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Entering US on B Visa while I-130 Pending

By coming_to_america in Bringing Family Members of US Citizens to America

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coming_to_america Newbie

coming_to_america   0

Posted
Filed: Timeline
Posted

Currently, my wife and I are waiting for a decision on her I-130. USCIS cannot tell us when her case will process and we would like to go back to the US while we wait. I am a US citizen and my wife is from a country on the Visa Waiver Program, but she also has a B1/B2 visa.

What I would like to know is, if there is a way for her to legally enter the US while her case is pending and for her to receive her green card from within the US?

I read that it's possible for her to enter the US while her case is pending, but that she must leave when her permitted time to stay is up. But, it's unclear to me if she will be able to do a Change of Status, and if she will be able to get past the CBP when she enters the US. We don't want to risk a trip to the US only to find out that she can't enter or that she must leave to complete her visa processing.

Any help is appriciated,

Thanks

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.

Your wife can attempt entry, either on the VWP or her visa, but must depart once her period of authorised stay expires.

Edited by Hypnos

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Mark88 Proficient

Mark88   184

Posted
Filed: Other Country: Germany
 Timeline
Posted

She will be able to enter the US. But the IO's might give her hard time to enter. Important is that you have proof that your wife will leave after her allowed stay is up AND NOT do a change of status.

It's amazing how many questions can be resolved with a 2 minute Google search...

 
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