Can I apply for a B-2 visa while the F2A visa application is in progress?
My wife has a green card and she applied for a F2A visa for spouse just one month before and it probably requires 18 months to be processed. However, my friend's marriage is in 4 months in the USA, and he wanted me to join.
So can I apply for a B-2 visa while the F2A visa application is in progress?
Best Answer
Yes you can apply. Of course it will almost likely (not always) promptly get denied because you have demonstrated immigration intent (via the F2A) which is not allowed on B-2 visas.
Many people (including some I know) with pending immigration visa applications travel with nonimmigrant visas. After all some immigration petitions take years to adjudicate. Usually though, the visas were obtained prior to filing the immigrant petition.
However the burden on proof is on you to convince a consular officer that they will not use the nonimmigrant visa to bypass the line and illegally immigrate. The crucial thing is to be able to show that yes you have immigrant intent, but not on this trip and also you intend to do it the right way via the F2A. Very tough.
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