What Does It Entail to Visit a Spouse in the US While Waiting for a Green Card?

When you apply for a green card to live permanently in the United States, the waiting period can be lengthy. During this time, you might wish to visit your spouse who is already residing in the US. This process involves obtaining a [non-immigrant visa](/immigration-resources/nonimmigrant-visa-guide), such as a [B-2 visitor visa](/immigration-resources/b1-b2-visa-interview-guide), which allows you to stay in the country for a temporary period.

It's important to note that the intention of your visit should be just that - a visit. You must maintain [legal status](https://studyinthestates.dhs.gov/students/maintaining-status^) throughout your stay, meaning you should adhere to the terms of your visa and not [overstay the duration](/immigration-resources/covid-19-immigration-impacts) granted. If you violate these terms, it could negatively impact your ongoing green card application.

The approval of your non-immigrant visa application depends on various factors. The [US immigration authorities](https://www.uscis.gov/^) will examine your personal circumstances, including your [ties to your home country](/immigration-resources/marriage-based-immigration-guide) and your purpose for visiting the US. 

Financial stability plays a significant role in the approval process. You must demonstrate that you have sufficient funds to support yourself during your stay in the US without resorting to [unauthorized employment](https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6^). 

Your [immigration history](https://history.state.gov/milestones/1921-1936/immigration-act^) also matters. If you've previously overstayed a visa or have had a visa application denied, it could affect the outcome of your current application. It's crucial to be honest and upfront about your history to avoid further complications.

Preparing your visa application involves several steps. First, you'll need to gather the necessary documents. These typically include your passport, proof of your relationship with your spouse in the US, evidence of financial stability, and any other documents that support your intent to return to your home country after your visit.

Next, you'll need to fill out the [visa application form](/immigration-resources/fill-out-ds-160-form-guide) accurately. Any errors or omissions could lead to delays or denial of your application. Be sure to answer all questions truthfully and to the best of your knowledge.

Once your application form is complete, you'll need to schedule a visa interview at the [US embassy or consulate](https://www.usembassy.gov/^) in your home country. This interview is a crucial part of the process, as it gives you a chance to further demonstrate your intent to return home after your visit. Prepare for this interview by reviewing your application and practicing answers to common interview questions.

What is the 90-Day Rule in the Context of Visa Applications?

The 90-day rule is a guideline used by U.S. immigration officers to determine whether a person has [misrepresented their intentions](https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2^) when applying for a non-immigrant visa. Essentially, if you engage in activities inconsistent with your non-immigrant status (such as marrying a U.S. citizen or applying for a green card) within 90 days of entering the U.S., it could be presumed that you misrepresented your intentions when you applied for your visa.

This rule is not a law, but it is an important consideration when planning your visit. If you're visiting your spouse in the U.S. while waiting for a green card, it's crucial to understand the potential implications of the 90-day rule on your ongoing application. If you violate this rule, it could lead to serious consequences, including [visa denial](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html^) or even [removal proceedings](/immigration-resources/nunc-pro-tunc-request-guide).

What Costs are Associated with the Visa Application Process?

Applying for a non-immigrant visa to visit your spouse in the U.S. involves certain costs. The primary expense is the [visa application fee](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html^), which is non-refundable, regardless of whether your visa is approved or denied. As of the time of writing, the fee for a B-2 visitor visa is $160.

In addition to the application fee, you may also need to pay for visa issuance, if your visa is approved. The issuance fee varies by country and is based on "[reciprocity](https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html^)" (what another country charges a U.S. citizen for a similar type of visa).

Other potential costs include travel expenses for the visa interview, fees for obtaining necessary documents, and, if applicable, legal fees for immigration advice or assistance. It's important to consider all these costs when planning your visit to ensure you have the necessary funds.

What are Some Frequently Asked Questions About Visiting a Spouse in the US While Waiting for a Green Card?

Can I Work While Waiting for My Green Card?

As a visitor on a B-2 visa, you're not permitted to engage in employment in the U.S. If you wish to work while waiting for your green card, you would need to apply for a [work visa](https://www.uscis.gov/working-in-the-united-states^) or obtain an [Employment Authorization Document (EAD)](/immigration-resources/employment-authorization-application-guide) if you're eligible.

What Happens If My Visa Application Gets Denied?

If your visa application is denied, the U.S. embassy or consulate will provide a reason for the denial. Depending on the reason, you may be able to apply again. However, you should address the reason for the denial in your new application.

How Long Does the Visa Application Process Take?

The processing time for a B-2 visa application varies by location and can range from a few weeks to several months. It's advisable to apply well in advance of your planned visit.

This guide helps you understand how to visit your spouse in the U.S. during your green card application process. It covers visa approval factors, the 90-day rule, application preparation, and associated costs.

Visiting Your Spouse in the U.S. During the Green Card Application Process

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The duration depends on several factors, including the capacity of the United States Embassy or Consulate in your country.

The fee required by the United States government is paid whether the visa is accepted or not, and it is non-refundable. Our advice aims to increase the likelihood of your visa being approved.

If there is not enough time for you to be granted a visa, or if you prefer not to apply for one, it is preferable that your company changes the route and chooses one that does not go through the United States.

The possibility of obtaining a visa more quickly depends on: 1. The need to travel due to the death of an immediate relative or serious illness, 2. You or a minor child requiring urgent medical treatment, 3. Attending an urgent business meeting, 4. Making an unexpected visit for various reasons. To learn about other cases in which you may be able to travel more quickly, start the visa application process, or request more information, do not hesitate to contact us.

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