Business Visit while K-3 is in process

[Hiren 0]

My question is similar to the very common question of travelling to US while K-3 is in process. I am from India and my wife is a US citizen. She has

filed my I-130 on January and it was received on 18th January 2011. Since then I have not received further notification (which I guess is expected as it has been less then 3 months she filed).

I searched the forum before posting this question. Most of questions ask if the beneficiary can travel to US on visitor visa to meet his or her spouse, to which there are many different answers.

My question is, I have a need to travel for Business purpose. I work for a software company and need to travel for just 2 or 3 weeks on business (B-1) visa. I understand that I may be denied the Visa if immigration officer feels my intent to stay. However I have a job here and I can also get a letter from my employer stating my return.

Would this be a problem? Because on one hand my wife has filed I-130 which is immigrant visa, and here I am saying my purpose is not to stay in US its just a business trip (infact its true for this travel that I am actually traveling for business needs and will be returning). I would like to find out if this visit (approved or denied) can cause any delay in the processing time of my I-130.

Any help, suggestions would be greatly appreciated. I tried to search guidelines on USCIS web site but could not find.

[canadian_wife 1,831]

It sounds like you are on the Cr-1 path, not the K3 since you filed an I-130 stand alone (which is good, don't bother with the K3)

To answer your question, yes you can travel as long as you have a valid visa, admittance and duration of stay is up to the CBP and there is no guarentee that you'll be admitted. To make your attempt easier, bring ties to India, a strong one would be a letter from your employer stating why your trip to the US is necessary and when you are expected to leave. Also, anything like a lease/mortgage or other obligations in India will be helpful

good luck

[Penguin_ie 6,000]

***** Moving from K3 to CR-1 visa forum *****

An application for a B1, approved or denied, will not cause issues with your spousal visa.

Having a good job back in India will help you get the visa, but they still may have reservations. If you have travelled on B1 before, or your company routinely has employees visit the USA, that will help.

[Hiren 0]

Thank you very much, both of you! It sounds like a big relief. Now all I have to see is can I get a Visa in time so that I can travel for the meeting on time, hope so!!.

[Hiren 0]

Hi guys! I need your help again. However let me first tell you that as you all suggested getting B-1 was not a problem and I have great 3 weeks in US with my wife.

My I-130 got approved and I received NOA-2 on 23 May 2011. I also received letter from NVC a week back to stating "my petition has become eligible for

further processing with NVC". In the letter NCV has asked me send a signed letter registering an agent on behalf of me to whom NVC with communicate (it could be my self or any one, but I would register my wife). My wife has to pay the Affidavit of Support (AOS) processing fees. None of this is done yet as we just got is before few days.

Meanwhile my employer company (I work with HP)is thinking to hire me in US when I come there. However recently do to project needs they are willing to call soon and asked me if I can apply for L (ntra-company transferees) visa and then do rest of my processing here (that means filing of Adjustment of Status once in US). My question is, I am not sure if I can apply for an L visa (which is nonimmigrant visa) after my I-130 is approved and case has reached to NVC, but my further communication/processing with NCV has not yet started. I guess if the processing had started with NVC (i.e the required

fees paid) then it would not have been possible. But what about the in between time. Can I (of course through my company) file for L visa, come to US and then file for Adjustment of Status?

Any help, suggestion or pointer to more information is greatly appreciated.

Thanks,