Another B2 Visa while I-130 Question

[sctdixon 6]

Hi everybody,

New to the forum and found a wealth if information here.

A little background information on my situation:

I'm a USC and my soon to be wife is a Peru citizen. We both reside in Peru as I'm working here and am a Peru resident. She currrently has a valid B2 Visa and has visited the US with me 3 times in the last 6 months. After we get married, I will file the I-130 (DCF in Peru) as soon as possible.

The question I have and cannot seem to find an answer to is this:

Will her valid B2 Visa be canceled once I file the I-130 or will she be able to continue to visit the US as long as the B2 Visa is still valid? Remember, I reside/live in Peru so the thought of her intent to stay in the US illegally shouldn't be an issue because I (her soon to be husband)don't live or reside in the US. Ultimatley when my work contract is up in 1 1/2 years, we intend on living in the US.

Thanks for any advice

[Noah Lot 391]

Hi everybody,

New to the forum and found a wealth if information here.

A little background information on my situation:

I'm a USC and my soon to be wife is a Peru citizen. We both reside in Peru as I'm working here and am a Peru resident. She currrently has a valid B2 Visa and has visited the US with me 3 times in the last 6 months. After we get married, I will file the I-130 (DCF in Peru) as soon as possible.

The question I have and cannot seem to find an answer to is this:

Will her valid B2 Visa be canceled once I file the I-130 or will she be able to continue to visit the US as long as the B2 Visa is still valid? Remember, I reside/live in Peru so the thought of her intent to stay in the US illegally shouldn't be an issue because I (her soon to be husband)don't live or reside in the US. Ultimatley when my work contract is up in 1 1/2 years, we intend on living in the US.

Thanks for any advice

There is no rule or law that states that a B2 is automatically cancelled if an I-130 is filed on behalf of the B2 visa holder. Of course, a CBP inspector could cancel if he/she thought your wife was going to remain in the US, but assuming her travel history is what you stated above, there should not be an issue.

[brownskinned 5]

I think it will be cancelled if she gets another US visa. My B1/B2 got cancelled when I was approved of the K1 visa.

[Mrs Green 6]

Her visa will be valid until she gets the immigrant visa

Her visa will be valid until she gets the immigrant visa

[sctdixon 6]

Hi everybody,

New to the forum and found a wealth if information here.

A little background information on my situation:

I'm a USC and my soon to be wife is a Peru citizen. We both reside in Peru as I'm working here and am a Peru resident. She currrently has a valid B2 Visa and has visited the US with me 3 times in the last 6 months. After we get married, I will file the I-130 (DCF in Peru) as soon as possible.

The question I have and cannot seem to find an answer to is this:

Will her valid B2 Visa be canceled once I file the I-130 or will she be able to continue to visit the US as long as the B2 Visa is still valid? Remember, I reside/live in Peru so the thought of her intent to stay in the US illegally shouldn't be an issue because I (her soon to be husband)don't live or reside in the US. Ultimatley when my work contract is up in 1 1/2 years, we intend on living in the US.

Thanks for any advice

Guess I need to clarify my situation and question....

She currently has a B2 Visa that is valid until the end of Feb 2012. We are getting married next month and will file the I-130 in January. Does anybody know if she will be able to RENEW the B2 after we are married and I file the I-130? A reminder, we both live and reside in Peru and will not be moving back to the states for quite a while.

Edited November 26, 2011 by sctdixon

[Boiler 46,013]

She can certainly seek renewal.

[payxibka 10,047]

Guess I need to clarify my situation and question....

She currently has a B2 Visa that is valid until the end of Feb 2012. We are getting married next month and will file the I-130 in January. Does anybody know if she will be able to RENEW the B2 after we are married and I file the I-130? A reminder, we both live and reside in Peru and will not be moving back to the states for quite a while.

Why are you filing an I-130 for your future spouse if you are not relocating to the USA "anytime soon"?

[sctdixon 6]

Why are you filing an I-130 for your future spouse if you are not relocating to the USA "anytime soon"?

Maybe "anytime soon" wasn't the best choice of words.

My employment status here in Peru is by annual contract. My current contract expires in June 2012 with a possible 1 year renewal. I'm going to file the I-130 as soon as possible so hopefully my new bride can relocate to the states with me whenever my contract finishes (6/12 or 6/13).

[payxibka 10,047]

Maybe "anytime soon" wasn't the best choice of words.

My employment status here in Peru is by annual contract. My current contract expires in June 2012 with a possible 1 year renewal. I'm going to file the I-130 as soon as possible so hopefully my new bride can relocate to the states with me whenever my contract finishes (6/12 or 6/13).

Back to your original question... the filing of an I-130 does not automatically cancel a B-2. It might however complicate any renewal

[ndu26 114]

Why are you filing an I-130 for your future spouse if you are not relocating to the USA "anytime soon"?

since her visa has just 3months left and you dont intend to immigrate ASAP so why not wait till february (have all your I-130 paperwork ready meanwhile) and as soon as she gets her visa renewed and issued at the embassy, send in the filing documents. that way you both can still tarvel for the remainder of your contract while you await the immigrant petition...