rattiegyal

I'm a LPR and have just this past week filed the I-130 petition for my husband who is still resident in the UK. I am aware that this process can take up to four years, but is there anyway in the meantime if he were to come out on a B2 visa apply for a change of status to his visa - something enabling him to remain in the US but not allowed to work until the outcome of the I-130?

Kind regards

dreamercon

No, there is no such way.

ian-mstm

No. It is illegal for him to enter the US as a visitor with the intent to remain and adjust status. It is also unlikely that he'll get a B-2 visa if he's otherwise eligible to use the VWP. If he applies for a B-2 visa and it is denied, he will thereafter need to declare that denial on every subsequent US visa application including ESTA/VWP.

Ian

rattiegyal

He is not eligible to use the VWP due to a CIMT 27 years ago. I just thought there may be some way as a colleague of mine went to the US on a B2 visa as her fiance had a L1 visa, and she subsequently adjusted her status to a L2 visa after marrying him in the US and since getting her SSN is now allowed to find employment. So the most he can remain in the US then is no longer than 90 days at a time on his B2 visa?

Marocco

I assume he already has a B visa? If not, it will probably not be easy for him to get one, as the spouse of a US permanent resident.

ian-mstm

A visa is an entry document. You can't get a visa while inside the US... so, while it seems she did this, she actually didn't. At some point, she must have left the US and re-entered in L-2 status (even if it was a day trip across the US/Canadian or Mexican border).

Besides, her situation is completely different from yours. An L-1 is a non-immigrant visa, so her stay in the US will be short-term (in the grand scheme of things). You, OTOH, are talking about a change to PR status which is "forever".


With a B-2 visa, he may be eligible for 6 months stay. The 90-days is usually a restriction of the VWP... however, it's up to the CBP officer when he asks permission to enter the US.

Ian

Noorah101

I believe the Immigrant Visa process for spouse of an LPR has sped up quite a bit, and is no longer a 4-year wait. Last I heard, it was more like a little over a year. Check the visa bulletin to see what the current backlog is.

In the meantime, if he is able to get a B2 visa, he can come visit the USA for as long as the POE agent allows him to stay (up to 6 months, usually, sometimes less). He should not do back to back trips, though, so he'll probably only manage to fit in one visit during the time he's waiting for his immigrant visa to process. Having an LPR spouse goes against him, though, because he clearly has immigrant intent, and might not return home to the UK. It will be odd for the POE to have someone coming to the USA for 6 months at a time, anyway, unless your husband is of retirement age. Won't they need him back at work? And if he's not working, he doesn't have a strong tie to the UK which would make him required to return.

Rene

rattiegyal

We only just applied for a B2 visa and he had his interview last week Wednesday and was told it needs to be referred to the DHS because of the CIMT and that this could take anything between 1 - 3 months. I never thought being the spouse of an LPR would affect his chances

rattiegyal

No longer a 4 year wait? Are you serious - wow that would be great news! Was only checking options to see how long he would be able to stay, but he is in full time employment in the UK so would have to come back to work - think the most his work would allow him time off would be 2 months - the majority of which would be unpaid, so not particularly helpful.

John Manley

You are looking at 3+ years wait based on today's numbers for a current visa number. I am not sure I see the wisdom of the B-2 idea. Perhaps an H-1B, if he has a University Degree and a job offer in the U.S. in his field of specialty. You can have Dual Intent for the H-1B. It is just an idea you might look into.

The CIMT is a another issue entirely. Your husband may have inadmissibility issues due to this problem.

Noorah101

Sorry, my bad. The visa bulletin changes all the time. Currently, if you look here: http://www.travel.state.gov/visa/bul...etin_5489.html

The category for F2A (spouse of LPR) shows they are currently working on petitions from March 2008. So a little over 3 years. A while back the backlog was less, and it was down to just over a year. You'll just have to keep an eye on the visa bulletin and see where it's at each month, or every few months or so.

In the meantime, if he manages to get his B2 approved, he can visit the USA. If not, you can visit him in the UK.

Also, if his CIMT was that bad that it's affecting his B2 visa, you might want to consult with an immigration attorney to see if it will also affect his immigrant visa.

Rene