Travelling on tourist visa whilst waiting for I-130

[JD2 55]

1 minute ago, Micam said:

I wasn't going to work - by flexibility I meant I just wanted to be able to manage my time on projects instead of working 9-5 and having a set schedule. I would much rather work weekends/evenings if it meant I could see my partner more frequently.

As long as you have a job and residence in your home country, you should be fine especially since you are on ESTA.  My brother's wife came for 2 months and was completely honest at CBP.  She said CBP officer raised an eyebrow when she stated the length of her stay but after she explained her job and how she could take off that long time, officer was satisfied.

[Micam 32]

3 minutes ago, JD2 said:

As long as you have a job and residence in your home country, you should be fine especially since you are on ESTA.  My brother's wife came for 2 months and was completely honest at CBP.  She said CBP officer raised an eyebrow when she stated the length of her stay but after she explained her job and how she could take off that long time, officer was satisfied.

This is great information, thank you! I was imagining I would most likely need proof that I'll return home, but hopefully the information about the job/return flight will be enough.

[Iulia16 0]

If I work for my husband’s business and I visit him on a B1/B2 visa while waiting for I-130 to be approved, can I work while I visit him or not?

 

Has anyone else been in a situation like this?

 

[Troy B 221]

11 minutes ago, Iulia16 said:

If I work for my husband’s business and I visit him on a B1/B2 visa while waiting for I-130 to be approved, can I work while I visit him or not?

 

Has anyone else been in a situation like this?

 

A B2 visa is for tourism only, you are _not_ allowed to work.

[Iulia16 0]

5 minutes ago, Troy B said:

A B2 visa is for tourism only, you are _not_ allowed to work.

The purpose of my travel would be to visit him. I have been working for his business for 4 years because it’s all online.

 

If I’m not allowed to work while I’m in the US, how can I prove that I won’t be working? I feel like just saying that I won’t work will not be enough.

[AJeane 7]

My fiance and I are waiting for our fiance visa to be approved. But it is taking a long time, and we thought about getting married and filling for spousal visa instead. The question is would it be allowed for him to stay in the US most of the time with me by visiting for six months on his b1/b2 visa, going out of the country and coming right back in? Is there anything that says he can't do that? He has visited me in the US three times already with no problems. 

 

[Troy B 221]

6 minutes ago, AJeane said:

My fiance and I are waiting for our fiance visa to be approved. But it is taking a long time, and we thought about getting married and filling for spousal visa instead. The question is would it be allowed for him to stay in the US most of the time with me by visiting for six months on his b1/b2 visa, going out of the country and coming right back in? Is there anything that says he can't do that? He has visited me in the US three times already with no problems. 

 

Typically with the USA, you have to be outside the country for an equal or longer time before you return.

[AJeane 7]

3 minutes ago, Troy B said:

Typically with the USA, you have to be outside the country for an equal or longer time before you return.

What will happen if you don't do it that way?

[Troy B 221]

3 minutes ago, AJeane said:

What will happen if you don't do it that way?

If you actually arrive in USA under that condition you would be returned to where you came from.

[AJeane 7]

8 hours ago, Troy B said:

If you actually arrive in USA under that condition you would be returned to where you came from.

I'm curious... Why does the US not allow that. Does it make any difference if the person has a good record showing he's come a few times and not overstayed?

[AJeane 7]

8 hours ago, Troy B said:

If you actually arrive in USA under that condition you would be returned to where you came from.

I'm not trying to question what you're saying. But, I see you and other people saying that this isn't allowed, and I wonder how do you know that, or where is this thinking coming from? Is this official policy?

[Crazy Cat 39,226]

 

9 hours ago, AJeane said:

My fiance and I are waiting for our fiance visa to be approved. But it is taking a long time, and we thought about getting married and filling for spousal visa instead. The question is would it be allowed for him to stay in the US most of the time with me by visiting for six months on his b1/b2 visa, going out of the country and coming right back in? Is there anything that says he can't do that? He has visited me in the US three times already with no problems. 

 

That would, possibly, result in entry denial and/or expeditious removal (which carries an automatic 5 year ban).  Visitor visas are meant for VISITING, not living in the US.  Every entry into the US is at the sole discretion of the interviewing CBP officer.  If that officer thinks the visitor is vising too often, he/she has the power to deny entry and or remove the individual. There is no written rule.  Short, infrequent visits are better. 

[Lil bear 3,831]

2 minutes ago, AJeane said:

I'm not trying to question what you're saying. But, I see you and other people saying that this isn't allowed, and I wonder how do you know that, or where is this thinking coming from? Is this official policy?

Unfortunately there is no clearly defined “things”that will avoid triggering refusal of entry. This is why we cannot say “ do this “ or “ don't do this “. The only firm policy that i am aware of is that every visitor, every time, is assumed to have immigration intent unless the CBP officer decides otherwise 

What people have shared is the historical collective wisdom, gathered  by everyone who has been either allowed to enter or denied, as to why they think .. or sometimes know in the case of refusals.. the CBP decided the way they did on the day 

 

Red flags such as frequent visits, longer visits, strong family ties in the US, perceived lack of reason to return to hone country, .. list goes on. No one can tell you more than they have already, what the CBP officer, whom  you encounter when you arrive on that day at that POE… will make of the totality of your situation 

 

 

 

[Lil bear 3,831]

9 hours ago, AJeane said:

My fiance and I are waiting for our fiance visa to be approved. But it is taking a long time, and we thought about getting married and filling for spousal visa instead. The question is would it be allowed for him to stay in the US most of the time with me by visiting for six months on his b1/b2 visa, going out of the country and coming right back in? Is there anything that says he can't do that? He has visited me in the US three times already with no problems. 

 

Highly unlikely he will get back in repeatedly  .. and if he is admitted , unlikely to be granted the full length each time. Remember, its not just the decision to be allowed to enter that is in the hands of the CBP officer at POE .. its the length of each stay. 6 months is max but not guaranteed on any visit 

[BLC 112]

1 hour ago, AJeane said:

I'm not trying to question what you're saying. But, I see you and other people saying that this isn't allowed, and I wonder how do you know that, or where is this thinking coming from? Is this official policy?

The answer is in the the name of the visa…It’s a visitor visa and what you’re suggesting is circumventing the immigration process and essentially wanting to “immigrate” on a visitor visa. If people could visit for 6 months on a b2, leave the country for an a few days, and then come back and stay again, they would essentially be living in the country, not visiting.