Is there an alternative visa one can apply for to enter USA while awaiting I-130 approval?

Asked over 1 year ago - Sunapee, NH

My husband has just submitted an I-130 for me after my application for B2 visa was rejected due to the length of stay intended. As such, I am no longer able to enter the USA on my tourist visa while awaiting approval. Is there any other way to enter and leave USA while the application is pending? I had hoped to travel to USA in August and return to Singapore in December. Would a K3 visa be any quicker?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    1

    Answered . A K-3 visa will not save you much time.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . The processing times for an I-130 + consular processing and for a K-3 are virtually identical.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Christopher Michael Pogue

    Contributor Level 12

    2

    Lawyers agree

    Answered . No. And I would stay far away from the K-3, it is a relic of a time when I-130 petitions took much longer than they do now. They will not speed up your case, but will cost you an extra $1,070 to Adjust your Status when you arrive in the US.

    You can try for the B-2 again with the assistance of a lawyer who can help your establish that you have strong ties outside the US and intent to merely visit while the I-130 is pending. However this will be more difficult now that you have already been denied once.

    The only other type of visa that could work for you is an L1 or H1, both of which would require a qualifying employer and job opportunity in the US. However this does not appear to apply to your situation.

    Representing clients throughout the US and around the world: www.PogueImmigrationLaw.com (513) 549-4420. We cannot... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,734 answers this week

3,059 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,734 answers this week

3,059 attorneys answering