Jump to:
Home » Frequently Asked Questions » J Visa

B visa while GC pending or similar situation

Submitted by Chief Editor on Sep 27th 2008
Printer-friendly version

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

out of f1 visa status

Submitted by Guest on Aug 18th 2011.

I just found out a couple of days back by my international advisor that I was out of status for two years now for takin classes in a community and transferring d credits and it made me a part time student..He sugguested I left d country after d semester and come back d new I-20 and letter of recommendation he gives me.and I also I have been married to a us citizen for 2months..is it safe to go out of d country?what can I do plz I need help

out of f1 visa status

Submitted by Rajiv S. Khanna on Aug 21st 2011.

You can just apply for your green card. Do not travel outside USA until you get your green card (or travel only as advised by your lawyers).

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Nonimmigrant Visas
Green Cards
Common Topics
Professions