B-2 Visa Is a Non-immigration Visa,
and She Has Immigration Attempt Already

Help Desk:

My wife came back to her country and changed her address using form AR-11. After 4 months to be in her country, she decides to return to US as a visitor tourist.

Is it possible that Immigration at the airport could make her some problems because she stayed 5 months last time she was in USA? Could she argue that she is an American resident’s wife? 

Does she have to inform about her new address using the form AR-11? Does she have to inform about her changed address each time she travels from her country to US and vice versa? Currently, my wife has a B-2 visa that expires on November. 

Could she ask an extension of her B2 visa for 6 months more, arguing she likes to stay more time with her husband? 
How many times can she ask this extension?


Answer: 

1) If you filed I-130 application for her already, and again he is using B-2 visa to visit US, there may be a problem. Because B-2 visa is a non-immigration visa, and she has immigration attempt already. So potentially, there may be a problem for her to enter US with B-2 visa each time, before the I-130 application approval.

As an American resident’s wife, she should wait for I-130 approval outside the US, so she does not need to inform about her changed address each time she travels from her country to USA and vice versa.

2) Once in US, she can ask an extension of her B-2 visa for another 6 months, arguing she likes to stay more time with her husband. Normally, she can get 2 time extensions.

 

 

 

 

 


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