Can a spouse of US citizen obtain a B2 Visa?

[stoney500 0]

We are already married (in the US)

I-130 has already been approved. Have not yet applied for I-485

Wife needs to go back to home country for family/health reasons

Can wife get a B2 Visa to come back to US?

Otherwise, what would be the best way to get re-admitted into the US?

Thanks for your help!

[aaron2020 11,651]

A spouse of a USC can get a B2 visitor visa if the person can overcome the presumption that the person wants the visitor visa so she can immigrate to the US. Under the circumstances that you outlined, it would be impossible. A person can not get a visitor visa with the intent to use it to immigrate. It would be extremely unlikely that your wife will get a visitor visa so she can come to the US to file the I-485.

The best way to get re-admitted to the US is to file the I-485 and other documents and get AP.

[rodeo 11]

We are already married (in the US)

I-130 has already been approved. Have not yet applied for I-485

Wife needs to go back to home country for family/health reasons

Can wife get a B2 Visa to come back to US?

Otherwise, what would be the best way to get re-admitted into the US?

Thanks for your help!

Yes, she can apply for a visitor's visa to return but the chance is very slim. Did she overstay here? you may also consider that circumstance.... She may also consider to continue her immigrant process in her home country through a consular office if the need to come home now is really an emergency.....

Edited October 27, 2015 by rodeo

[Boiler 46,156]

Best way to come back would be with an immigrant visa.

[stoney500 0]

Thanks for the replies

Her original VISA expires in December so she has not overstayed.

Can you tell me what the immigrant process from her home country would be (given we already have approved I-130) and about how long that process would take?

[Boiler 46,156]

VISA is a credit card, you mean she has a B2 Visa and entered with it, when? and why are you asking about getting another?

Edited October 27, 2015 by Boiler

[newacct 688]

The visa is the thing glued on the passport. The visa is the thing allowing her to seek entry. The visa expiration date is the last day on which she can use it to enter the US. The visa has nothing to do with how long she can stay or whether she has overstayed; that is determined by the length of time she is given each time on entry.

Anyway, regardles of whether she needs to get a new visa or not, she cannot enter the US with a B2 visa with the preconceived intent of filing Adjustment of Status while here. She will be denied entry (or denied a visa if she needs to apply for that).

Edited October 27, 2015 by newacct

[MarinaMaya 3]

it can take 6 months to get a visa at the embassy to enter as a green card holder. Depends on how busy the embassy is.

[JohnR! 5,495]

If she leaves at this point, she wont be able to return on a B visa, if her intent is to stay in the US. She'll need to wait for her CR/IR visa in her home country.

We are already married (in the US)

I-130 has already been approved. Have not yet applied for I-485

Wife needs to go back to home country for family/health reasons

Can wife get a B2 Visa to come back to US?

Otherwise, what would be the best way to get re-admitted into the US?

Thanks for your help!

[rodeo 11]

Thanks for the replies

Her original VISA expires in December so she has not overstayed.

Can you tell me what the immigrant process from her home country would be (given we already have approved I-130) and about how long that process would take?stoney500

stoney500, It is the I-94 which will tell if your wife has overstayed as a US visitor. If ever, she does not overstay, based on I-94 date of stay, I doubt if she can return here in December, before her visitor's visa expires, because she will receive tons of questions at the port of entry why she left the country this October and returns in December in a very short period of time. Not to mention if at the port of entry, they found out that she is already married to a US Citizen, with a possible intention of adjustment of status to a permanent resident. She might face an A to A process.....