B visa while GC pending or similar situation
After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time.
I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.
This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.
Dear All,
I want to inform the full story of my GC Episode. I am writing this on Sep-22-2004.
I was planning to apply for my GC during 2001 March. I was visiting many Attorneys office personally in Houston and through phone. I found out that, Attorney Rajiv S.Khanna was collecting the decent fees among all.
Then I checked his reputation. It was amazing. So, I contacted him through email.
Within 24 hours, with free of cost he talked to me. Listened my case and suggested me to apply through EB1 (OR).
I chosen him and his office gave me case number and opened a file for me. Then they assigned me to interact with one of Attorney’s Associates Ms.Diane D Lombardo. A Wonderful lady.
She walked through with me for the entire case (around 3 years). I could have asked at least 100 questions in my full three years, because my case was getting complicated. I lost my Job before I140 approval. I am a software engineer, so it is not a surprise for me. But, INS cannot understand that. I thought I lost my GC almost. But, Diane in continuous consultations with Attorney Rajiv rescued me from the deep problem. My sincere thanks to her.
Next Thankful person is Mathew Chaco. He also one of Attorney’s Associates. Great Person. Free to approach and also fast in responses. When my Finger Printing was not raised by INS. I approached him. He arranged for a talk to INS from Attorney office immediately. Within 30 days I got FP from INS. While many of my contemporary GC candidates are yet to get FP, I got it because of him and my GC also approved within 2 months after FP.
Next thankful Person is Ms.Suman. Over all supervisor. She talked to me several occasions. She is always to the point. If you approach for any issues. She will inform you the time for the reply. Exactly within the mentioned time (after the discussion with Attorney Rajiv or some times she arranged Attorney to talk to me) she will always reply with the possible positive answer.
All these questions I raised with them are free. Because I am a client for them.
Their office people also having excellent hospitality. Polite in answering and approachable.
BASED ON MY OWN EXPERIENCE, ATTORNEY RAJIV AND HIS ASSOCIATES ARE THE BEST LAWYER FOR IMMIGRATION RELATED PURPOSE IN USA.
Email me if you have any questions.
Good Luck.