Can my spouse travel to US to visit while my I-130 visa is approved?

Can My Spouse Visit the US During the I-130 Visa Approval Process?

When an I-130 visa petition for a spouse is approved, it can initiate a process that can lead to permanent residency in the United States. However, during the processing time, spouses may wonder if they can visit the US to see their partner.

Visiting on a B-2 Visa

It is possible for spouses to visit the US while the I-130 petition is pending, provided they have a valid B-2 visa. This visa allows foreign nationals to enter the US for short-term tourism or business purposes.

Potential Immigration Consequences

While visiting on a B-2 visa is permissible, it’s crucial to consider potential immigration consequences. The primary concern is that if the spouse remains in the US longer than the authorized period, they may violate the terms of their visa and accumulate unlawful presence.

This can result in:

• Difficulty obtaining a green card in the future
• Deportation proceedings
• Bars to re-entry into the US

Careful Consideration

Before deciding to visit on a B-2 visa, spouses should carefully consider the following factors:

• Length of stay: It is essential to plan a short visit that aligns with the authorized visa period.
• Proof of departure: The spouse should bring documentation demonstrating their intent to return home, such as return flight tickets.
• Avoid overstaying: Even a short overstay can have serious consequences, so it’s crucial to adhere strictly to the visa expiration date.
• Open communication: The spouse and petitioner should communicate regularly during the visit, discussing the expected departure date and any changes in plans.

Alternative Options

If spouses are concerned about potential immigration consequences or prefer not to visit on a B-2 visa, they may consider alternative options such as:

• Waiting until the green card is approved: This eliminates any risk of violating visa terms or accumulating unlawful presence.
• Applying for a K-3 visa: This spousal visa allows the spouse to enter the US legally while the I-130 petition is pending.

Conclusion

While visiting the US on a B-2 visa during the I-130 process is possible, it’s crucial to proceed with caution. Careful consideration of potential immigration consequences and adherence to visa regulations are essential to prevent any obstacles in the path to permanent residency.