Published: May 30, 2025
Are you waiting for a visa to be with your spouse in the US? The processing timeline can differ depending on the specifics of your immigration case. For instance, delays in some immigrant visa applications happen due to noncompliance with instructions.
On other occasions, US sponsors fail to satisfy the required criteria for the Affidavit of Support. Further administrative processing is necessary in some applications even after the interview with a consular officer. All these factors can cause delays and prolong the waiting period.
Consequently, many foreign spouses consider securing a B-2 tourist visa while their immigrant petition is pending approval. Although it’s possible, traveling to the US with a pending spousal visa application can be challenging and often result in more intense questioning. Below, we’ll discuss how it works.
Different Intent Requirements for Your Visa Application
US visas fall into two general categories: immigrant and nonimmigrant visas. The intent behind your trip is a significant factor when applying for either type of US visa. Understanding the specific intent requirements for each visa category is essential to ensure eligibility and increases the chances of approval for your visa application.
Immigrant intent
Foreign nationals intending to reside permanently in the US must obtain an immigrant visa. For instance, a US citizen’s spouse can be eligible for the IR-1 (immediate relative) or CR-1 (conditional resident) immigrant visa.
A pending spouse visa application signifies your immigrant intent. It demonstrates your intention to establish lawful permanent residency instead of visiting the country temporarily. Once a CBP Officer reviews and approves your immigrant visa and its accompanying documents, you’re admitted to the US as a lawful permanent resident.
Nonimmigrant intent
Alternatively, those who plan to stay in the US for a specific purpose and a limited duration require a nonimmigrant visa. A B-2 visitor visa is one type of nonimmigrant visa that authorizes you to enter the US for a short period. The reason for travel can be either for medical treatment, recreation, or visiting relatives and friends.
The assumption that you’re planning to immigrate is a common barrier when seeking a B-2 tourist visa. It’s a common ground for having a nonimmigrant visa denied under Section 214(b) of the Immigration and Nationality Act (INA). Hence, demonstrating sufficient nonimmigrant intent is essential when applying for a tourist visa.
That means you must establish a clear plan to return to your home country after an intended activity. Supporting your tourist visa application with consistent documentation can help prove that you don’t intend to remain permanently in the US, even if you have a pending spouse visa petition.
Risks and Considerations for Spouse Visa Applicants Securing a B-2 Tourist Visa
You must always remain truthful about your reason for visiting the US. The following are some risks and considerations that applicants with a pending spouse visa application must keep in mind when seeking a US tourist visa:
Additional scrutiny and risks of denial
Being perceived as having an immigrant intent is a significant risk when applying for a US tourist visa with a pending immigration petition. A pending spouse visa application can indicate your intention to remain in the US for good. Although your visit is temporary, immigration officers may suspect your immigrant intent and plan to overstay your tourist visa.
As a result, US spouse visa applicants frequently encounter additional scrutiny when traveling to the country. Entry to the US remains uncertain even with a valid tourist visa. That’s because you must prove to the immigration officer that you’re not bypassing the green card process to reunite with your spouse sooner.
Failing to meet the qualification criteria can also result in visa denial. It typically occurs when the application doesn’t meet the qualifications for a particular visa category. Likewise, a visa must be denied if grounds for ineligibility exist based on other factors in the case, such as previous immigration violations or other security concerns.
Key factors immigration officers consider
A successful outcome depends on how well you craft your US tourist visa application. Your ability to show your intent to return home after visiting the country also matters in increasing your chances of approval.
Moreover, the following factors can influence whether the US immigration officer will approve your tourist visa or the Customs and Border Protection (CBP) officer will allow you to enter the country upon arrival:
- Have you previously visited the US without overstaying your visa or violating any immigration law?
- Do you have stable employment, business, or assets back home?
- Are you leaving behind immediate family, such as children or elderly parents?
- Do your supporting documents consistently substantiate your intention for a temporary visit?
The risk of visa denial is higher without solid proof of nonimmigrant intent from these indicators, particularly when you have a spouse visa application pending for approval. Acquiring legal guidance from a Los Angeles immigration lawyer, especially one well-versed in visa categories and intent, can make all the difference in the outcome of your petition.
Ensure a Well-Documented Visa Application With ALG Lawyers
Proving you don’t intend to immigrate is the primary challenge when traveling to the US with a pending spouse visa application. The role of a credible Los Angeles immigration lawyer is indispensable in demonstrating that you have no intention of overstaying.
Our team at ALG Lawyers understands the complexity of securing a nonimmigrant visa with a pending immigrant petition. We can help strengthen your case, from ensuring a well-documented visa application to minimizing the risks of visa denial. Arrange a personalized consultation for your immigration concerns today.
FAQs on Spouse Visa Applicants Securing a B-2 Tourist Visa
Will travelling on a B-2 tourist visa affect your pending spouse visa application?
Generally, traveling on a B-2 tourist visa won’t automatically affect your pending spouse visa application. However, misrepresenting your intentions or overstaying your tourist visa can create problems for your immigrant petition.
How can B-2 tourist visa applicants demonstrate sufficient nonimmigrant intent?
You must prove that you have compelling reasons to return home and don’t plan to overstay your US tourist visa. Below are some pieces of evidence you can provide to show sufficient nonimmigrant intent in your tourist visa application:
- Home ownership documents or lease agreements
- A travel plan specifying the activities and duration of your trip
- A written letter stating that you remain employed
- Bank statements confirming active accounts in your home country
- Birth or marriage certificates
Is there another way to visit the US while your spouse’s visa petition is pending?
A K-3 visa lets you come to the US while awaiting approval of your pending immigrant visa petition. Unlike tourist visas, a K-3 visa authorizes you to obtain employment authorization and travel abroad and re-enter the US multiple times within its validity period.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)