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jahjahwarrior

Immigration attorney to review impact of B1/B2 entry while pending I-130

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As you all know, the I-130 processing time is currently absurd. Longer than standard, longer than anyone should have to wait. Meanwhile, we are trying to minimize time spent apart. 

 

My wife has B1/B2 visa, granted after the I-130 process had started. The original idea was a short trip here, and we assumed the I-130 would be adjudicated and we could take a few days off, travel back for the interview, wrap the whole thing up. We ended up extending her stay here, have been having fun traveling, visiting with family, and every day I am very conscious of how lucky we are to have spent this time together when so many on this forum cannot get that visa while they are waiting. But we are about to leave the country for a week and wanted to consult with an immigration attorney about the prospects and impact of re-entering the US on the B1/B2 visa again before the interview for the CR1 visa

 

My understanding is there is a high chance they will deny her entry, but that being denied entry has 0 impact on the pending CR1 visa. I also understand that the 6 month max clock re-starts when she re-enters, but that the CBP agent can give any limit--for example, he could limit it to the return date on her return ticket.  But I'd like to confirm with an immigration attorney first, without paying for too many hours of attorney work but no issue to pay something. Anyone here have a recommendation for a good attorney? 

 

 

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Don't bother with an attorney.

 

Where is your wife intending to go abroad before coming back for another visit?

 

The likelihood of a second long visit after a long visit is extremely low.  CBP will see that your spouse is using her visitor visa to live in the US.  Be prepared for her not to be admitted.  

 

There is nothing an attorney can do to help.  

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Two things of note..

Presumably the spouse presented documentation that showed ties to their home country when applying for a b2 visa. Where are those ties if they're willing to spend a good chunk.. several months.. in the US? CBP has final discretion in admittance, and a denial of entry is always a possibility, esp with an immigrant petition pending.

 

Emigrating to another country requires patience and time spend apart; we all wait. Immigration in never easy, requires a ton of patience. CR1 visa has the shortest wait times of any visa category. Hopefully you two had conversations about the LDR part prior to the wedding. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Denial will not, deportation will.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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