1

My wife and I are in the US. She has a B-2 visa and we plan to change her status to O-3. USCIS is supposed to send a new I-94 form after approving a change of status.

After changing the status to O-3, if my wife leaves the US and enters again with the B-2 visa and the new I-94 form, will she get a O-3 status? Or must she apply for a new O-3 visa in a US embassy before entering the US again?

Surprisingly, the answer I get from different sources (USCIS and attorneys) are completely different. The attorney says my wife has to apply for a new O-3 visa, but several USCIS representatives (via USCIS website chat) told me that she would get an O-3 status with the B-2 visa + I-94.

ChronoTrigger
  • 175
  • 4

1 Answers1

2

Your wife cannot enter the US in O-3 status with a B-2 visa, except under automatic revalidation, which she can use only if she is returning from a trip of no more than 30 days' duration in which she has not gone anywhere other than Canada and/or Mexico.

Therefore, if she leaves the US under any other circumstances, she will need to get an O-3 visa at a US consulate before she can return.

phoog
  • 21,594
  • 2
  • 19
  • 61
  • Thanks @phoog. I updated my question. Any idea why the USCIS answer is different? – ChronoTrigger May 16 '18 at 03:13
  • @ChronoTrigger did you give USCIS reason to think that she'd only be in Mexico and or Canada for 30 days or less before returning to the US? – phoog May 16 '18 at 03:28
  • No, I specified Spain. – ChronoTrigger May 16 '18 at 05:03
  • 1
    @ChronoTrigger USCIS doesn't admit people to the US. Maybe they gave that answer out of confusion. Try asking CBP what they think. I suppose their answer will agree with the lawyers. – phoog May 16 '18 at 12:53