F2A Visa- I 130 applied in Nov 2018. Will I be able to travel in mean time?

[Gayathri 0]

Dear all,

My spouse is LPR and we applied for F2A in Nov 2018. I knew we have long wait. He planned to visit me and family during May 2019. After that his parents is going to visit him around July and stay till sep. I hold B1/B2 Visa valid for 10 years with multiple entries. I visited states for first time in 2016 for a month for business reason and 5 months in 2018 to spend time with my friends and fiancée that time now he is my spouse. We got married when I was in states in  aug 2018 and I came back to home country in oct 2018. So my question is whether I can travel with my visitor visa and stay for few months in end of 2019? 

 

I have read read other threads which few told they travellled with no issues but some thread I read if they deny entry at port then my b2 Visa will be revoked and I will get an entry ban. So how this works. Thanks in advance. 

[aaron2020 11,651]

You would need to show non-immigrant intent when entering the US.  You would need to show ties to your home and that you are not using the visitor visa to de facto live with your husband for large chunks of time.  

[Gayathri 0]

38 minutes ago, aaron2020 said:

You would need to show non-immigrant intent when entering the US.  You would need to show ties to your home and that you are not using the visitor visa to de facto live with your husband for large chunks of time.  

Okay so I have loans to repay and I have my dependent parents and brothers to take care

[aaron2020 11,651]

2 minutes ago, Gayathri said:

Okay so I have loans to repay and I have my dependent parents and brothers to take care

You can pay loans from the US.  Dependent parents and brothers who you will leave when your immigrant visa becomes available are weak ties to your home.
 

Your job would be a better tie.  

[Gayathri 0]

Yes I do have job here in home country and I will be taking sabbatical leave to travel. 

[geowrian 22,335]

20 minutes ago, Gayathri said:

Yes I do have job here in home country and I will be taking sabbatical leave to travel. 

So the job isn't really a reason to go back as you wouldn't be currently working there.

It's a bit of playing devil's advocate, but you need to look at how they will view it. Any ties that will be abandoned in the near future aren't really ties.

 

That said, the hard part is getting a visa. You already have that. CBP can deny entry still, but aren't likely to raise a fuss so long as you don't spend too much time in the US. The recent 5 month visit would be the biggest factor in that area, but if the plan is to travel in late 2019 then that may be fine.

Edited January 23, 2019 by geowrian

[Gayathri 0]

5 minutes ago, geowrian said:

So the job isn't really a reason to go back as you wouldn't be currently working there.

It's a bit of playing devil's advocate, but you need to look at how they will view it. Any ties that will be abandoned in the near future aren't really ties.

 

That said, the hard part is getting a visa. You already have that. CBP can deny entry still, but aren't likely to raise a fuss so long as you don't spend too much time in the US. The recent 5 month visit would be the biggest factor in that area, but if the plan is to travel in late 2019 then that may be fine.

Wow I understand. Fingers crossed and it’s upto officer to let me in. I wish this visa process to get sooner so that all can be with their loved ones without any hassle. Thanks so much for all your guidance