Currently have B1/B2 but applying for K3. Need advise.

[hemyhalim]

I have a B1/B2 visa which will not expire till 2018. Recently (Dec 09), I married my husband (American citizen) in Malaysia. We went back to the US together after a week of getting married. At the POE in Seattle, I was caught/allegedly accused of coming in to the US with dual intent to immigrate using the B1/B2 visa. Instead of being sent back right away, the immigration officers granted me a 2 week stay in the US. They also reminded (more like threatened) me that I must leave by the date on my I-94 and should not try to do anything "funny" during my 2 weeks there. I am now back in Malaysia while my husband is hiring a lawyer so we can apply for the K3 Visa. We are told that it will take at least 6 months to get the I-130 to be processed at the USCIS Service Center. My questions are:

1) Is my B1/B2 visa now automatically void?

2) If not, is it OK if I visit my husband in the US after a month (provided I bring all supporting documents to prove I intend to leave ie. return ticket, etc)

3) If a month is too short, is there a minimum no of months before it is safer to visit again?

4) Is it really at least 6 months for USCIS to process the I-130?

Thank you so much for your answers. Looking forward to them.

[immihelp]

1. Not really. But you will have trouble entering the US again on B1/B2 visa.

2 & 3. No matter how long, you will face problems entering the US on B1/b2 visa.

4. Yes.