Can my wife visit me in the US while my I-130 visa is processing?

Can My Wife Visit Me in the US During My I-130 Visa Processing?

When submitting an I-130 petition for an immediate relative, such as a spouse, many individuals wonder if their family member can visit the United States while the visa application is being processed.

Eligibility for Visitor Visa

While your I-130 petition ensures that your spouse is eligible to apply for a green card, it does not guarantee entry into the US. Your spouse may be eligible for a visitor visa (B-2) to temporarily enter the US while the I-130 process is ongoing.

Approval of Visitor Visa

Approval of a B-2 visa is not guaranteed and depends on your spouse meeting all visitor visa requirements. The consular officer will consider factors such as:

• Purpose of the visit
• Length of the intended stay
• Ties to her home country
• Financial resources
• Ability to demonstrate non-immigrant intent

Non-Immigrant Intent

To obtain a visitor visa, your spouse must prove that she has no intention of remaining in the US permanently. She should provide evidence such as:

• Return ticket or itinerary
• Employment or study commitments in her home country
• Family or social ties that would motivate her to return
• Adequate financial resources to support her stay

Application Process

To apply for a B-2 visa, your spouse will need to:

• Complete Form DS-160
• Schedule an interview at a US embassy or consulate
• Provide supporting documentation
• Pay the application fee

Duration of Visit

If approved, a visitor visa typically allows for a maximum stay of six months. However, your spouse may request an extension of stay if necessary.

Impact on I-130 Petition

Applying for and obtaining a visitor visa while an I-130 petition is pending does not impact the I-130 process. However, if your spouse violates the terms of her visitor visa, it could negatively affect her future immigration applications.