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Is it possible to get a B1/B2, while consular processing for green card is pending?

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  • Is it possible to get a B1/B2, while consular processing for green card is pending?

    US-citizen filed I130 for a foreign spouse. USCIS, NVC did all the processing. Then the case has been stuck due to covid. The case has now ben pending for over 2 years ... year before covid, and 1 year since covid started.

    There is no news when the consulate will restart immigrant visa processing.

    Newspaper articles say some visitor visa processing has started. So, can the spouse apply for a B1 visa, while CP is pending?

    Past history: Traveled to US on F1 (visiting post-doctoral student; 3 months), and B1 (1 month) about 8-10 years back. Never overstayed. Applied for a new B1 visa, 3 years after last B1 visa expired. That application was denied (told the honest cause, to travel with nephew who was coming to a US school; visa officer said why parents are not going to drop him? and then denied).

    Clearly, the person is an impending immigrant, but since the CP may take a long time, and 2+ years separation already after marriage, is a visitor visa possible for some time?
    --
    Marriage to US citizen based I130+CP
    7/21/18 Filed I130 @ Chicago Lockbox
    8/8/18 I797C (Notice of Action received)
    3/29/19 I130 approved
    5/15/19 NVC case/invoice email received.
    5/19/19 Paid all fees, submitted AOS, Civil Documents and DS260
    8/14/20 NVC marked the case complete, waiting for visa interview date.

    Total wait: 26 months+ ... still waiting! Who knows when, due to covid

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