Visiting US on a B2 visa while awaiting I-130

[FLPilot 0]

This question is related to an earlier post I made about the J-1 visa and I-130 application.

Can my Russian wife visit the US on her valid B2 Tourist Visa, which is a 2 year multi-entry visa, while she has a pending I-130 application?

Some people have said she will be turned away at the airport because they will assume she is going to stay, since she will have an I-130 application pending.

Other people have said as long as she shows supporting documentation that she will leave after a short stay (2-4 weeks), they will let her in. I assume such documents as return plane tickets, business obligations back in Russia, etc? We hate to risk the money and heartbreak for her to fly all the way over here and get turned around without even seeing each other, but if it isn't that likely then we want to try it. A Russian friend of hers is married to a guy in the US Army and she says she has done it a few times without being denied entry.

Also, we got married here last June while she was on the same B2 visa, and she returned to Russia in July rather than trying to stay here. Doesn't this show her ability to "play by the rules" and earn us some brownie points with Immigration? (as if there are such things!).

Anyone have any experience with this?

Thanks!

[viri 0]

This question is related to an earlier post I made about the J-1 visa and I-130 application.

Can my Russian wife visit the US on her valid B2 Tourist Visa, which is a 2 year multi-entry visa, while she has a pending I-130 application?

Some people have said she will be turned away at the airport because they will assume she is going to stay, since she will have an I-130 application pending.

Other people have said as long as she shows supporting documentation that she will leave after a short stay (2-4 weeks), they will let her in. I assume such documents as return plane tickets, business obligations back in Russia, etc? We hate to risk the money and heartbreak for her to fly all the way over here and get turned around without even seeing each other, but if it isn't that likely then we want to try it. A Russian friend of hers is married to a guy in the US Army and she says she has done it a few times without being denied entry.

Also, we got married here last June while she was on the same B2 visa, and she returned to Russia in July rather than trying to stay here. Doesn't this show her ability to "play by the rules" and earn us some brownie points with Immigration? (as if there are such things!).

Anyone have any experience with this?

Thanks!

[canadian_wife 1,822]

As a Canadian, we are offered very generous entrances into the US without any visas. However, I was denied entry twice after I was married because the CBP said my ties to my husband were greater than any ties I had to Canada. Each time is different and it is up to the discretion of the CBP whether to let your wife in or to deny her entry. Tell her to bring strong ties to her home country to show that she intends to return and she should be ok - no one can say for sure if she'll be admitted and past entrances ane exits into the US - although great - rarely have an impact once the beneficiary is married to a USC

Good luck.

[Used to be broken 147]

Can my Russian wife visit the US on her valid B2 Tourist Visa, which is a 2 year multi-entry visa, while she has a pending I-130 application?

Also, we got married here last June while she was on the same B2 visa, and she returned to Russia in July rather than trying to stay here. Doesn't this show her ability to "play by the rules" and earn us some brownie points with Immigration? (as if there are such things!).

Anyone have any experience with this?

Thanks!

I would be VERY CAREFUL with this situation. If you got married here already CBP or USCIS or all the entities that make life miserable for people could ####### on your parade. Immigrant intent could be implied by the marriage and the I130 in and of itself, but unless the marriage was totally spontaneous she could be accused of fraudulent intent by marrying you on the B2 tourist VISA if she told the border agent that the intent of the visit was tourism, and a wedding was actually planned. If you submitted wedding invitations, or your wedding pictures in your i130 packet are a large family wedding, it could

"prove" her intent on her last visit was the wedding not a tourism visit. Its really thin ice and a big ####### shoot. If you have a pending I130 why risk a run-in and a derailment of the process?

Best advice spend a buck on an attorney before she tries to enter again or have her go to the US Consulate in Russia and ask them.

[FLPilot 0]

Thanks for all the feedback.

I think we are going to not risk it, and just continue to meet in Russia and Europe.

brokenfamily, I hear what you are saying, and hopefully they don't give us any ####### about getting married on the B2. We really didn't think we would get married on that visit, we ended up planning it in 2 weeks, she found a dress, we found a company to do the ceremony on the beach, got a cake, etc. Only my parents and kids attended, so it wasn't some huge wedding that would have taken months and months to plan. Hopefully the powers that be believe us. Thank God we didn't listen to a bad attorney who told us she should just stay in the US and apply for AOS! That would have REALLY shown intent to enter the US to get married on the B2. She returned to Russia 3 weeks after the wedding.

[coraliesolms 47]

I had a B1/B2 and they cancelled it when I went to go and visit my hubby in the states... it was a long ordeal in the mystic "back room" at the border, I wouldnt risk it.

[meant2b2009 0]

Thanks for all the feedback.

I think we are going to not risk it, and just continue to meet in Russia and Europe.

brokenfamily, I hear what you are saying, and hopefully they don't give us any ####### about getting married on the B2. We really didn't think we would get married on that visit, we ended up planning it in 2 weeks, she found a dress, we found a company to do the ceremony on the beach, got a cake, etc. Only my parents and kids attended, so it wasn't some huge wedding that would have taken months and months to plan. Hopefully the powers that be believe us. Thank God we didn't listen to a bad attorney who told us she should just stay in the US and apply for AOS! That would have REALLY shown intent to enter the US to get married on the B2. She returned to Russia 3 weeks after the wedding.

Hi folks, I was worried also about visiting my wife in NYC, I got all the documentation to go thru like an affidavit stating my responsabilities, also, my work letter, my cell phone bills, and guess what, I didn't have any problems at the POE and that was Newark, I am here spending Valentines day with my beloved wife, always remember love is worth it, and if you prepare yourself and you have a excellent entry record to the US, you won't have a problem. I am planning to visit my wife again in April, while our I-130 is approved, and guess what, I know everything will be excellent. Good luck, have faith, everything is gonna be alright!!!!!!

bye for now

[Ever 0]

My wife from Venezuela came as tourist for the holidays. Our interview date was January 7, 2010. Since she had airline tickets, we asked the embassy to reschedule. They moved the interview to March 4, 2010 (TOMORROW).

Any how, she had no problem at the airport. No questions asked. We had a wonderful time.

I guess every case/officer is diferent. I did read negative stories, but we had nothing to hide and decided to try. She was prepare with documents and proof that she was intending to return to the country, just in case they asked.

Good Luck!

[pargi1 0]

Hi, I was just wondering how your process is coming along? Did you manage to get by even though you were married on a tourist visa? I hope so and am very interested to find out how it is going.

All the best