B1/B2 refusal due to pending I-130 — should we withdraw or keep it “parked”?

[jpal87 0]

My wife is South African, and I’m a U.S. and U.K. citizen. We live full-time in South Africa, where we both work and have just welcomed our first child, a baby boy who’s now two months old. He recently received his CRBA and U.S. passport at the consulate in Cape Town.

 

Last year, I filed an I-130 spousal petition thinking to “keep the door open” for the long term — I naively thought it was something we could just park until much later in life, when it came in handy. At the time, I honestly didn’t understand that it would interfere with travel. We have no plans to immigrate anytime soon — probably not for 15‑20 years, maybe when our son is college-age. Maybe never.

 

This week, my wife’s B1/B2 visa was refused under 214(b). The officer barely looked at any documents, only saying the pending I-130 showed immigrant intent. We just wanted to visit my elderly parents in Massachusetts for Christmas so they could meet their new grandson.

 

Now we’re unsure what to do next.

• If we withdraw the I-130, perhaps she can reapply and show stronger non-immigrant ties. We’re planning to reapply in a few weeks, with some congressional inquiry support from my senators + representative and lots more evidence (we have flights booked and my wife, a barrister, has court dates she has to appear for, back in Cape Town early next year / very strong reasons to return). We’re hoping the consular officer takes a look at our supporting evidence this time.

• If we keep it “parked”, we worry that when it eventually reaches NVC stage, it’ll only make it harder to enter on a B1 — and she might face ongoing scrutiny or airport issues. If we got the green card eventually too, it would not be conducive for these short visits either.

 

We’re not trying to immigrate right now, only to visit the U.S. a few weeks a year to see family.

 

Has anyone been in this situation — balancing a long-term I-130 with short-term travel needs? Would you advise withdrawing and starting over later, or keeping it active?

 

Thank you. 

[wildbug100420 346]

1 hour ago, jpal87 said:

My wife is South African, and I’m a U.S. and U.K. citizen. We live full-time in South Africa, where we both work and have just welcomed our first child, a baby boy who’s now two months old. He recently received his CRBA and U.S. passport at the consulate in Cape Town.

 

Last year, I filed an I-130 spousal petition thinking to “keep the door open” for the long term — I naively thought it was something we could just park until much later in life, when it came in handy. At the time, I honestly didn’t understand that it would interfere with travel. We have no plans to immigrate anytime soon — probably not for 15‑20 years, maybe when our son is college-age. Maybe never.

 

This week, my wife’s B1/B2 visa was refused under 214(b). The officer barely looked at any documents, only saying the pending I-130 showed immigrant intent. We just wanted to visit my elderly parents in Massachusetts for Christmas so they could meet their new grandson.

 

Now we’re unsure what to do next.

• If we withdraw the I-130, perhaps she can reapply and show stronger non-immigrant ties. We’re planning to reapply in a few weeks, with some congressional inquiry support from my senators + representative and lots more evidence (we have flights booked and my wife, a barrister, has court dates she has to appear for, back in Cape Town early next year / very strong reasons to return). We’re hoping the consular officer takes a look at our supporting evidence this time.

• If we keep it “parked”, we worry that when it eventually reaches NVC stage, it’ll only make it harder to enter on a B1 — and she might face ongoing scrutiny or airport issues. If we got the green card eventually too, it would not be conducive for these short visits either.

 

We’re not trying to immigrate right now, only to visit the U.S. a few weeks a year to see family.

 

Has anyone been in this situation — balancing a long-term I-130 with short-term travel needs? Would you advise withdrawing and starting over later, or keeping it active?

 

Thank you. 

Once you've demonstrated immigrant intent it's impossible to "unring the bell" in the words of attorney Jim Hacking. 

[Crazy Cat 45,600]

3 hours ago, jpal87 said:

Last year, I filed an I-130 spousal petition thinking to “keep the door open” for the long term — I naively thought it was something we could just park until much later in life,

You can't park an I-130 until it gets to NVC.  At that point, you can just take no action other than contacting NVC at least once a year to keep the case open.  However, that does not solve your issue since it shows strong immigrant intent.  Imo, your only possible cure in order to get her a B2  is to withdraw the I-130, and hope a Consulate Officer can be convinced that she, no longer, has immigrant intent.  Be aware that all B2 applicants are automatically assumed to have intent to immigrate to the US.  They are assumed to have the intent to stay and adjust status inside the US once entering via a B2.   Having a US citizen spouse and child are strong ties to the US. 

Edited 21 hours ago by Crazy Cat

[appleblossom 5,162]

**Thread Moved To Tourist Visas**
 

Reapplying in just a few weeks isn’t going to help, it makes your wife look desperate. I would leave it much longer personally. Decisions are made on the info submitted on the DS-160, so I don’t think any extra documents will help. And none of the things you mention are compelling reasons to return anyway. 
 

Remember that all B visa applicants are presumed to have immigrant intent and it’s up to them to overcome that in order for the visa to be granted - really she can’t do that with an I-130 in the works. 
 

If you don’t think you’ll want to move for decades, if at all, then I’d withdraw the I-130. Then give it at least a year and reapply for the B. 

Good luck. 

 

[Crazy Cat 45,600]

4 minutes ago, appleblossom said:

I would leave it much longer personally.

Good point.  I agree 100%.

[OldUser 10,781]

7 hours ago, jpal87 said:

We just wanted to visit my elderly parents in Massachusetts for Christmas so they could meet their new grandson.

 

 

7 hours ago, jpal87 said:

We’re planning to reapply in a few weeks, with some congressional inquiry support from my senators + representative and lots more evidence (we have flights booked and my wife, a barrister, has court dates she has to appear for, back in Cape Town early next year / very strong reasons to return). We’re hoping the consular officer takes a look at our supporting evidence this time.

This is unlikely going to happen, unfortunately. You can meet relatives outside of the US if they can travel somewhere. The plan of your wife going to the US during Christmas break this year is not realistic. The chances of this happening are close to 0.

Edited 17 hours ago by OldUser

[SalishSea 18,610]

13 hours ago, jpal87 said:

. We’re planning to reapply in a few weeks, with some congressional inquiry support from my senators + representative 

There is nothing they can do to influence or reverse a consular decision.  

[Ontarkie 15,050]

I really do not think that pulling the I130 will help. They've already seen it and the record of it will not go away. They already know the USC spouse could just apply for AOS once stateside. So pulling it will not stop the presumption of immigrant intent. 

If you have money to blow go ahead and try again. Not sure how filling out the forms again so soon will show anything different. She is still the mother and spouse of a USC. So many ppl like you have found out the hard way, that sometimes it is next to impossible to get s tourist visa to the US even when the USC lives abroad too with no plans to move to the US. 

 

Senators and congressmen cannot help you. 

[JeanneAdil 7,302]

CO also notes that you and the new child can travel to US to be seen by grandparents / even a baby can be cared for by the father 

or they can travel to u 

[Lemonslice 5,356]

If your parents are not able to travel to South Africa, you might want to look at Caribbean/Central America countries where your spouse is able to travel without a visa. 

 

Another option, however probably too late for this year's Holidays, is to get a visa to Canada and meet in Montreal. Shorter drive for them.  

 

Best of luck to you and your family.