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Can I apply for wife's B2 visit visa after the I-130 expires?
Anonymous5 views4 answers
I applied for my wife's i-130, which got approved, but since my domicile is oversees, the visa got rejected and petition got dissolved 2 months ago. We are planning to apply for the B2 visit visa for intent to visit, not immigrate until I move back to the states and start the process over. Is there a chance the US Embassy may reject the B2 visa because of the previous petition?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
You have a difficult task ahead. Convincing the US consulate to issue your wife a B-2 "visitor's" visa will be no easy task after sponsored her for an immigrant visa to the USA. The fact that it ultimately got denied due to your inability to prove to have taken specific steps to resume domicile in the USA does not make that visa any more approveable - "immigrant intent" will be imputed to her no matter what now.. The consul will know full well that if issued a visa, wife will be able to "turn around" and apply for "adjustment of status" in the US. She already has an approved I-130. BTW an I-130 petition/approval never expires, unless "withdrawn" by the petitioner or revoked by USCIS due to fraud. In your situation you have no choice but let wife apply to "visit" the USA with you. You don't get "penalized" for trying.. You never know, a good hearted consul might even approve the B-2 visa despite it all - won't know until tried.
The chances of getting a tourist visa, after an immigrant visa denial (probably based on you failure to show US domicile) are very low.
CIS/DOS are aware of people trying to 'get around' the system with tourist visas and they don't 'like' it very much. Thus, they frequently deny tourist visas if they have the suspicion that someone is trying to get 'in' and then immigrate.
Consider a Skype consultation with an attorney to learn the legal way to do things.
If you really want to return to the U.S. with your family, you will have to first move here. Thereafter, you can petition your family join you. Good luck!