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

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. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. 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 provide legal advice or recommendations unless you retain our law firm to represent you. No attorney/client relationship will begin until you sign a representation agreement and make a retainer payment to open a case with us. Any information found here is general in nature and should not be relied upon in individual cases.


  3. 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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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