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Visit USA on visitor visa while I-130 is under process?

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  • Visit USA on visitor visa while I-130 is under process?

    Hi,
    I am a Canadian permanent resident and my wife is a US-born and raised citizen she applied for my I-130 petition in May 2023. This application is under processing. However, I do have the B1/B2 visa stamped before the I-130 petition submission around March 2023. My question is what is the safest yet longest period of time I can visit/stay in the US on a B1/B2 visa while my I-130 petition is under process? I checked online and there is no concrete answer for that some people suggest not more than two weeks some suggest you can live as much as you can.
    Please note that my I-130 application was submitted truly with information that I am outside of the USA i.e. in Canada. Please feel free to comment if you need more information to answer this question. Your answer will be really helpful for me and others in this same situation.

    Thank you.​

  • #2
    I would avoid too many border crossings and would limit my stay in US per rolling year while my petition and visa application is in process. You want to make sure US entry is not denied due to too many crossing to avoid the delay in Visa stamping. I would not stay more than 4 months per rolling year although there is no definite answer.
    1/3 time in US 2/3 time outside US so that I look like visitor to US not immigrant. You may use your own judgement and circumstances.
    I read one incidence where CBP cancelled B1/B2 visa of K1 visa applicant because he was excessively crossing borders while his application was in process.
    Last edited by Borninusa; 10-17-2023, 10:40 PM.

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    • #3
      The duration of your stay in the U.S.on a B1/B2 visa typically depends on the discretion of the U.S. Customs and Border Protection (CBP) officers at the port of entry. They will determine how long you can stay during each entry. It's possible to be granted a stay of up to six months, but it can be shorter or longer based on the CBP officer's judgment.

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