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visitor visa b1/b2 cancellation after I-130 petition??

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  • visitor visa b1/b2 cancellation after I-130 petition??

    My wife is a Green Card holder.I have B1/B2 valid visa till 2021.
    Now my question is
    1)will be my visa get cancled after she files pitition I-130 for me??
    2)I am in USA.Can i stay after my I-94 is over with a visa-extension?
    3)Am I allowed to re-enter USA if I came back to home country without staying longer than valid I-94 date?

  • #2
    1.No. The rule is , as long as you stick with the provisions of B1/B2 visa( temp. visit) , you are fine.
    Even if they ask you about your I-130 ( they may not), you must stress that your current visit is temporary
    ( give them proper reason , reasonable duration and carry a confirmed return ticket).

    2. Once I-130 is filed, extension filing for a B1/B2 is not advised.

    3. You can re-enter, as long as you do not spend long periods and do not enter very frequently.
    If you will ( staying 6 months, reentering after 2 months) , they can cancel your visa at entry and send you back.

    It is understandable that you wish to spend as long as possible with your GC spouse, and you are lucky to already
    have a B1/B2.But you must Use it wisely. Overuse it for staying very long in US, and you can lose the visa.

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