Spouse entering US with a previous, but valid O3 visa, while application is pending, but my O1 petition is approved.
Hey guys, quick question for you. A big job came up and I could not refuse it, so I am flying back to Italy with my wife on June 3rd. My petition for O1 renewal was approved back in March and I have a i94 receipt attached to the notice (valid till Sept 2024) and my old visa is valid till August 25th, so I am gonna be able to reenter the US before my old visa expires. I already know I won't be able to get a stamp, so that's why I am gonna use my old visa. My wife O3 petition is still pending, but she also has a valid visa till August 25h. Question: can she reenter with her old visa even if her application is pending? My lawyer told me that she didn't even need the petition approved if she goes to get her stamp at the consulate in Italy. Unfortunately we won't be able to get an appointment, but I just wanna make sure she will be fine reentering with her old visa and a pending petition (which hopefully will be approved by August, not sure it’s taking 2.5 months), but with my petition approved. Thanks so much!
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source https://www.reddit.com/r/immigration/comments/nhgk67/spouse_entering_us_with_a_previous_but_valid_o3/