Published: June 26, 2025
Can you apply for a tourist visa with a pending spouse visa petition? Many wonder about the possibility of visiting family in the US while awaiting an immigrant visa. A B1/B2 visa is one type of nonimmigrant visa that allows you to travel to the US for the purpose of doing business or for pleasurable activities.
Meanwhile, spousal visas authorize you to reside permanently in the US with your spouse, who is either a lawful permanent resident or a US citizen. Filing a spouse petition begins the immigrant visa process. It’s a pathway to acquiring a green card either through consular processing or an adjustment of status.
Since each type of visa varies in terms of requirements and purposes, applicants may face greater scrutiny if they apply for a tourist visa while a spouse petition is in process. In this post, learn how having a spouse petition affects your ability to travel to the US on a B1/B2 visitor visa.
Understanding Intent in Your US Visa Applications
The intention of your visit determines the duration of your stay in the US. It can also dictate the type of US you qualify for to enter and remain in the country, and the specific proof you need to provide in your application.
US visa categories come into two classifications: immigrant and nonimmigrant. Understanding the intent requirements for securing each visa is crucial to ensure eligibility and improve your approval odds.
Nonimmigrant intent
Individuals visiting the US for temporary purposes, such as business, tourism, medical treatment, or education, require a nonimmigrant visa, typically a B1/B2 visa.
Applicants must prove a clear intention of returning to their home country once the authorized duration of stay ends. Establishing nonimmigrant intent is crucial for complying with visa terms and preventing abuse, such as unlawful presence or unauthorized employment.
Immigrant intent
Meanwhile, those seeking permanent residency typically demonstrate an intention to immigrate. It involves staying permanently in the US and making long-term plans, such as engaging in employment and building community ties. Having a spouse petition under review indicates immigrant intent, affecting one’s eligibility to qualify for a nonimmigrant visa.
Potential Impact of a Pending Spouse Visa Petition on Your B1/B2 Visa Application
Obtaining a nonimmigrant visa with a pending immigrant petition can be a complex process. Without strong evidence that you don’t intend to immigrate, the chances of getting your tourist visa application are higher. Here’s what you can anticipate when applying for a B1/B2 visa application while awaiting approval on a spouse visa petition:
Creates a presumption of immigrant intent
Immigration officers presume that tourist visa applicants intend to stay permanently in the US. Because of this presumption, every applicant carries the burden of proof, meaning you must demonstrate nonimmigrant intent and present evidence to ensure your return after temporarily visiting the US.
Encounters additional scrutiny
Since a pending spouse visa petition indicates immigrant intent, your B1/B2 visa application will encounter additional scrutiny. Immigration officers will require further evidence that your visit to the US is temporary and you have no plans of overstaying or adjusting your status once you’re in the country.
Increases the risk of visa denial
The likelihood of visa denial is higher in B1/B2 applicants with a spouse visa petition under review because of its underlying immigrant intent. Unless you can provide sufficient proof of nonimmigrant intent, there’s a significant risk of denial on your tourist visa application. Even with a valid B1/B2 visa, Customs and Border Protection (CBP) officers can deny your admission or revoke your visa if a pending immigrant petition raises concerns about your intent.
Prove Sufficient Nonimmigrant Intent With a Los Angeles Immigration Lawyer
Proving you intend to return home is at the heart of many nonimmigrant visa applications. A credible Los Angeles immigration lawyer can assist you in showing sufficient nonimmigrant intent and preventing a US visa denial.
Our team at ALG Lawyers can help you strategize, from preparing the required paperwork to presenting solid evidence and passing the immigration interview. Request a personalized consultation with our law firm today.
FAQs on How a Pending Spouse Visa Petition Affects Your B1/B2 Visa Application
Are you legally allowed to hold a B1/B2 visa with dual intent?
You can enter and remain in the US temporarily while immigrating to the country with a dual intent visa. However, since the B1/B2 visa requires demonstrating nonimmigrant intent or returning home afterward, it doesn’t legally permit dual intent.
What documents can help demonstrate your intent to return?
Demonstrating that you have the intention of returning home is required when applying for a nonimmigrant visa, like B1/B2 visas. You can substantiate your claim of nonimmigrant intent with the following documents:
- Proof of property ownership in your home country, such as deeds and mortgage documents.
- Hotel reservations, round-trip flight itineraries, and travel plans specifying the purpose of your visit.
- An official letter from your current employer confirming your position, start date, salary, and approved vacation leave.
- Evidence of stable work, such as employment contracts, recent pay stubs, and professional licenses.
- Documentation of volunteer work, church membership, school affiliations, or political involvement.
- Proof of close family relationships, such as birth and marriage certificates, or affidavits verifying family arrangements.
- Documents of financial support or caregiving responsibilities for dependent family members.
- Evidence of business ties, such as revenue statements and articles of incorporation.
Is it necessary to disclose a pending spouse petition when applying for a B1/B2/ visa?
Being untruthful about your pending spouse petition can do more harm than good. Failure to disclose it may constitute misrepresentation. It can increase the risk of visa denial for your application and negatively impact your chances of immigrating in the future. Therefore, ensure that you are upfront about having a pending immigrant petition and demonstrate that your visit is only temporary.
(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.)