B2 visa with approved employment based immigration petition

K

kamrans

Registered Users (C)
Hi all
I am in strange situation. I am having green card and my wife's immigration petition approved a year back but because of retrogression employment based categories she is not able to get the visa. They are processing the dates of OCt 2001 and I have July 2002.
I have applied for the B2 visa for her. She will go back and get the immigrant visa as soon as the PD becomes current. This is just for the temporary period of time.
I need to know what are the chances and what we need to care about. Is there any other thing we need to present other then the required documents. Any comments and questions etc.
Pls help me out.

Thanks.
 
This is a very sticky situation .

When you have a pending immigrant petition pending , it is rare for USCIS to issue a non immigrant petition .

Google and read section 214-B . Your wife has intent to immigrate ( from her petition ) , how can you expect a non immigrant B2 visa ?
( This is just my thought )

However , please let us know if she did manage to get a B2 visa .Good Luck ,
 
Thanks for the response. The immigrant petition is not pending. Its approved but just because of the retrogression it is delayed. If it work good I wold be able to get the visa by now. The case is created in the US embassy but nothing is done since we got the letter from them that we have to wait for the visa to become available.
What do you think.

Thanks.


ps182 said:
This is a very sticky situation .

When you have a pending immigrant petition pending , it is rare for USCIS to issue a non immigrant petition .

Google and read section 214-B . Your wife has intent to immigrate ( from her petition ) , how can you expect a non immigrant B2 visa ?
( This is just my thought )

However , please let us know if she did manage to get a B2 visa .Good Luck ,
Click to expand...
 
actually to get an B1 she will have to give up/surrender her approved immigration approval. And you will have to sponsor her GC all over again.

Your best bet would be to wait it out or try some other visa with dual intent H1 or L1
 
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