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  • spouse of green card holder

    Hi, I am a spouse of a green card holder. I am now in China. I currently have valid B2 visa until Aug.2013. Once my husband files I-130 for me, can I enter into US with B2 visa while waiting for the approval? Filing I-130 and my B2 visa are conflicts to each other? How long does it take to get the approval of I-130? Thank you so much for any help!!!

  • #2
    spouse of green card holder

    That would not be a good idea to travel with your visa. It's purpose is for leisure travel. Your best option is for your spies to file for a K2 visa

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    • #3
      In theory, your B2 visa could be cancelled if used with "intent to immigrate" and/or to join husband with intention of being processed in the U.S.

      You will be queried at the Port of Entry as to whether your are married to someone in the U.S, and whether you intend to stay. Affirmative answers to each could result in refusal of entry, and being sent back to the last country from which you exited.

      --Ray B

      Originally posted by ellechavy View Post
      Hi, I am a spouse of a green card holder. I am now in China. I currently have valid B2 visa until Aug.2013. Once my husband files I-130 for me, can I enter into US with B2 visa while waiting for the approval? Filing I-130 and my B2 visa are conflicts to each other? How long does it take to get the approval of I-130? Thank you so much for any help!!!

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      • #4
        spouse of green card holder

        I'm going thru the same process. It's best to visit him and while you are here he files for you.

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        • #5
          Originally posted by rayb View Post
          In theory, your B2 visa could be cancelled if used with "intent to immigrate" and/or to join husband with intention of being processed in the U.S.

          You will be queried at the Port of Entry as to whether your are married to someone in the U.S, and whether you intend to stay. Affirmative answers to each could result in refusal of entry, and being sent back to the last country from which you exited.

          --Ray B
          Thank you so much. so what kind of visa should I apply so that I am able to visit my husband while I am waiting for approval. Once I-130 is approved, can I stay in US while I am waiting for the rest of the process to be finished? Thanks again!

          - - - Updated - - -

          Originally posted by claudia36 View Post
          I'm going thru the same process. It's best to visit him and while you are here he files for you.
          you mean I have to wait in China for the approval? I don't quite understand. Thank you !

          - - - Updated - - -

          Originally posted by marcovida77 View Post
          That would not be a good idea to travel with your visa. It's purpose is for leisure travel. Your best option is for your spies to file for a K2 visa
          I checked the website. I only found K1 and K3 visa. what is K2 visa? Thanks!

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