Fort Wayne, IN asked in Immigration Law for Indiana

Q: Can my husband travel with a visitors visa while his DS-260 Visa application is being processed?

My husband has a non-expired B1/B2 Visitors Visa before he and I married, and before I had petitioned for him. I petitioned for him using the I-130, and am currently with NVC processing. We already filed in all the supporting documents, the affidavit of support and DS-260. We are currently awaiting for his interview to be scheduled. My husband wanted to see if he could come to the United States for a very short period of time (few days to a week), so he could come here for important family matters. He is not seeking here to stay here, and he very well will go back to finish his processing. He understands the interview can fall on any day is willing to give up his trip at the last minute. Is he facing any risks if he does this?

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1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: The challenge for him will to be to show that he is intending to return home after a visa. Having a USC spouse figures negatively into that argument. He must show that he has a variety of connections, including work, family, assets, etc.

Stephen Arnold Black agrees with this answer

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