Greencard holder - Wife in india - how can I bring her to USA ?

[newyorkerz]

Hi,

I am a Indian citizen, green card holder waiting for my Citizenship. I just got married and want to bring my wife (Indian) to US, we did apply for her I-130 which is also approved waiting for the status date. In this situation can we apply for visitor visa for her ? Is there is any law which prohibits her to apply ?

Is there is any other way I can bring her (other than H1B).

Thanks

[Libra_14]

Once you apply for an immigrant visa for anyone, the applicant cannot apply for non-immigrant visa anymore.

[rayb]

Libra,

Continued application for and use of visitor visas may still continue for those who have been petitioned for immigrant visas. But the caveat is that the Embassy or DHS is more likely to deny continued use of a visitor visa once "intent to immigrate" is a matter of record.

My wife's sister and brother-in-law (from Philippines) were in the 23-year waiting line for sibling visas, but came over twice on B2 visas while waiting.

--Ray B

Once you apply for an immigrant visa for anyone, the applicant cannot apply for non-immigrant visa anymore.

[newyorkerz]

Libra,

..

My wife's sister and brother-in-law (from Philippines) were in the 23-year waiting line for sibling visas, but came over twice on B2 visas while waiting.

--Ray B

Thanks for giving ray of hope.

I do understand it varies with embassy. Is there is any explicit rule which denies B2 visa if I-130 is approved ?

Thanks again,

[rayb]

Far as I know, there is no specific rule which denies a B2 visa when another petition is in process. But there is an agency manual which USCIS and other immigration-related staff use when reviewing particular status questions. Given that denials for pre-existing "intent" being a matter of record, denials for this reason are discretionary.

--Ray B

QUOTE=newyorkerz;469886]Thanks for giving ray of hope.

I do understand it varies with embassy. Is there is any explicit rule which denies B2 visa if I-130 is approved ?

Thanks again,[/QUOTE]

[newyorkerz]

Far as I know, there is no specific rule which denies a B2 visa when another petition is in process. But there is an agency manual which USCIS and other immigration-related staff use when reviewing particular status questions. Given that denials for pre-existing "intent" being a matter of record, denials for this reason are discretionary.

--Ray B

QUOTE=newyorkerz;469886]Thanks for giving ray of hope.

I do understand it varies with embassy. Is there is any explicit rule which denies B2 visa if I-130 is approved ?

Thanks again,

[/QUOTE]

Understood Thanks.

[newyorkerz]

https://fam.state.gov/fam/09FAM/09FAM040202.html

Can some one explain the following

https://fam.state.gov/fam/09FAM/09FAM040202.html

9 FAM 402.2-4(B)(4) (U) Spouse or Child of U.S. Citizen or Resident Alien

(CT:VISA-1; 11-18-2015)
(Previous Location: 9 FAM 41.31 N14.3; CT:VISA-701; 02-15-2005)

(U) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien may be classified as a nonimmigrant B-2 visitor if the purpose of the travel is to accompany or follow to join the spouse or parent for a temporary visit.

Based on the above, can we apply for tourist visa for my wife.