B1/B2 for persons awaiting i130 petition approval.

[bubblegum1 0]

Hey forum goers.

I am in a bit of a situation.

For context, here is a brief history.

- Australian Citizen

- June 2012, went to the US for potential business opportunity. Entered under ESTA.

- July 2012, met a girl.

- August 2012, re-entered under ESTA as business opportunity was promising and began the E2 process.

- November 2012, re-entered under ESTA and continued my E2 application.

- February 2013, returned to AUS after filing my E2 case for the interview at the Melbourne Embassy. Was denied due to lack of 'investment'

- April 2013, returned to the US to make additional investments to my case and hope to re-file. Denied entry to the US as i had inadvertently and mistakenly overstayed my ESTA by 6 days. I was told that in order to return i would simply need to obtain a VISA.

- Returned to AUS to attempt to strengthen my case from my home country.

-June 2013, reapplied for E2, subsequently denied as 'my company isn't eligible for support from the US government'... which was rather annoying.

I sat it out until September until my then girlfriend and I decided to get married. We wed in Vancouver in September 2013.

- October 2013, we filled our i130 petition.

Since then we have made multiple trips all around the world just to see each other, every cent we earn goes to our next meet up. I am living in Melbourne, she is in our apartment in LA. The relationship is real, and we are doing everything we can to make this work. All we want is to do it properly, and have my presence in the US be legal, and permitted.

So my question:

As this waiting game can be painful, and as my wife traveling to Australia every other month can become challenging, could I apply for a B1/B2 visa and visit her in the US? If so, what period of time would be possible?

Will a B1/B2 application (and potential denial) in anyway effect my i130 petition? Also, if approved for a B1/B2 and at LAX i am denied, will my i130 petition be effected?

I have a full time job and a signed lease in Australia. I have financing to cover all costs over the potential period in which I am in the US.

Any thoughts, advice or answers you all have would be fantastic.

Thank you, T

[canadian_wife 1,831]

You may always apply but the interview will certainly ask you for proof of strong ties. You clearly have immigrant intent and a history of overstaying. This must be overcome.

When did you petition for the spousal visa?

If denied the tourist visa or entry to the US, the immigrant visa should not be impacted if you do not misrepresent yourself.

Good luck

[RhettVoe 282]

While you can apply, getting approved will be a longshot, given your visa denial history (e2), the fact that you could use the b2 to do a COS to e2 (thanks to a sleepy adjudicator at USCIS) but could not do so from the VWP, and the filing of the I130, showing strong immigrant intent.