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B2 Denied Due to I-130?

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BIT   3

Posted
Filed: Lift. Cond. (pnd) Country: Mexico
 Timeline
Posted

My wife went to get a tourist visa, to visit me while we wait for the I-130 the official told my wife that she was going to grant her the visa but she was denied because it was ILLEGAL TO HAVE THE B2 AND A PROCESSING A I-130 FOR A CR1/IR1

What do you think?

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08/02/2011 - Married in Merida.....................................................07/19/2012 - ASC Merida, Yucatan (DONE!)
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11/28/2011 - I-130 Sent...............................................................08/07/2012 - Medical (DONE!)0
11/29/2011 - I-130 NOA-1...........................................................08/09/2012 - Interview Approved!! (253 Days)

04/27/2012 - I-130 NOA-2 (149 Days)........................................08/14/2012 - Visa On Hand (4 Days)
05/11/2012 - NVC Received.......................................................08/17/2012 - POE MIA (260 Days TOTAL)

05/11/2012 - NVC Received.......................................................05/28/2014 - Sent I-751 ROC Package

05/29/2012 - Case Number and IIN Assigned............................05/30/2014 - I-751Reciept Notice

05/30/2012 - Gave Email Addreses to the NVC.........................06/27/2014 - Biometrics
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06/15/2012 - AOS Checklist (OUCH!)
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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

Are you sure your wife understood correctly? Was she given any piece of paper or anything written in her passport?

It is not illegal to have/ get a B2 while the CR-1 is processing, but it IS difficult to get approved for a tourist visa as your wife obviously has immigrant intent.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

You can get a B2 and truthfully state that you have no immigration intend. Later an I-130 is filed in your behalf, and that's just a change of plan.

But if an I-130 is filed in your behalf first, petitioning the U.S. government that you may be allowed to immigrate, and thereafter you apply for a non-immigrant visa, that usually doesn't work.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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ryna Proficient

ryna   132

Posted
Filed: Citizen (pnd) Country: Colombia
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Posted

From their perspective, filing for a tourist visa after filing for an immigrant visa is viewed as an attempt to find the shortest route possible (time-wise) to get into the U.S., even if it's not the case. Once an immigrant petition has been filed, visiting becomes a one-way street, where the USC does the traveling to the non-USC's country (if it wasn't already one to begin with).

N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

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Dan C. Explorer

Dan C.   18

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

If you already have a B2 visa before you go to apply for an I-130, you can still use the B2 to visit the US while your CR/IR1 is processing -- subject to the discretion of the officer at the POE, of course. That was the case for my wife; she visited me a couple times while her I-130 was processing, using her B2. Each time, she had to show proof that she was returning to Mexico.

I would think, though, that applying for a B2 after applying for a CR1 would raise some flags. I'm not surprised you got turned down.

7 Mar 2011 - Mailed the I-130 package

12 Nov 2011 - Became a U.S. resident (+250 days)

18 Sep 2017 - Sworn in as a U.S. citizen (+2137 days)

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