An unknown I-130 petition is now creating a serious problem for your B-1/B-2 visa plan. You recently discovered that your brother in the US filed an I-130 Petition for Alien Relative for you without informing you.
Impact of the I-130 Petition
You are retired and own property in India. You only want to visit your children in the US on a B-1/B-2 visa. Yet the pending I-130 creates a clear legal presumption that you intend to immigrate. You must counter this presumption to qualify for a B visa.
How the Petition Was Filed
Your brother submitted the I-130 in February 2024 without consulting you. You only learnt about it when you mentioned that you were searching for B-1/B-2 appointment slots. This discovery now affects your travel plans and your visa paperwork.
Disclosure on the DS-160
You must update your DS-160 form. The form asks if anyone has filed an immigration petition for you. If you fail to disclose the I-130, it will count as visa fraud and can lead to a US entry ban.
High Likelihood of Visa Denial
Experts state that your B-1/B-2 visa faces near certain refusal because the I-130 signals immigration intent. B visa applicants must show strong reasons to return to India, which becomes harder when an I-130 is already on file.
Importance of Honesty in the Interview
You must be direct and transparent during the visa interview. Explain that your brother filed the I-130 without your knowledge and share evidence of your strong ties to India. Without this clarity, your B-1/B-2 visa will almost certainly be denied.
