I googled this and saw a lot of answers for the inverse of the question: Can you get married in the U.S. while visiting on a B-2 Visa? But my question is the opposite: Can you get a B-2 Visa if you have already married in the U.S.?

My wife and I were married while she was in the U.S. and she had entered the country on an ESTA. Long story short, she left the country before we filed the paperwork to adjust her status. I have petitioned for her and my son, but now I'd like them to be able to re-enter the U.S. just to visit while we wait for the Visa to be processed. If I complete the online application Online Nonimmigrant Visa Application (DS-160) for a B-2 Visa, is it even possible for the application to be approved, given that we have a K3 Visa application pending and we're already married in the U.S.?

  • 2
    It's probably not a good idea, but not necessarily because you are married; it's more because of the pending immigration petition. I am pretty sure there's no law against it. There's no law against her visiting under the VWP (that is, with ESTA), either. (Why do you think she'd need a visa?) The problem is that she could be refused entry because of immigrant intent. As to your son, are you certain that he is not a US citizen? – phoog Sep 23 '19 at 2:37

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.