B2 for person currently awaiting i130 petition approval.

[bubblegum]

Hey forum goers.

I am in a bit of a situation.

For context, here is a brief history.

- Australian Citizen
- June 2012, went to the US for potential business opportunity. Entered under ESTA.
- July 2012, met a girl.
- August 2012, re-entered under ESTA as business opportunity was promising and began the E2 process.
- November 2012, re-entered under ESTA and continued my E2 application.
- February 2013, returned to AUS after filing my E2 case for the interview at the Melbourne Embassy. Was denied due to lack of 'investment'
- April 2013, returned to the US to make additional investments to my case and hope to re-file. Denied entry to the US as i had inadvertently and mistakenly overstayed my ESTA by 6 days. I was told that in order to return i would simply need to obtain a VISA.
- Returned to AUS to attempt to strengthen my case from my home country.
-June 2013, reapplied for E2, subsequently denied as 'my company isn't eligible for support from the US government'... which was rather annoying.

I sat it out until September until my then girlfriend and I decided to get married. We wed in Vancouver in September 2013.

- October 2013, we filled our i130 petition.

Since then we have made multiple trips all around the world just to see each other, every cent we earn goes to our next meet up. I am living in Melbourne, she is in our apartment in LA. The relationship is real, and we are doing everything we can to make this work. All we want is to do it properly, and have my presence in the US be legal, and permitted.

So my question:

As this waiting game can be painful, and as my wife traveling to Australia every other month can become challenging, could I apply for a B1/B2 visa and visit her in the US? If so, what period of time would be possible?

Will a B1/B2 application (and potential denial) in anyway effect my i130 petition? Also, if approved for a B1/B2 and at LAX i am denied, will my i130 petition be effected?

I have a full time job and a signed lease in Australia. I have financing to cover all costs over the potential period in which I am in the US.

Any thoughts, advice or answers you all have would be fantastic.

Thank you, T

[peace999]

Married to a US citizen , and with a pending I-130, your chances for a B1/B2 are almost nil.

However, a B1/B2 denial will not affect your I-130. But it is really not worth wasting another $160.

I guess the waiting game should be a few more months, she can come and visit you in australia for that period.

[bubblegum]

Thanks peace999

Common sense told me that'd be the case, but just wanted to check.

She has been out to Australia 3 times already so were just looking for a more cost effective and time saving method, really.

We've done Canada and are meeting in Mexico for a wedding in May, but It's really hard finding flights to continental US that aren't through the USA.

Thanks for your help.