H1/F1 after filing I-130


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Hi, she does not have a approved I-130 yet, so can we apply for her visitor visa? I am ready to give an affidavit (or any bond) stating that she will return within the legally allowed period of stay in the US. I just want her to come stay here for a few months and then go back. Do you know if the US consulate in India allows this or not?

Thank you

The H-1B visa benefits from the doctrine of dual intent while the F-1 visa requires an individual to show nonimmigrant intent and an unabandoned foreign residence, which may be difficult as the beneficiary of an approved I-130. It would be a good idea to discuss this matter with a qualified immigration attorney.

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Hi, Thank you for the reply, but I don't understand it. I was not thinking of hiding any information. When we apply for visitor visa everything will be disclosed i.e. we have applied for her I-130, but we are still applying for her visitor visa and that she will return to India to complete the green card process or return return within the legally allowed period of stay in the US (whichever is shorter).

1) Does this impact her I-130 in a negative way?

2) Does any body know about US consulate in India allows for this?

Thank you

The facts will be on record. She can come in H1 status or after she has her approval of the Immigration petition.

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