B1 status after divorce from a citizen.

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katrina123

Registered Users (C)
I have a valid B1/B2 till 2009. My husband had applied for me a I-130 which has been approved but i have still not received any intimation from the embassy. That is i have yet not got my visa stamped. Now we are looking at a divorce which is a mutual one. I wanted to know what happens to my visa status (B1/B2)? Will it still be valid and if yes then the next time i visit U.S will they at the port of entry know about the I130 application and the divorce? Because if they do have it on the status on there screen i see a slim chance of my reentry.

Thankyou
 
Ask your husband to withdraw the petition. That should get rid of the re-entry problem. I don't see why your B Visa shouldn't be valid anymore.

Good luck!
 
B petition is valid. Filing I130 won't void your petition itself. However, you did not have stamp yet and you need to get one next time you enter the US.. Obtaining stamp can be a little bit headache.
 
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GotPR, i understand from your post that B visa will still be valid. What i did not understand is the stamping precess. Can you please explain in detail.
trhanks
 
katrina123 said:
GotPR, i understand from your post that B visa will still be valid. What i did not understand is the stamping precess. Can you please explain in detail.
trhanks
Click to expand...

I am really confused...what stamp could GotPR be talking about. Does not make sense.
 
patty579 said:
I think he/she is referring to what katrina said in her original post:

Are you talking about your B-Visa?
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The OP already has a valid B visa. I believe she was referring to the immigrant visa that has not yet been received. In the light of this, GotPR's advice is nonsensical...on what grounds will she receive a stamp as an immigrant(with or without a headache!)?

The issue is to have the I130 withdrawn and to travel on B visa, making sure the OP has good evidence of ties to her country. She may have to meet a higher burden of proof of this due to her I130 that was filed for her. Notice the use of the word 'MAY', since the final decision is ultimately made by the officer at the POE.
 
katrina123 said:
GotPR, i understand from your post that B visa will still be valid. What i did not understand is the stamping precess. Can you please explain in detail.
trhanks
Click to expand...
If you already had valid B visa in your passport, there should be less trouble with using it for entry.(I assume you have never overstayed with that visa before. If you did, B visa you have now is not valid).

POtential problem is the case that you are asked about immigrant petition at POE. That is very unlikely, but not 0% chance they ask that question.
The next time you extend B1/2 or apply for new B1/2, you may have a little chance of rejection.
 
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Now you got the issue right gotpr. Thanks for the help. I would still like some more input on it i.e. if there is a possibility that i might be asked about the I 130 even if it is withdrawn at p.o.e.

thank you
 
katrina123 said:
Now you got the issue right gotpr. Thanks for the help. I would still like some more input on it i.e. if there is a possibility that i might be asked about the I 130 even if it is withdrawn at p.o.e.

thank you
Click to expand...

You may or you may not...I have come across several people who have had withdrawn petitions. The issue is not really the withdrawn petition, but rather whether you can establish good proof of your nonimmigrant intent -- do you have proof of steady employment, a house, family etc. etc. in your country of residence.
 
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