QUESTION

Can one apply for B1 while the I-130 is pending approval?

Asked on Jan 28th, 2014 on Immigration - California
More details to this question:
My pregnant US Citizen wife filed an I-130 for me in May 2013. Our lawyer in Kansas suggested that there is no need for K3 as I will get CR1 in next 6 to 10 months. Here I am, Feb 2014 now, approval still pending, not left with any option. Is there a possibility that I can apply for a B1/B2 visa now? So that I can be with my child even if it’s for 2-3 weeks. As far as intent of overstaying goes I already have an I-130 pending so there's no point that I would be willing to overstay.
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1 ANSWER

Bruce A. Coane
You can certainly apply, but it is often denied in this scenario. However, there's also a chance it could get approved.
Answered on Jan 30th, 2014 at 2:54 PM

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