Question about getting B2 Visa for purpose of spousal permanent residence.

EnVee

New Member
Hi,

My wife (who is a US citizen) are looking at moving to the US. We were planning on filing an I-130 outside of the US and wait for the immigrant visa to come through. As we are planning to leave in the next 5 months (tickets are already bought), it looks like that isn't viable.

My question is, is it possible to get a B2 visa to live in the US and file for an I-130 once we arrive, then subsequently the I-485? Is this legal, frowned upon and will my B2 interviewer reject my B2 application if they know I'm looking at becoming a permanent resident?

I've noticed the question "What is the guarantee that you will come back?" in a sample interview online. Since I am looking for a B2 visa to tide me over until I can obtain an immigrant visa, is a truthful answer to this question (That I DONT want to come back) likely to get my visa application rejected?

Much appreciation for anyone who might have an insight into this matter.

Regards,
EnVee
 
The chance that you will get a B2 visa is very slim with US citizen wife.
File I130 already so time will be on your side. Then do consular processing.
if this is impossible for you then try but I doubt you can get visitor visa.
 
Using a B visa to enter with pre-conceived intent to file for Adjustment of Status during that trip is visa fraud.
 
Whelp there goes that idea. We currently have trips booked in December and are planning to lodge the I-130 soon. Is entering the US under the VWP possible with the full intention of my returning home possible? If i have proof of a flight home, bank accounts, employment and etc with me when go through CBP, is it likely that I will be denied entry due to having a pending I-130?
 
If you plan to return home, then yes, it's allowed. You may still be denied entry; it's hard to predict.
 
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