Traveling to US on B2 visa while waiting for Spouse Visa

[Nile 0]

Hello, I'm a US Citizen and my partner is Indonesian and has a B2 visa valid for five years with multiple entry. She has visited the US three times, and we are both currently in Indonesia. If we were to get married in Indonesia and file form I-130 to apply for a spouse immigrant visa, would it be permitted for her to visit the US on the B2 visa during the time that the I-130 application was being processed?

 

I have heard mixed reports on whether this is permitted or not, and would be grateful for information from this community. Thank you.

[Daphne . 1,709]

It is permitted, but if she’ll be admitted by CBP is another matter and will depend greatly on how strong her ties to Indonesia are. Don’t have her visit for the max amount of time because that doesn’t show great ties. Does she have a stable job and life in Indonesia? 

 

I was able to visit the US while my I-130 was processing but had short visits of up to 2/3 weeks every 3 to 4 months and that travel pattern never caused any issues. I had a stable job and life in the Netherlands. 

[Dashinka 23,404]

Yes, this is possible.  Follow the advice of @Daphne ., short trips with plenty of time in between, and don't try to abuse the B2.

 

Good Luck!

 

 

[Nile 0]

23 hours ago, Daphne . said:

It is permitted, but if she’ll be admitted by CBP is another matter and will depend greatly on how strong her ties to Indonesia are. Don’t have her visit for the max amount of time because that doesn’t show great ties. Does she have a stable job and life in Indonesia? 

 

I was able to visit the US while my I-130 was processing but had short visits of up to 2/3 weeks every 3 to 4 months and that travel pattern never caused any issues. I had a stable job and life in the Netherlands. 

Hi Daphne, thank you for your helpful response!

Regarding your question "Does she have a stable job and life in Indonesia," her immediate family (mother, father and sister) live in Indonesia and it’s important for her to return Indonesia to be with them. She owns her own clothing business in Indonesia which she has been running for about six years. She does not currently own property or a home in Indonesia, and has been living in her sister's house. Does that sound like it would satisfy the need for "stable job and life in Indonesia"? What other sorts of things are helpful to demonstrate this?

She has visited the US three times since 2021. Visit history: 2021: 2 months, 2022: 4 months, 2023: 180 days or very near to it. Should we be concerned because that last visit was so close to the maximum allowed? Did we make a mistake with that?

 

Ideally she would come to visit for four months this next time, while waiting for the I-130 to be processed if we get married first.

One immigration lawyer I spoke with said he thought it would be fine for her to visit on the B2 visa while the I-130 was pending as long as we have a letter from the lawyer explaining she had applied for I-130 and will be returning to her country to complete the process after her visit. Is that letter important or useful? (also, another lawyer said something completely different: that she would not be able to visit on a B2 visa while the I-130 is pending).

If we get married in Indonesia and apply for the I-130 and she comes to visit the US on the B2 visa, while at CBP at the POE should she mention that she’s married to a US citizen and is coming to visit him, or should she not mention this (unless asked?)?

Thank you again!

[pushbrk 12,266]

You don't need a letter from a lawyer to explain.  You'll have a receipt notice.  If she didn't have sufficient ties to Indonesia, she wouldn't have gotten the visa to begin with.  A four month visit pretty much indicates she has no urgency to return to Indonesia.  That she's in the process of immigrating to the USA, negates the assertion it is important for her to return to be with her family in Indonesia.  I recommend a shorter planned visit with a return ticket date consistent with having a business to attend to.  She'll bet a six month stamp  anyway.  If she decides to extend her stay, that's really no problem, as long as she doesn't try to come back too soon.

[Daphne . 1,709]

12 hours ago, Nifteye said:

Hi Daphne, thank you for your helpful response!

Regarding your question "Does she have a stable job and life in Indonesia," her immediate family (mother, father and sister) live in Indonesia and it’s important for her to return Indonesia to be with them. She owns her own clothing business in Indonesia which she has been running for about six years. She does not currently own property or a home in Indonesia, and has been living in her sister's house. Does that sound like it would satisfy the need for "stable job and life in Indonesia"? What other sorts of things are helpful to demonstrate this?

She has visited the US three times since 2021. Visit history: 2021: 2 months, 2022: 4 months, 2023: 180 days or very near to it. Should we be concerned because that last visit was so close to the maximum allowed? Did we make a mistake with that?

 

Ideally she would come to visit for four months this next time, while waiting for the I-130 to be processed if we get married first.

One immigration lawyer I spoke with said he thought it would be fine for her to visit on the B2 visa while the I-130 was pending as long as we have a letter from the lawyer explaining she had applied for I-130 and will be returning to her country to complete the process after her visit. Is that letter important or useful? (also, another lawyer said something completely different: that she would not be able to visit on a B2 visa while the I-130 is pending).

If we get married in Indonesia and apply for the I-130 and she comes to visit the US on the B2 visa, while at CBP at the POE should she mention that she’s married to a US citizen and is coming to visit him, or should she not mention this (unless asked?)?

Thank you again!

I always answered according to what the status was, so this went from “visiting boyfriend” to “visiting fiancé” to “visiting husband”. 
 

The letter will not really mean anything, and won’t guarantee that she’s not going to overstay or adjust status, so I see no benefit in that. 
 

I would for sure do a shorter trip, being able to be away from your life for months at a time does not scream strong ties. 

[OldUser 5,172]

14 hours ago, Nifteye said:

her immediate family (mother, father and sister) live in Indonesia and it’s important for her to return Indonesia to be with them.

At the same time, in the future she'd have to leave them to live in the US? It's a bit weak point to make...

 

14 hours ago, Nifteye said:

She owns her own clothing business in Indonesia which she has been running for about six years. She does not currently own property or a home in Indonesia, and has been living in her sister's house. Does that sound like it would satisfy the need for "stable job and life in Indonesia"?

The only somewhat strong tie I see right now is the business. But again, if this business makes her $10000 a year, one would argue, she'd be better in the US working minimum wage jobs. It's another story if she makes $50k+ USD. The numbers are arbitrary but I hope this gives an idea?

 

She has to be honest and be ready for anything, including being denied entry as a visitor.

 

Edited March 7 by OldUser

[pushbrk 12,266]

2 hours ago, OldUser said:

At the same time, in the future she'd have to leave them to live in the US? It's a bit weak point to make...

 

The only somewhat strong tie I see right now is the business. But again, if this business makes her $10000 a year, one would argue, she'd be better in the US working minimum wage jobs. It's another story if she makes $50k+ USD. The numbers are arbitrary but I hope this gives an idea?

 

She has to be honest and be ready for anything, including being denied entry as a visitor.

 

All true but not all is doom and gloom.  The fact she's already visited three times without abusing her visa counts a lot on the positive side.  We're just pointing out what are week and strong points in your explanation of her ties.

[strawberry111 11]

On 3/6/2024 at 2:46 AM, Nile said:

Hi Daphne, thank you for your helpful response!

Regarding your question "Does she have a stable job and life in Indonesia," her immediate family (mother, father and sister) live in Indonesia and it’s important for her to return Indonesia to be with them. She owns her own clothing business in Indonesia which she has been running for about six years. She does not currently own property or a home in Indonesia, and has been living in her sister's house. Does that sound like it would satisfy the need for "stable job and life in Indonesia"? What other sorts of things are helpful to demonstrate this?

She has visited the US three times since 2021. Visit history: 2021: 2 months, 2022: 4 months, 2023: 180 days or very near to it. Should we be concerned because that last visit was so close to the maximum allowed? Did we make a mistake with that?

 

Ideally she would come to visit for four months this next time, while waiting for the I-130 to be processed if we get married first.

One immigration lawyer I spoke with said he thought it would be fine for her to visit on the B2 visa while the I-130 was pending as long as we have a letter from the lawyer explaining she had applied for I-130 and will be returning to her country to complete the process after her visit. Is that letter important or useful? (also, another lawyer said something completely different: that she would not be able to visit on a B2 visa while the I-130 is pending).

If we get married in Indonesia and apply for the I-130 and she comes to visit the US on the B2 visa, while at CBP at the POE should she mention that she’s married to a US citizen and is coming to visit him, or should she not mention this (unless asked?)?

Thank you again!

Wow 180 days visit is kind of redflag for me. What did she say in POE back then? Did she say she'll be staying 180 days?. 180 days is plenty of time to visit as tourist. I suggest to come back after more than a year if she stayed 180 days before.

 

I visited for 4 weeks and back to US 100 days later, they dragged me to interrogation room. She might have chance to be interrogated next time too questioning what did she do 180 days as tourist.