Coming on B-1/B-1 visa while I-130 pending

[artigano 1]

My wife has a B-1/B-2 visa, and she's thinking of coming to Miami to visit this summer. She visited last summer, with no problem, but at that point we didn't have a pending I-130. She is not planning to stay here, but to go back to Cololmbia and fininsh her degree and consular process.

Yet, I'm a bit nervous that if they ask her why she's coming here at the airport, and she says "to visit my husband," they will no let her in and find that she misrepresented. The reality of the situation is that she actually would be just visiting, but she may have trouble convincing the airport people of this. She could state that she's visiting her aunt and uncle, which also would be true. However, what if they see that the I-130 is pending. Could they see if its pending, since its in my name.

Since I work and she has the summer off, it would be much easier for her to come here, than for me to keep going there.

[GabiandVi 34]

There have been a number of threads about this topic. The only answer is that there is no guarantee. She should bring proof of her strong ties with her to the POE, and she should be honest and polite to the customs official. It is perfectly legal to visit while a petition is pending, but it is at the discretion of the customs official to decide. BTW, this is always the case, even when there is no petition pending. Anyone and everyone can be refused entry at the POE.

So far, I have not read one instance when the beneficiary of an I-130 has been turned away at the POE with a valid non-immigrant visa simply because he or she has an I-130 pending. That doesn't mean it hasn't happened or that it won't happen. Your SO should be prepared for more scrutiny than normal, but there seems to be a very good chance that she won't be refused entry.

[l3tranger 0]

I was approved a B-1 visa for one year with multiple entries with my I-130 still pending. There were no problem getting the visa since I have had a residential history in the USA for 6 years on H visa with my entire family there.