Visit husband with a tourist visa while I-130 is pending

[Lucyw 2]

I’m new to this so here is my situation if anyone can help...

 

We got married in Mexico back in May 2018. We moved to Michigan in November 2018 (I went with my tourist visa and a B2 permit issued in October 2018) I lived with my husband and then my B2 permit was going to expire in October 2019 so I went back to Mexico at the end of September and returned the permit. 
We filed I-130 in November 2019 and they got our money in December and we got a number which we registered at USCIS.

 

No more news since then, we keep waiting and missing each other.

 

My questions are:

Can I visit my husband with my tourist visa while my I-130 is pending? 
 

If yes then, Do I need to book an international flight? ( I live near the border so I could take a domestic flight and deal with the border consulate by land to obtain my permit)

 

If I can do a domestic flight:

should I book the flight and ask for the permit or ask for the permit and then book the flight?

 

It will be a round-trip flight for as long as I can stay with him...

I’m thinking about contacting a lawyer for all this questions but I don’t want to spend money if anyone can help me here...

thank you for reading this and I hope that you can help me... 

[Boiler 45,499]

Yes

No

What permit?

 

[designguy 1,179]

If you returned your visa/it expired then you will need a new one. If you have a pending immigration petition then it may be harder to get a new B2

[Lucyw 2]

17 minutes ago, designguy said:

If you returned your visa/it expired then you will need a new one. If you have a pending immigration petition then it may be harder to get a new B2

I own a tourist visa which expires next year, what I refer by B2 permit is a permit that lets you go further than just the border, that’s what you need when you cross by land. It expired but it can be renewed if I prove that Im going back to Mexico when Im done visiting... 

[designguy 1,179]

B2 is not a permit. Its a visa. 

 

Your issue is you have immigrant intent which is established by the fact you have an active immigration petition. Consular Officers are instructed to deny visitor visa's if the applicant has immigrant intent. Thats your issue

[Lucyw 2]

2 minutes ago, designguy said:

B2 is not a permit. Its a visa. 

 

Your issue is you have immigrant intent which is established by the fact you have an active immigration petition. Consular Officers are instructed to deny visitor visa's if the applicant has immigrant intent. Thats your issue

I already own a tourist visa, I have owned multiple visas since I was a baby ... the permit is just another thing besides the tourist visa which is called B2 permit. And my intent is to immigrate with my Spousal visa so what’s wrong with visiting my husband? I will have to come back to Mexico for the interviews anyway... 

[Boiler 45,499]

You have a BCC? I would get it renewed first.

[Just Paul 4,595]

The BCC isn't needed.   If you have a B2 that is all that needed.   You can fly internationally from Mexico to many US cities.

1 hour ago, Lucyw said:

We filed I-130 in November 2019 and they got our money in December and we got a number which we registered at USCIS.

It is can be a year or more just for the USCIS process.  There is also a current wait of about a year for the interview in Ciudad Juarez.

 

The good news is that you have a B2 and can visit.

[designguy 1,179]

2 minutes ago, Paul & Mary said:

The good news is that you have a B2 and can visit.

This is whats confusing cause the OP said the B2 expired in October 2019

 

1 hour ago, Lucyw said:

then my B2 permit was going to expire in October 2019 so

 

[Just Paul 4,595]

3 minutes ago, designguy said:

This is whats confusing cause the OP said the B2 expired in October 2019

 

 

I took that as her "stay" expired.  

 

Hopefully she can clarify the status of the B2 as is pretty hard to travel on a BCC and she has to get an approved I-94 at the crossing to exit the border area .   That may the be permit she is referring to.

 

The BCC also limits the time allowed in the US.  For example when crossing into AZ you can only go 75 miles and stay for 30 days.  If an I-94 is issued the times and distance is adjusted.

 

 

[Lucyw 2]

13 minutes ago, Paul & Mary said:

I took that as her "stay" expired.  

 

Hopefully she can clarify the status of the B2 as is pretty hard to travel on a BCC and she has to get an approved I-94 at the crossing to exit the border area .   That may the be permit she is referring to.

 

The BCC also limits the time allowed in the US.  For example when crossing into AZ you can only go 75 miles and stay for 30 days.  If an I-94 is issued the times and distance is adjusted.

 

 

Yes it is an I-94 border crossing “permit” as you say it with limited distance and time, sorry for the confusion (that’s how I usually been traveling all my life in domestic flights with no problem because I always clarify my intent). I only want my I-94 to be issued for a month so I can visit him, should I buy the flights and ask for my I-94 with my booked flights or just go to the border and ask the permit with my intent and then buy the flights? Thank you

[Just Paul 4,595]

3 minutes ago, Lucyw said:

Yes it is an I-94 border crossing “permit” as you say it with limited distance and time, sorry for the confusion (that’s how I usually been traveling all my life in domestic flights with no problem because I always clarify my intent). I only want my I-94 to be issued for a month so I can visit him, should I buy the flights and ask for my I-94 with my booked flights or just go to the border and ask the permit with my intent and then buy the flights? Thank you

You can only get the I-94 at the POE. The safest way would be to land cross the border and ask for an I-94.  Then you can buy a ticket to where you want to go.

 

You can still (try to)  renew your B2 without and interview.

[DGF 730]

Just to clarify, were you in the US from November 2018 - September 2019? If that's the case, what ties do you have to Mexico to prove that you'll return? The officer will see that you were visiting the US for 10 months and definitely question your ties. 

[Lucyw 2]

6 minutes ago, DGF said:

Just to clarify, were you in the US from November 2018 - September 2019? If that's the case, what ties do you have to Mexico to prove that you'll return? The officer will see that you were visiting the US for 10 months and definitely question your ties. 

I was visiting my husband and figuring out what to do with the lawyer about our situation because our first intent was an adjust of status but the lawyer recommended to come back to Mexico for the I-130 since we were already married. 

[Boiler 45,499]

You could have adjusted but that was then not now.