B2 visa possible during cr1 so family can see newborn son

[MarcS 0]

I have been married to my Peruvian wife for fifteen months. We have a newborn child who is a US citizen. We haven't filed the paperwork for the cr1 visa yet. We would like my family in the US to have the opportunity to meet her and my son. Should we file now and then hope she can get a b2 or get the b2 before we file?  I have heard that there some red flags that come up if we file for the cr1 too soon after she gets to the US. Are there exceptions for family visitation?

[JE57 239]

Unless there are circumstances that you have not made clear I believe you are confused.   The CR1 visa will take anywhere between 12 and 18 months to complete the process if there are no problems along the way.  Once she has and uses the CR1 then she will enter the USA and at that point will be eligible to travel in and out of the USA at will and work in the USA if she chooses to.  She'll get a stamp in her passport on entry that will allow her to do both of these things and her greencard will come in the mail a couple of months later.   If you'd like them to visit in the USA before she gets the CR1 then she'd have to apply for a B2 visa.   She'd need to obtain that based on ties to Peru.  It seems unlikely given she has a newborn and a USC husband that she would be able to overccome the assumption that she would use the B2 to visit the USA and then adjust status when she got to the USA which is not allowed.  She might have an slightly higher chance of success if you'd already applied for the CR1 visa as then at least it shows intent to follow the legal process.  However, again it seems unlikely that she'll get the CR1.  The remaining possibility is that if you live in Peru with her then you may be able to file the I-130 thru DCF if you meet the requirements.... a much shorter process... potentially weeks.... But you must validly live in Peru for this to be an option and if that's the case you should indicate as such as your question takes on whole different tract. 

 

[Ryan H 3,797]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

[MarcS 0]

Thanks for your input. I understand the length of the process and have heard of people who have filed the i130 getting a b2 visa for a family visit. I am currently researching the DCF process. 

[pushbrk 12,266]

15 hours ago, MarcS said:

I have been married to my Peruvian wife for fifteen months. We have a newborn child who is a US citizen. We haven't filed the paperwork for the cr1 visa yet. We would like my family in the US to have the opportunity to meet her and my son. Should we file now and then hope she can get a b2 or get the b2 before we file?  I have heard that there some red flags that come up if we file for the cr1 too soon after she gets to the US. Are there exceptions for family visitation?

She won't get the B2 as it would be illegal to issue it to somebody with clear immigrant intent.  Your family in the US can visit Peru, if they want to see your child.