I130 affect on B1/B2/I94

[mugatu300 8]

My wife is a Chinese citizen, Canadian PR, with US B1/B2 Visitor Visa. If we submit the I130 with consular processing, will that in any way affect her B1/B2 visa or her ability to renew her I94 (she needs to get a new stamp every 6 months)? Her visa expires January 2026. In simpler terms, will it affect her ability to visit me in the US? I know submitting the I130 shows immigrant intent but if she is keeping her job in Canada and has an apartment in Canada and has doctor's appointments in Canada, is that enough evidence to show she plans to return to Canada? I just really hope the I130 wont affect her B1/B2, I94, or ability to visit me. Thank you all kindly in advance. 

Edited July 27, 2023 by mugatu300

[Mike E 11,739]

2 minutes ago, mugatu300 said:

If we submit the I130 with consular processing, will that in any way affect her B1/B2 visa or her ability to renew her I94 (she needs to get a new stamp every 6 months)?

It could

[Crazy Cat 41,811]

It is completely legal to visit the US during the immigration process.  Many spouses visit the US after filing an I-130.  However, every entry is subject to CBP discretion.  There have been Canadian spouses denied entry due to too-frequent visits.  Short visits are better.  I would not advise 6-month visits.  That could be interpreted as living in the US.  Strong ties and convincing CBP that she will return are critical.  Good luck.

Edited July 27, 2023 by Crazy Cat

[mugatu300 8]

16 minutes ago, Mike E said:

It could

 

13 minutes ago, Crazy Cat said:

It is completely legal to visit the US during the immigration process.  Many spouses visit the US after filing an I-130.  However, every entry is subject to CBP discretion.  There have been Canadian spouses denied entry due to too-frequent visits.  Short visits are better.  I would not advise 6-month visits.  Strong ties and convincing CBP that she will return are critical.  Good luck.

 

Sort of related question to my initial question and @Crazy Cat sort of touched on it, but is there a max # of days per year you can spend in the US on a B1/B2 visa? For instance, if my wife visits me for lets say 3-4 days every week for the 1-2 years while we wait out the green card process, is that OK? She will never spend month long visits since she needs to return to Canada to work in-office a few days per week. 

[Crazy Cat 41,811]

5 minutes ago, mugatu300 said:

 

 

Sort of related question to my initial question and @Crazy Cat sort of touched on it, but is there a max # of days per year you can spend in the US on a B1/B2 visa? For instance, if my wife visits me for lets say 3-4 days every week for the 1-2 years while we wait out the green card process, is that OK? She will never spend month long visits since she needs to return to Canada to work in-office a few days per week. 

There is no set number of days.  All it takes is a CBP officer to say she has visited too often.  It is very subjective.   Every frequent visit increases the risk of suddenly being told "Entry denied.  Come back when you have a proper visa for living in the US".  Unfortunately, there is no clear-cut definition of "too often".  As far as US immigration is concerned, you can visit her whenever you want without consequences.   

Edited July 27, 2023 by Crazy Cat

[Mike E 11,739]

3 minutes ago, mugatu300 said:

is there a max # of days per year you can spend in the US on a B1/B2 visa?

At minimum, you need to spend more days outside the U.S. than inside.

 

B visas are generally for  “short”, “infrequent”, and “casual” visits.

[Allaboutwaiting 2,503]

6 minutes ago, mugatu300 said:

 

 

Sort of related question to my initial question and @Crazy Cat sort of touched on it, but is there a max # of days per year you can spend in the US on a B1/B2 visa? For instance, if my wife visits me for lets say 3-4 days every week for the 1-2 years while we wait out the green card process, is that OK? She will never spend month long visits since she needs to return to Canada to work in-office a few days per week. 

There is actually a lot of leniency towards people that live in bordering cities -if that's her case-.

CBP agents are used to it: the same people crossing back and forth constantly sometimes several times a week.

[mugatu300 8]

14 minutes ago, Crazy Cat said:

There is no set number of days.  All it takes is a CBP officer to say she has visited too often.  It is very subjective.   Every frequent visit increases the risk of suddenly being told "Entry denied.  Come back when you have a proper visa for living in the US".  Unfortunately, there is no clear-cut definition of "too often".  As far as US immigration is concerned, you can visit her whenever you want without consequences.   

Now if she is told "Entry denied", does that prevent her from ever entering again until she receives her green card? Or can she chill in Canada for a few months without visiting to increase her percentage of overall time spent in Canada and then try entering the US again?

[Allaboutwaiting 2,503]

5 minutes ago, mugatu300 said:

Now if she is told "Entry denied", does that prevent her from ever entering again until she receives her green card? Or can she chill in Canada for a few months without visiting to increase her percentage of overall time spent in Canada and then try entering the US again?

B1/B2 visa would be revoked if entry is denied.

[Crazy Cat 41,811]

43 minutes ago, mugatu300 said:

Now if she is told "Entry denied", does that prevent her from ever entering again until she receives her green card? Or can she chill in Canada for a few months without visiting to increase her percentage of overall time spent in Canada and then try entering the US again?

I guess it depends on whether the agent just issues a warning or a bar.  I don't recall exactly how it was handled in the cases I mentioned. 

[Crazy Cat 41,811]

47 minutes ago, Allaboutwaiting said:

There is actually a lot of leniency towards people that live in bordering cities -if that's her case-.

I have no doubt that is true.  But, I know of cases which were not allowed leniency.  I have added as much as I can to this subject, and I do not wish to bicker.  So, I am backing out.  Cheers!! Good luck, OP.  I hope you have a smooth journey. 

[Mike E 11,739]

2 hours ago, mugatu300 said:

Now if she is told "Entry denied", does that prevent her from ever entering again until she receives her green card?

If she is invited to withdraw her application to enter the U.S., she get still get an immigration visa.

 

If she is given an expedited removal, it is a 5 year ban, including an immigration visa.

[pushbrk 12,870]

She should avoid abusing the visiting privilege.  Easy to do if you do the traveling sometimes, so it's not her spending more time in the USA, than outside.  4 days EVERY week IS abusing the privilege.

[Lemonslice 4,831]

Are you banned from visiting her in Canada? If not, you should consider alternate visits to each other.

 

As you know, no entry is guaranteed for tourists, so it's on you two to demonstrate you are only visiting; 3-4 days a week, every week, looks like what it is, living part time with you.  

 

[mugatu300 8]

7 hours ago, pushbrk said:

She should avoid abusing the visiting privilege.  Easy to do if you do the traveling sometimes, so it's not her spending more time in the USA, than outside.  4 days EVERY week IS abusing the privilege.

 

17 minutes ago, Lemonslice said:

Are you banned from visiting her in Canada? If not, you should consider alternate visits to each other.

 

As you know, no entry is guaranteed for tourists, so it's on you two to demonstrate you are only visiting; 3-4 days a week, every week, looks like what it is, living part time with you.  

 

Understood. Now as a US citizen myself, do the same rules apply to me in terms of visiting Canada? And by that I mean, only infrequent visits and not spending too much time there? If my wife is pregnant, obviously I want to be with her as much as possible to support her but also without jeopardizing either of our statuses.

8 hours ago, Mike E said:

If she is invited to withdraw her application to enter the U.S., she get still get an immigration visa.

 

If she is given an expedited removal, it is a 5 year ban, including an immigration visa.

Could you please elaborate further a bit please? I dont really understand.