Can I apply for a B1/2 visa while a F4 petition is already approved?

[lifeberg]

Hi, I have a unique situation and couldn't find an answer yet. I am a Bangladeshi national. Presently residing in Canada as a permanent resident for over two years. I rent an apartment here and work at an IT company of which the head office is in Florida, USA. I have ties in Canada. My wife and son are still in Bangladesh and they are not accompanying me in Canada as they are not PR here and I did not apply for them yet as I married after my landing. I have an I-130 filed by my sister in 2007. I have received an email in October 2019 about approved I-130 by NVC and requested to start an immigrant application within a year according to my priority date became eligible in Bangladesh consulate. I want to apply for US immigration in accordance to approved I-130 after 6/7 months as I have other personal priorities at this moment. In this mean time I need to visit my head office in US for two days immediately in two months.

My intent is to finally apply for Green Card with my family to move to USA through Bangladesh consulate. But not at this moment as I am not prepared. My questions are:

1. Will my non-immigrant B1/2 visa approved in this situation? Or the immigration authorities will ask to start immigrant visa rather than approving a visit/business visa?

2. Will this B1/2 visa application have any effect on my I-130 petition that has already been approved? Thanks

 

[FlyingRon]

You will have to lie to get a B1/B2 VISA. It's quite possible that your lie will be detected and you will be denied admission and possibly barred from future attempts. Why don't you enter properly?

 

[lifeberg]

Thanks for your reply! I can not lie as I will have to declare my petition status during the B1/2 application for the direct question about it. Even if I start my IV application now, there is no way it will be done in two months.

So, as the immigration authorities suggests not to change any status before getting any visa, why would I risk my present job? But my present job requires admission to USA and my employer is happy to assist with that. But this is not intended to permanently live there at this moment. My plan is to apply in next July and start moving there for permanent residence. My concern is, if I apply for B1/B2, they will know that my petition has been approved already. Will the VO ask about it? Or it is a separate process/requirement? Thanks again.