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B2 Visa and I-130 ..... advise please.

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  • B2 Visa and I-130 ..... advise please.

    Hi all,

    We all know that having a B2 Visa in our passport doesn't guarantee we're going to enter the US. This visa is technically, just a document to let us take the plane in our countries and have an interview face to face with the immigration officer at the US airport, which is actually the person who decides if we're welcome to US or not.

    alright. my mom has had a B2 visa (twice already, first time for 3 months only and 2nd time for 5 years or more not quite sure) for a few years now and is still valid, has come to the US almost every year or year and half, never overstayed, always come back on time, never had a problem.

    Soon, I'm thinking to file a petition to bring her to live with us here in US. Everything will be done while she's over there, so no Adjustment of Status will be necessary, everything will be done through Consular office in our country of origin.

    BUT, what will happen IF, while her case is pending, she decides to come to visit me in the meantime?? will immigration deny her to enter the US and revoke her B2 visa thinking that she's trying to stay once and for all in the US instead of waiting in line overseas??

    why am i asking this? well, she's planning to come to visit me in july, but at the same time i want to file her i-130 now, should i just wait and file once she comes back home??

    There might not be a specific answer to this question, neither information available online to this matter, but i wanted to know if someone here has gone through a similar experience or has heard anything about it from someone else.

    Your input is appreciated. thank you.

  • #2
    I suggest you file the I-130 after she is in US.

    She could be allowed to enter if she could show evidence of consular processing of her visa, but at this early stage of I-130 filing there won't be any. Even if she could show that, some officers still could deny her entry, since this issue is very discretionary.

    Why take a chance, it is a matter of only a few months.
    Last edited by peace; 04-21-2008, 10:52 PM.

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    • #3
      Originally posted by peace
      I suggest you file the I-130 after she is in US.

      She could be allowed to enter if she could show evidence of consular processing of her visa, but at this early stage of I-130 filing there won't be any. Even if she could show that, some officers still could deny her entry, since this issue is very discretionary.

      Why take a chance, it is a matter of only a few months.
      thank you peace.

      but you are telling me to wait until she's here and then submit, or wait until she leaves US and then submit??

      "this issue is very discretionary" yeah i know .....

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      • #4
        Wait until she is here in the USA and the file I-130 for her. Just the I-130, as soon as she enters to gain time. But like you said, do not file for AOS.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          Originally posted by PraetorianXI
          Wait until she is here in the USA and the file I-130 for her. Just the I-130, as soon as she enters to gain time. But like you said, do not file for AOS.

          thanks for the advice

          have a great day

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