Can my husband visit me in the U.S. while my I-130 visa is processing?

Can My Husband Visit Me in the U.S. During I-130 Visa Processing?

When an individual applies for an I-130 visa petition, which is the initial step in sponsoring a foreign spouse for permanent residency in the United States, it can be a lengthy process. This may raise questions about whether the foreign spouse can visit the U.S. while the petition is being processed.

Yes, It Is Possible

The answer to the question is yes, it is possible for a foreign spouse to visit the U.S. while the I-130 visa petition is being processed. The most common option is to apply for a tourist visa, also known as a B-2 visa.

Requirements for a Tourist Visa

To qualify for a B-2 visa, the foreign spouse must demonstrate:

• Intent to return home after their visit
• Financial means to support themselves during their stay
• Ties to their home country, such as employment, family, or property
• Lack of criminal history

Applying for a Tourist Visa

The foreign spouse should apply for a tourist visa at the nearest U.S. embassy or consulate in their home country. The application process involves filling out a DS-160 form, submitting supporting documents, and attending an interview.

Evidence of Intent to Return Home

Providing strong evidence of intent to return home is crucial for obtaining a tourist visa while an I-130 visa is being processed. This may include:

• Proof of employment or business ties in their home country
• Documentation showing family or property ownership
• Travel history that demonstrates previous visits and returns to their home

Notification of I-130 Petition

While applying for a tourist visa, the foreign spouse should inform the consular officer about the pending I-130 visa petition. However, it’s important to emphasize that the tourist visa is not related to the I-130 petition and is granted independently.

Conclusion

In conclusion, a foreign spouse can visit the U.S. during the I-130 visa processing period by applying for a tourist visa. It’s essential for them to demonstrate strong ties to their home country and a clear intent to return after their visit. With proper preparation and documentation, they can increase their chances of obtaining a tourist visa while waiting for the outcome of the I-130 petition.