Q: My husband and I got married while he was here on a tourist visa. He returned to his home country before the tourist visa expired. I turned in form I-130, and it is in process. Can he visit me while we’re waiting for the I-130 to be approved?
He uses a passport when he comes to visit, so he doesn’t need a visa. We want to be together for a little while, but then he would leave before his permission to stay ends. He’ll apply for an immigrant visa in his home country.
Ans: Yes, he can visit while he’s waiting for the I-130 to be approved. But, he needs to show he still is coming as a visitor. In other words, that he isn’t trying to move to the U.S. permanently on this visit. He needs to prove social and economic ties in his home country, like family relationships and a job.
He should also tell the immigration officer about the pending I-130 when he enters the U.S. again. The immigration officer will know about it already, so if he doesn’t say anything about it, or if he denies it, it will be considered misrepresentation. If that happens, he might not be allowed to come into the country.