Travel on B2 visa while I130 is approved and NVC awaited

[SubhashJoshi 0]

Hi,

I wanted guidance for my below situation.

I am on L1 visa here in US and my wife is awaiting for L2 stamping appt in India.

We also have a family based GC initiated last year and her I130 has been approved 4 weeks back and has been sent to NVC.

 

My wife has a B1/B2 from her previous employer. Instead of waiting for her L2 stamping, can she travel on B2 visa and then can we apply for I1485 here in USA instead of NVC?

Is this risky and any downside to this.

 

We need her to travel here but also want to ensure her NVC/I485 is also not negatively impacted. 

Any advise will be helpful.

 

-S

Edited August 27, 2022 by SubhashJoshi

[Timona 4,207]

No can do🙅‍♂️...you can't do that. That's immigration fraud 

[Crazy Cat 41,874]

8 minutes ago, SubhashJoshi said:

can she travel on B2 visa and then can we apply for I1485 here in USA instead of NVC?

A B2 is for visiting....not adjusting.  Entering the US via a B2 with the intent to adjust status is visa fraud.  Patience is the key.

Edited August 27, 2022 by Crazy Cat

[SubhashJoshi 0]

What I meant is - she can come on B2 while we are awaiting L2 stamping dates.

As soon as we get L2 dates or B2 I94 expires (whichever is earlier) she can return with a valid L2. This should be legal and OK rt.

But while doing this will it affect NVC?

Edited August 27, 2022 by SubhashJoshi

[Crazy Cat 41,874]

6 minutes ago, SubhashJoshi said:

What I meant is - she can come on B2 while we are awaiting L2 stamping dates.

As soon as we get L2 dates or B2 I94 expires (whichever is earlier) she can return with a valid L2. This should be legal and OK rt.

But while doing this will it affect NVC?

That isn't what you said at all.  You said "can she travel on B2 visa and then can we apply for I1485 here in USA instead of NVC?"  . 

 

I'm out of this one. 

 

Edited August 27, 2022 by Crazy Cat

[Family 3,988]

30 minutes ago, SubhashJoshi said:

wanted guidance for my below situation.

I am on L1 visa here in US and my wife is awaiting for L2 stamping appt in India.

We also have a family based GC initiated last year and her I130 has been approved 4 weeks back and has been sent to NVC.

 

My wife has a B1/B2 from her previous employer. Instead of waiting for her L2 stamping, can she travel on B2 visa and then can we apply for I1485 here in USA instead of NVC?

Is this risky and any downside to this.

 

We need her to travel here but also want to ensure her NVC/I485 is also not negatively impacted. 

Any advise will be helpful.

Was there a reason why your L-2 wife didn’t get in at the same time you got L-1 ? 
 

Wife’s B1/B2 visa is unclear…if from “ previous employer “ ( B1 ?)  then traveling now for pleasure/visitor B2 purpose may not get her across. 
 

Family based “ GC initiated last year”…is confusing as INDIA Family Preference for either F-3 or F-4 is at least a decade away…every I-130 once approved gets sent to NVC and sits there…

 

Your L-1 is a great visa that allows dual intent , so whatever options are in your own  future you are good to go …

reach out to your employer’s legal team to get some clarity perhaps BEFORE you put wife on the plane and create unnecessary complications to her easy and Soon To Come L-2 
 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01DEC14	01DEC14	01DEC14	15MAR00	01MAR12
F2A	C	C	C	22APR19	C
F2B	22SEP15	22SEP15	22SEP15	01APR01	22OCT11
F3	22NOV08	22NOV08	22NOV08	15OCT97	08JUN02
F4	22MAR07	22MAR07	15SEP05	01JUN00	22AUG02

[SubhashJoshi 0]

I got my L1 stamped in Calgary and she could not join me from India -as class 12 board exams were going on for my son and he was alone.

 

B1/B2 visa stamp usually does not have employer listed. So we were wondering if it can be used - till we get a L2 appt or NVC paper work reaches us.

 

The L2 appt currently in India are running 16 months away in 2023! 

Hence looking for options.

 

 

 

 

 

 

[Boiler 45,519]

Does not really explain why she did not get her L at the same time as you got yours, but yes she can seek to visit on a B.

 

Sounds like there is a lot more to your case.

[SalishSea 17,829]

6 hours ago, SubhashJoshi said:

I got my L1 stamped in Calgary and she could not join me from India -as class 12 board exams were going on for my son and he was alone.

 

B1/B2 visa stamp usually does not have employer listed. So we were wondering if it can be used - till we get a L2 appt or NVC paper work reaches us.

 

The L2 appt currently in India are running 16 months away in 2023! 

Hence looking for options.

 

 

 

 

 

 

Would be wise to look only at legal options.