I-130 was just approved, need to enter on B1/B2 for short biz trip prior to interview

[vacuum 1]

My husband filed the I-130 in June and few days ago we received an email it was approved. We were very surprised about the short period but we'll take what we can get :-). I am currently in my second year of fulfilling the 2-year home residency requirement due to a J1 visa I had in the past. We are yet to start the process of providing the rest of the documents and setting up an interview at the Us Consulate and from what I hear, it may take few more months.

I work for a U.S. company from my home country and in September I was planning on traveling there on a business trip.

So my questions are the following:

1. Can I enter the country in September with the (nonimmigrant) B1/B2 visa I got earlier this year given that I already have my immigrant petition approved? I do not intend to stay in the US, I plan on going back and waiting out whatever time I have to wait to complete the green card process. The last thing I want is to get to the country and be sent back on a technicality.

2. Has anyone been in similar situation where the 2 year of the home stay requirement have not been fulfilled yet when their immigrant petition was approved? Do we wait now to complete the 2 years or should we schedule an interview as soon as it is possible?

Thanks!

[payxibka 10,045]

If the 2 yr HRR is unfulfilled at interview time this will prevent the current visa application from being approved (unless a waiver is obtained).

I would talk to the consulate directly and let them be your guide.... They may want you to interview now or they may want you to wait.

Your B1/2 entry will be the same as it has been before... if asked, you need to convince you will not remain on this visit. If they are unconvinced they can turn you around.

[vacuum 1]

Thank you, I will be talking to my lawyer tomorrow and will post here what he suggests I do. I also plan on talking to the consulate and see what they tell me to do. I really hope I can go on my business trip.... Thanks again.

[mrc1330 0]

Thank you, I will be talking to my lawyer tomorrow and will post here what he suggests I do. I also plan on talking to the consulate and see what they tell me to do. I really hope I can go on my business trip.... Thanks again.

You will get little to no good responses to your questions if you dont update your timeline

[vacuum 1]

I did talk to my lawyer and he advised to continue with the process as it is right now. He also said that I will need to work with them to schedule the appropriate time for the interview. So they will decide whether I can go for it before the 2 years are up or as soon as I am done with the 2 years. But it is important that I do let them know about it.

For my trip in September he thought I should be fine, but that I need to be as convincing as possible – letter from work with dates of departure and arrival, round-trip ticket, show that I have done it before and went back, show that I am subject to the 2 year requirement and based on that I can’t get the immigrant visa yet. He thought that whether I enter the country together with my husband and son or not should not matter but that I should prepare for some questioning.

I just read in a different thread in this forum, that there are cases where people have interviewed before the 2 years have been completed and have received immigrant visas. I will hope for that... We will see how things go.