General question

[mollypicon]

Hello. I'm American and have been married to a Russian for six years. We were living in London and had to leave two months ago. I am in the US and he is in Russia. I initiated the green card process shortly before we left London. The I-130 has not yet been approved and I am trying to track down its status (to no avail so far). I am pretty confused about the immigration process. Anyway, I had assumed we wouldn't be able to see each other for a long time unless I visit him in Russia, but now I've read about the B-2 visa. Would I be able to apply for this so he can at least visit me in Florida? I felt it would be a pointless exercise to try and apply for a tourist visa to the US since it would look (I always assume the worst with these things) like he was trying to immigrate to the US without going through the proper channels (he is a freelancer and does not have a specific job which currently ties him to Russia, he is there because that's the only place he can be at the moment). We visited my parents before but just went on a tourist visa. Would the B visa be my best bet? Thanks for any replies and I apologize for the probably simple question, I really don't get the immigration process and an American and Russian together are a pretty bad combination for that!

 

[Concerned4us]

B2 is not appropriate. Your only choice is to file as you likely have - as your spouse. There are no shortcuts; you will just have to wait. The good news is that unless there are unusual circumstances, the wait is less than a year - often just a couple of months.

The USCIS website has very good documentation on family based immigration; if you do not understand after reading that, consult with an immigration attorney.

So not try to do anything "funny" to bring him here outside the proper procedure. It could very well backfire and result in a permanent ban from entering the US for any reason. Material misrepresentation is a very serious issue.

 

[mollypicon]

Thanks. I don't want to do anything illegal of course- but now my question is how is it illegal? I want to see if he can come visit me for a few weeks in the next couple of months while the immigrant visa application is in process. Does the fact that there is now an immigrant visa in process mean that my husband is not eligible for a non-immigrant visa, or just that he is likely to be turned down?

 

[Triple Citizen]

Your husband is more than welcome to apply for a visit visa. No restriction stopping him from applying for it. However, in practicality, he will most likely be denied a visit visa. Having said that, no harm in applying. Perhaps he may get lucky!!!

I want to see if he can come visit me for a few weeks in the next couple of months while the immigrant visa application is in process. Does the fact that there is now an immigrant visa in process mean that my husband is not eligible for a non-immigrant visa, or just that he is likely to be turned down?