Entering on valid B2 US while waiting for I-130 and I-129F pending

N

Niyantks

New Member
Hi

I am a US citizen. I got married girl from India. I filed I-130 in october 15th 2013. After receiving I-797 from USCIS, I filed I-129F for K-3 visa on november 6, 2013. Both application are in pending status right now.

My wife already have valid B2 visitor visa till 2018 even before got married to me. The visa stamp is on her maiden name passport and now she have new passport with name change (my name). Though our last name is same. Just a middle name has been changed.

Now, I am planning to have her visit me for 2-3 months while we are waiting for I-130 and/or I-129F. We are not looking for status change here. She will go back to India and finish all the I-130 and/or I-129F process from India only.

Hope that clears background. My questions are,
1. Can she travel on her visitor visa?
2. If yes, will that be any problem to have visa stamp on her maiden name passport.

Thanks
 
del0175 said:
Well, she will be denied entry at airport because the officer will see on his computer that she has immigrant intent due to the pending petition. United States does not typically allow entry on visitor visa for people who have declared their intent to immigrate. Yes, your intentions are good but that is not enough. Just wait for the paperwork to come through. It is a small price to pay for marrying an alien.
Click to expand...

Intent to immigrate in the future does not mean "immigrant intent". Someone with a pending petition does not necessarily have "immigrant intent", which is the intent to use that trip to immigrate. As long as she plans to come and then return, she has no immigrant intent.
 
Niyantks said:
Hi

I am a US citizen. I got married girl from India. I filed I-130 in october 15th 2013. After receiving I-797 from USCIS, I filed I-129F for K-3 visa on november 6, 2013. Both application are in pending status right now.

My wife already have valid B2 visitor visa till 2018 even before got married to me. The visa stamp is on her maiden name passport and now she have new passport with name change (my name). Though our last name is same. Just a middle name has been changed.

Now, I am planning to have her visit me for 2-3 months while we are waiting for I-130 and/or I-129F. We are not looking for status change here. She will go back to India and finish all the I-130 and/or I-129F process from India only.

Hope that clears background. My questions are,
1. Can she travel on her visitor visa?
2. If yes, will that be any problem to have visa stamp on her maiden name passport.

Thanks
Click to expand...

1. Technically, yes. But it's possible that she will be denied entry, if she cannot prove that she does not intend to remain. This is especially hard since her category (Immediate Relative) has no wait for priority date, so it is very possible for her to immigrate on her trip.
 
They could search her bags, and if they find things that one only brings when one does not intend to go back, it could be a problem. So, at least she ought to make sure her belongings look like those of a visitor, and not an immigrant. For example, NO RESUMES in the bag, or work portfolios, tonnes of shoes, clothes and sentimental things. If she packs sensible and minimally, at least if they decide to search her things to determine eligibility, then she'd be in the clear on that front. Also, they could look at her cell phone/email (this is an invasive search that probably won't take place; but, it has been done), then messages indicating a full move would be bad.

Either way, there's a chance she could be denied entry unless she can show she MUST return. A letter from a boss would help, for example, or proof of an impending appointment.
 
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