Yes, you can get a B2 Visa after filing I 130

[Looftm 0]

I just wanted to post to let people know that yesterday we were able to get a six month B2 Visa for my Canadian wife at the border (near Watertown, NY). I had filed the I 130 last month and all of the research I had done had led me to believe that she could not come to the US to visit while the case is still pending. In fact, a few of the officers at the border tried to steer us away from it as well. The officer at the booth said we needed to go to Ottawa, and then when we went into the secondary building, another did the same thing. The officer we talked with did not know what to do, but an older officer came in and saved the day. He asked us a slough of questions, and then said he was convinced that she would not stay as an illegal alien and told the other officer to give us a B2 stamp.

It probably helps that we had all of our paperwork with us - I showed him the NOA1. My wife has also had a few TN visas (and never overstayed them), we've been married over a year, and we have a baby (which we brought with us, of course). Of course, the officer did say that every time she comes she must get stamps to establish a track record of not overstaying the visa - and that there are no guarantees and that she might be denied entry the next time she tries to get into the US.

But don't let anyone tell you that you cannot get a B2 Visa while you're in the process!

Good luck!

[Hilarious Clinton 452]

good to know