Can a Spouse on B1/B2 Travel to the US with Pending I-130 Petition?

Key Takeaways

• As of July 10, 2025, stronger fraud warnings issued on Form I-130 for marriage-based Green Cards.
• Traveling on a B-1/B-2 visa while an I-130 Petition is pending risks visa denial or entry refusal.
• Applicants must prove temporary visit intent, disclose pending petitions, and consider consular processing alternatives.

As of July 10, 2025, important updates affect spouses of U.S. citizens who want to travel to the United States 🇺🇸 on a B-1/B-2 visa while an I-130 Petition for a Green Card is pending. These changes impact how couples plan their visits, the risks involved, and the steps required to stay compliant with U.S. immigration law. This update explains what has changed, who is affected, what actions are needed, and what these changes mean for pending and future applications.

Summary of What Changed

Recent policy shifts have made the process of traveling to the United States 🇺🇸 on a B-1/B-2 visa while an I-130 Petition is pending more complex. The U.S. Citizenship and Immigration Services (USCIS) has released new editions of key forms, including Form I-130, with stronger warnings about marriage fraud. There is also a clear trend toward stricter scrutiny of marriage-based Green Card applications, especially for those who try to visit the United States 🇺🇸 while waiting for their petition to be approved.

Who Is Affected

These changes mainly affect:

• Spouses of U.S. citizens living outside the United States 🇺🇸 who have a pending I-130 Petition and wish to visit their spouse in the U.S. on a B-1/B-2 visa.
• U.S. citizens who have filed or plan to file an I-130 Petition for their spouse.
• Couples considering whether to wait abroad for consular processing or attempt to visit the United States 🇺🇸 during the waiting period.

Effective Dates

The updated procedures and form editions are in effect as of July 10, 2025. The current edition of Form I-130, dated 04/01/24, remains valid and must be used for all new filings. The increased scrutiny and focus on fraud detection are ongoing and apply to all pending and future applications.

Required Actions

Applicants and their U.S. citizen spouses should take the following steps:

• Use the latest edition of Form I-130, available on the USCIS website, and carefully follow all instructions.
• If applying for a B-1/B-2 visa while the I-130 is pending, be prepared to show strong ties to the home country and clear evidence that the visit is temporary.
• Avoid any misrepresentation or incomplete information on visa applications and during interviews.
• Decide early whether to pursue adjustment of status in the United States 🇺🇸 (if eligible) or complete the Green Card process through consular processing abroad.
• Stay updated on processing times and policy changes by checking the official USCIS website.

Detailed Explanation of the Changes

1. B-1/B-2 Visa Travel with a Pending I-130 Petition

A B-1/B-2 visa is a nonimmigrant visa for visitors coming to the United States 🇺🇸 for business (B-1) or tourism (B-2). Many spouses of U.S. citizens use this visa to visit their partner while waiting for their Green Card application to be processed. However, having a pending I-130 Petition signals to U.S. immigration officials that the visitor may have plans to immigrate permanently.

Key points to remember:

• Temporary Intent Required: To qualify for a B-1/B-2 visa, the applicant must show that the visit is temporary and that they plan to return to their home country after the visit. This means providing evidence such as a job, property, family, or other commitments outside the United States 🇺🇸.
• Disclosure Is Critical: Applicants must be honest about the pending I-130 Petition during their visa interview and at the port of entry. Failing to disclose this information or lying about their intentions can lead to visa denial or even a permanent ban from entering the United States 🇺🇸.
• Increased Scrutiny: With the new focus on fraud detection, consular officers and Customs and Border Protection (CBP) officers are more likely to question the true purpose of the visit. If they believe the visitor intends to stay in the United States 🇺🇸 and adjust status, they may deny entry.

2. Updates to Form I-130 and Fraud Warnings

Form I-130, Petition for Alien Relative, is the first step for a U.S. citizen to sponsor a spouse for a Green Card. The latest edition of this form, dated 04/01/24, includes stronger warnings about marriage fraud and the consequences of providing false information.

• Marriage Fraud Focus: The government is paying closer attention to signs of marriage fraud, such as inconsistent answers, lack of shared life evidence, or rushed marriages.
• Form Requirements: All sections of the form must be filled out completely and truthfully. Missing or incorrect information can delay processing or lead to denial.
• Supporting Documents: Applicants should provide as much evidence as possible to prove the marriage is real, such as joint bank statements, photos, and communication records.

3. Processing Times and Their Impact

The average processing time for an I-130 Petition for a spouse is currently about 10 to 14 months. This waiting period can be stressful for couples who want to spend time together in the United States 🇺🇸.

• Travel Planning: Because of the long wait, some spouses consider visiting the United States 🇺🇸 on a B-1/B-2 visa. However, as explained above, this comes with risks.
• Consular Processing: Many couples choose to wait abroad and complete the Green Card process through consular processing, which is often more straightforward but requires patience.

4. Risks of Traveling on a B-1/B-2 Visa with a Pending I-130

Traveling to the United States 🇺🇸 on a B-1/B-2 visa while an I-130 Petition is pending is possible, but it carries several risks:

• Visa Denial: Consular officers may deny the B-1/B-2 visa if they believe the applicant intends to immigrate.
• Entry Denial: Even with a valid visa, CBP officers at the airport can refuse entry if they suspect the visitor plans to stay permanently.
• Misrepresentation Consequences: Lying about the purpose of the visit or failing to disclose the pending I-130 can result in a finding of misrepresentation. This can lead to a permanent bar from entering the United States 🇺🇸 or problems with future Green Card applications.
• Impact on Green Card Process: Any issues during the visit, such as overstaying the visa or being found inadmissible, can complicate or even end the Green Card process.

5. Consular Processing as an Alternative

Consular processing means the spouse waits in their home country while the I-130 Petition is processed. Once approved, they attend an interview at a U.S. embassy or consulate and receive an immigrant visa to enter the United States 🇺🇸 as a permanent resident.

Benefits of consular processing:

• Clear Process: The steps are well-defined, and there is less risk of being accused of misusing a visitor visa.
• Avoids Overstay Issues: The spouse does not risk overstaying a B-1/B-2 visa or being accused of misrepresentation.
• Direct Path to Green Card: Once the immigrant visa is issued, the spouse can enter the United States 🇺🇸 and receive their Green Card.

6. Adjustment of Status in the United States 🇺🇸

Some spouses may consider entering the United States 🇺🇸 on a B-1/B-2 visa and then applying for adjustment of status to become a permanent resident. However, this is risky and not recommended unless the spouse did not have the intention to immigrate at the time of entry.

• Intent Matters: If the government believes the spouse entered the United States 🇺🇸 with the secret plan to stay and adjust status, this can be seen as visa fraud.
• 60-Day Rule: U.S. immigration officers may apply the “60-day rule,” which assumes that someone who applies for adjustment of status within 60 days of entering on a nonimmigrant visa may have misrepresented their intentions.

7. Practical Steps for Couples

To avoid problems and delays, couples should:

• Plan Ahead: Decide early whether to wait abroad for consular processing or try to visit the United States 🇺🇸 during the waiting period.
• Gather Evidence: Collect documents that show the marriage is real, such as photos, travel records, and joint financial accounts.
• Be Honest: Always tell the truth on visa applications and during interviews.
• Consult Experts: Consider speaking with an immigration lawyer or trusted advisor to understand the best options and avoid mistakes.

Implications for Pending Applications

For couples with pending I-130 Petitions, these changes mean:

• More Scrutiny: Expect closer review of all documents and answers, especially if the spouse tries to visit the United States 🇺🇸 on a B-1/B-2 visa.
• Longer Waits Possible: Any mistakes or missing information can cause delays.
• Risk of Denial: Misrepresentation or failure to follow the rules can lead to denial of the visa or Green Card.

Official Resources and Next Steps

Applicants should use only official government resources for forms and instructions. The latest Form I-130 can be found on the USCIS Form I-130 page. For the most current information on processing times, required documents, and updates, visit the USCIS website.

Step-by-Step Process for Couples

1. File Form I-130: The U.S. citizen spouse files the I-130 Petition for Alien Relative with USCIS, including all required evidence and fees.
2. Wait for Approval: Monitor the status of the petition online and respond quickly to any requests for more information.
3. Consider Travel Plans: If the spouse wants to visit the United States 🇺🇸 on a B-1/B-2 visa, prepare strong evidence of ties to the home country and be ready to explain the purpose of the visit.
4. Choose Processing Path: Once the I-130 is approved, decide whether to adjust status in the United States 🇺🇸 (if eligible) or complete consular processing abroad.
5. Prepare for Interview: Gather all required documents and prepare for the visa or adjustment interview, focusing on honesty and clear evidence of a real marriage.
6. Receive Green Card: After approval, the spouse receives their Green Card and can live and work in the United States 🇺🇸 as a permanent resident.

Key Reminders for Applicants

• Always use the latest forms and follow official instructions.
• Be honest and complete in all applications and interviews.
• Understand the risks of traveling on a B-1/B-2 visa with a pending I-130.
• Consult with experts if unsure about any part of the process.

Expert Advice and Analysis

Analysis from VisaVerge.com suggests that the U.S. government’s increased focus on fraud detection and the new form warnings are likely to remain in place for the foreseeable future. Couples should expect continued close review of their applications and be prepared to provide clear, honest evidence of their relationship and intentions.

Conclusion and Practical Guidance

The process for a spouse to travel to the United States 🇺🇸 on a B-1/B-2 visa while an I-130 Petition is pending is now more closely watched and carries more risks than before. Couples should carefully weigh the benefits and risks of visiting during the waiting period and make sure all applications are truthful and well-documented. Using official resources, staying informed about policy changes, and seeking expert help when needed will help avoid delays and increase the chances of a successful Green Card application.

For more information and the latest updates, visit the USCIS website. Always use official forms and instructions, and remember that honesty and careful planning are the best ways to achieve a smooth immigration process.

Learn Today

I-130 Petition → A form submitted by U.S. citizens to sponsor relatives for permanent residency (Green Card).
B-1/B-2 Visa → A nonimmigrant visa allowing temporary business (B-1) or tourism (B-2) visits to the U.S.
Adjustment of Status → Process allowing eligible individuals to become permanent residents without leaving the U.S.
Consular Processing → Applying for an immigrant visa at a U.S. embassy or consulate outside the United States.
Marriage Fraud → Illegal practice of entering sham marriages to obtain immigration benefits dishonestly.

This Article in a Nutshell

Since July 10, 2025, stricter USCIS rules affect spouses on B-1/B-2 visas with pending I-130 petitions, requiring honesty and strong evidence of temporary visits to avoid visa denial or fraud accusations.
— By VisaVerge.com