L2 Extension Pending for wife with USCIS.Planning to invite wife on tourist Visa (B2)

[Kapil]

Currently my L1B extension is pending with USCIS. Its been more than 3 months and status is still "Initial Review". So as my wife's L2 extension. She travelled back to India after the extension was filed. She won't be able to come back to U.S until my petition gets approved. It might potentially take longer time for the final decision to come from USCIS.

So, I am now planning to apply for her tourist visa (B2). Can my spouse enter into United States under the B2 Tourist Visa and then once the L2 Extension comes through from USCIS, can we file adjustment of status in U.S?

Can there be any complications during visa interview or any impact on L2 extension ?

Any help would be appreciated. Thanks a lot in advance

[kabkaba]

It will be better to upgrade the L1 petition to premium processing and then she can apply for L2 Visa once the L1 petition gets approved.

If you want to go with B2 option. It will be difficult to predict what her status will be if L2 extension gets approved afterwards. In that case she should again leave the US, obtain L2 Visa based on the L1 petition and return in L2 status.

Since she has held L2 status in the past and since your own L1 status is pending at this time (you will be her contact person for the B2 visit), the consular office may deny B2 Visa because of that.

[raghvi]

Also, to add to what Kabkaba mentioned, even if your spouse manages to get B2, a max of 6 Months of may be allowed at POE. An L1 extension can take 4-6 Months or more, also a B2 to L2 can take another 3-4 Months (there is no premium processing for dependent visa petitions) so she risks going out of status during her B2 tenure. As advised better to upgrade L1 extension decision to premium.

This is my opinion not legal advice.

[Kapil]

Also, to add to what Kabkaba mentioned, even if your spouse manages to get B2, a max of 6 Months of may be allowed at POE. An L1 extension can take 4-6 Months or more, also a B2 to L2 can take another 3-4 Months (there is no premium processing for dependent visa petitions) so she risks going out of status during her B2 tenure. As advised better to upgrade L1 extension decision to premium.

This is my opinion not legal advice.

Thank you very much for your prompt reply. Upgrading L1 extension decision to premium might not be possible in my case.So, my question is does the approval/denial of Tourist (B2) visa would have any impact on her pending L2 extension? If not, i can take a chance to go ahead with B2 visa.

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It will be better to upgrade the L1 petition to premium processing and then she can apply for L2 Visa once the L1 petition gets approved.

If you want to go with B2 option. It will be difficult to predict what her status will be if L2 extension gets approved afterwards. In that case she should again leave the US, obtain L2 Visa based on the L1 petition and return in L2 status.

Since she has held L2 status in the past and since your own L1 status is pending at this time (you will be her contact person for the B2 visit), the consular office may deny B2 Visa because of that.

Thank you very much for your prompt reply. Upgrading L1 extension decision to premium might not be possible in my case.So, my question is does the approval/denial of Tourist (B2) visa would have any impact on her pending L2 extension? If not, i can take a chance to go ahead with B2 visa.