLC
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Hi again! Just a reminder that JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Yes your wife can come visit you in the US while her I-130 is pending if she has a valid B2 tourist visa.

You should plan on her being questioned by immigration officials at her point of entry -- they will want to ensure that her stay in the US will be temporary and this she is not attempting to enter the US and stay permanently, because they will be able to see her pending I-130.

In order to address this and rebut any presumptions of an attempted permanent stay, she can carry with her proof of her intent to return to her home county.

For example, proof of a return ticket, proof of ongoing employment in her home country, proof of an ongoing rental lease or mortgage, proof that she has family or other immediate relatives living in her home country, etc.

As long as she has that information with her and can therefore show her intent for her stay in the US is temporary, then yes she can and should be granted entry to the US with her B2 visa.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 4 months ago
Thanks. If for some reason they don’t believe her stay is temporary and deny her, will it affect her pending I-130? For example her traveling with my baby son who has a US passport might seem suspicious of her intentions.

No, in the event that she is denied entry, it should not affect her pending I-130 in any way.

It shouldn't be considered suspicious that she's travelling with your baby son, since she is the child's mother.

As long as she has some of the documentation as I described above to show the temporary nature of her trip, she should be fine to enter on the B2.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,481
Experience: Managing Attorney at Nisha Jones Law, LLC
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Nisha Jones and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thanks

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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