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

[Just Paul 4,595]

5 minutes ago, Lucyw said:

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. 

How long were you there?  If it was more than the allowed time of the I-94 your BCC has been canceled even if you didn't use it for the entry..

[Lucyw 2]

3 minutes ago, Boiler said:

You could have adjusted but that was then not now.

Well my lawyer recommended a spousal visa because we were already married, I was on a tourist visa not a work visa so the 90 day rule didn’t applied to me because we were already married... at least is what he said..

[Boiler 45,499]

Sadly we see no end of misinformation on here, I think maybe because Lawyers do not normally get involved in Family cases, anyway that is past.

[Just Paul 4,595]

1 hour ago, Lucyw said:

Well my lawyer recommended a spousal visa because we were already married, I was on a tourist visa not a work visa so the 90 day rule didn’t applied to me because we were already married... at least is what he said

Not answering questions isn't going to get you the correct answers.

 

Overstays are only forgiven if you HAD adjusted while in the US.   Either you misunderstood or were misinformed.

 

Sounds like you didn't leave on time.  You BCC has been canceled.   Your husband can visit you.

 

Have your husband create a free account here to ask his questions or have him hire a reputable attorney that does FAMILY immigration.

[Just Paul 4,595]

1 hour ago, Lucyw said:

Well my lawyer recommended a spousal visa because we were already married

That sounds like the only advice given that was correct.

Edited January 24, 2020 by Paul & Mary

[Lucyw 2]

1 hour ago, Paul & Mary said:

Not answering questions isn't going to get you the correct answers.

 

Overstays are only forgiven if you HAD adjusted while in the US.   Either you misunderstood or were misinformed.

 

Sounds like you didn't leave on time.  You BCC has been canceled.   Your husband can visit you.

 

Have your husband create a free account here to ask his questions or have him hire a reputable attorney that does FAMILY immigration.

I didn’t overstayed I had an I-94 that was valid for a year 

[Boiler 45,499]

5 minutes ago, Lucyw said:

I didn’t overstayed I had an I-94 that was valid for a year 

That is very unusual and the only time I have seen it is for very specific circumstances, not general visiting.

[designguy 1,179]

10 minutes ago, Lucyw said:

I didn’t overstayed I had an I-94 that was valid for a year 

Did you file to extend your stay? B2 have a maximum of 6 months (99.999% of the time)

[Just Paul 4,595]

29 minutes ago, Lucyw said:

I didn’t overstayed I had an I-94 that was valid for a year 

But you entered on a b2?

[Just Paul 4,595]

25 minutes ago, designguy said:

Did you file to extend your stay? B2 have a maximum of 6 months (99.999% of the time)

and the rest are less than 6 months or 2 years e2.

Edited January 24, 2020 by Paul & Mary

[Lucyw 2]

46 minutes ago, Paul & Mary said:

and the rest are less than 6 months or 2 years e2.

I have a tourist visa and multiple visas since I was a baby for 10 years each  then I had a J1 for 2 years At the same time I had my B2 and I always had an I-94 issued for a year like a lot of other people that I know.  
never had a problem with it. I used to cross the border at least twice a month just for shopping... 

[Boiler 45,499]

8 minutes ago, Lucyw said:

I have a tourist visa and multiple visas since I was a baby for 10 years each  then I had a J1 for 2 years At the same time I had my B2 and I always had an I-94 issued for a year like a lot of other people that I know.  
never had a problem with it. I used to cross the border at least twice a month just for shopping... 

Very odd, as I said I have seen it happen but it definitely is not the norm.

[Just Paul 4,595]

4 minutes ago, Lucyw said:

I have a tourist visa and multiple visas since I was a baby for 10 years each  then I had a J1 for 2 years At the same time I had my B2 and I always had an I-94 issued for a year like a lot of other people that I know.  
never had a problem with it. I used to cross the border at least twice a month just for shopping... 

A 10 year visa does not mean that you can stay for 10 years.   Your length of stay is determined at the POE.   For J1 it is for the duration of the stay (indicated by (D/S)  On a B2 you should be out of the US for more time than in the US.  You can hold a J1 without cancelling a B2.  

 

I'm involved in a company in Mexicali and rarely do my Mexican employees get more than a 30 day entry on a B1/B2.

[Lucyw 2]

6 minutes ago, Paul & Mary said:

A 10 year visa does not mean that you can stay for 10 years.   Your length of stay is determined at the POE.   For J1 it is for the duration of the stay (indicated by (D/S)  On a B2 you should be out of the US for more time than in the US.  You can hold a J1 without cancelling a B2.  

 

I'm involved in a company in Mexicali and rarely do my Mexican employees get more than a 30 day entry on a B1/B2.

Of course, I never said that you could stay with just a visa...

my POE or I-94 has always been for 6months up to a year and I thought it was normal because all my family gets it and friends that I know and that’s how it’s been all my life... maybe is because I live in the border and I have good records, and probably good ties... 

In the other hand I travelled with my J1 and D/S to multiple countries and never had a problem either... maybe i’m just lucky

[Boiler 45,499]

I can only think there is a miscommunication.