Can someone with a Tourist Visa Visit USA after sending I130

kolopoi0

Member
Good morning everyone,

I am a Green Card holder and I have submitted an I130 for my wife (F2A). We had plans on her coming to visit me while we wait for her I130 process to move forward. I am USA right now.

Would she have any troubles at the airport? She has also submitted her DS260 before, as we were DV Lottery Winners but she couldn't complete her case (FTJ) in time, as the fiscal year is ending, and I did AOS. That is why we are doing I130 now.

Would there be any issues? She has a valid B2 visa.

Thanks a lot!
 

SusieQQQ

Well-Known Member
No one can tell you for certain yes or no. It will depend on whether CBP believes this will be a short visit before she returns home or whether they think she will attempt to stay and adjust status.
 

kolopoi0

Member
No one can tell you for certain yes or no. It will depend on whether CBP believes this will be a short visit before she returns home or whether they think she will attempt to stay and adjust status.
Thank you so much Susie,

Could this be a risk? I mean: Can she be banned from entering US or from processing her I130 (F2A) if the CBP doesn't admit her into the US?
 

SusieQQQ

Well-Known Member
No, the worst that can happen is she loses her tourist visa. She won’t get a ban for this and anoy denial of entry for immigrant intent has no impact on an immigrant petition.
 

kolopoi0

Member
No, the worst that can happen is she loses her tourist visa. She won’t get a ban for this and anoy denial of entry for immigrant intent has no impact on an immigrant petition.
You are great, thank you so much. If it is not to much bother, do you know if there are any governments sites that mention that a denial of entry do not impact an immigrant petition? I would feel so much better if I read it with my own eyes if the worst were to happen. We really want to be together for a few months until she finally gets her GC but we are so afraid of what could happen.
 

SusieQQQ

Well-Known Member
You are great, thank you so much. If it is not to much bother, do you know if there are any governments sites that mention that a denial of entry do not impact an immigrant petition? I would feel so much better if I read it with my own eyes if the worst were to happen. We really want to be together for a few months until she finally gets her GC but we are so afraid of what could happen.
The only thing that would impact would be a ban. You don’t get a ban for being denied entry. You get bans for unlawful presence in excess of 180 days, being deported, fraudulent misrepresentation. You can Google search what leads to bans for the US.
 
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