visitor/tourist visa or student visa till k3/cr-1 gets approved

[sami81 0]

Hello,

I apologize if this is a question that has been asked before, but is it possible to get my wife to the US using a visitor/student visa or any other way till she gets approved for k3/cr-1? will it be a problem that I have a US citizenship?

I have received my NOA1 for I-130 and I-129f on 1/31/2008 and 2/6/2008 respectively so I know its going to be a loooooooong wait, a small visit like this would make it a lot easier.

Thank you for your time

[siyaram 0]

From what I have read and heard, it would be very hard for her to get a tourist visa as your petition will be already filed. They may think that she is coming to the US to rather stay with her husband and may not return back. But its surely worth a try with a good reason..

Others can provide their valuable expert advice

[sami81 0]

Thanks a lot. Has anyone tried this before? Would a student visa be granted if she applies for a credited school in the US or would having a husband in the states stop that from happening?

Thank you very much

[Panki 0]

Thanks a lot. Has anyone tried this before? Would a student visa be granted if she applies for a credited school in the US or would having a husband in the states stop that from happening?

Thank you very much

I tried that for my wife and it did not work. They said that she already had an application pending and straightly told her that you (people in general) probably would not come back becuase you rather be and live with your spouse in USA.

Now if your spuse has for example has a a well paying job/position, property in her name, business, lease on house, car....things that would show US Embassy that he/she would defintely be back, they may grant a tourist visa. Also, if he/she is well travelled and been to US helps but overall, if above does not apply to your case.....Save your agravation and ~ $100 bucks and do not even apply. I took a chance knowing slim chances and failed....

Regards - Bye

[Elbereth 0]

I think getting your spouse in with a different visa has only worked if the spouse ALREADY HAS a valid visa

Applying for a new visa is worthless considering that to get these visas you need to show intentions to return, and since you are already applying for an imigrant visa, it's clear that you don't want to return

[siyaram 0]

I have a different situation. My wife has a multiple entry B-2 visa and she has been to the U.S. before.

1. Can she use her existing B-2 visa to travel to the U.S. (with confirmed return ticket) after I file I-130 petition for her?

2. We are also thinking about a possibility that my wife would come to the U.S. now and I would then file the I-130. Can this pose an issue to my I-130 petition and is that legal?

Thanks.

[sami81 0]

Thanks you very much siyaram, elbereth, and panki. I kind of doubted that a visitor visa would work but thought that student visa can be a very valid claim. It's a shame that citizens got no option but immigration to bring their spouses here while its a lot easier for a worker visa for example to get their wives fast.

[sami81 0]

Thanks a lot. Has anyone tried this before? Would a student visa be granted if she applies for a credited school in the US or would having a husband in the states stop that from happening?

Thank you very much

I tried that for my wife and it did not work. They said that she already had an application pending and straightly told her that you (people in general) probably would not come back becuase you rather be and live with your spouse in USA.

Now if your spuse has for example has a a well paying job/position, property in her name, business, lease on house, car....things that would show US Embassy that he/she would defintely be back, they may grant a tourist visa. Also, if he/she is well travelled and been to US helps but overall, if above does not apply to your case.....Save your agravation and ~ $100 bucks and do not even apply. I took a chance knowing slim chances and failed....

Regards - Bye

I forgot to ask you, was this a visitor or student visa you applied for?

Thank you very much

[sadude 0]

I have a different situation. My wife has a multiple entry B-2 visa and she has been to the U.S. before.

1. Can she use her existing B-2 visa to travel to the U.S. (with confirmed return ticket) after I file I-130 petition for her?

2. We are also thinking about a possibility that my wife would come to the U.S. now and I would then file the I-130. Can this pose an issue to my I-130 petition and is that legal?

Thanks.

Siyaram did you ever recieve an answer to your question above? This is basically my situation...my wife to be already has her US visitor visa and I want to bring her with me while I file for her I-130.

Is this allowed? Obviously she will go back once her visa indicates she needs to go back.

[cris11 0]

I’m don’t know anything about the rules from Sudan about Visitors Visa to USA, but I had travel in to US three times on a Visa Waiver, 90 days tourist visa when my case still pending at Vermont. My last travel to US was in dec 2008, they gave me a B2 visa on 6 months and already three weeks after the entry to US my visa been approved. I am Nov back to Europe and shall shortly do my interview.

Good luck!

[NahMore 0]

I have a different situation. My wife has a multiple entry B-2 visa and she has been to the U.S. before.

1. Can she use her existing B-2 visa to travel to the U.S. (with confirmed return ticket) after I file I-130 petition for her?

2. We are also thinking about a possibility that my wife would come to the U.S. now and I would then file the I-130. Can this pose an issue to my I-130 petition and is that legal?

Thanks.

This is my exact situation. I have not yet married my Jamaican wife-to-be, she does however have a muliple entry, 6 month max visitors visa and has been here once to visit me already. Our biggest concern is obviously time, she wants to study at a specific accredited university come Fall 09.

The question is which route should I take?

1) She comes as a visitor with a return ticket. Once she's here, we marry and file the I-130. If we did this, would she legally be able to stay in the US during the processing time since this would most likely go way beyond sept 09?

2) She comes on a student visa, while she's here we marry, and then file the I-130. If we did this, would it be legal to change her status?

3) File the K-3 visa before she even comes. Once approved, have her enter the US then marry and file for I-130. Will this speed up the process of getting her here?

Thank you very much for your help...gotta love how internet allows us help each other.

[RickD 0]

Let me put my two cents worth in here. My wife has a valid five year visitors visa, but she does not own property herself and has nothing but her job to anchor her to Colombia. We did not even try to have her come here (I'm visiting Bogota for Easter) because we did not want to take the chance that she would be turned back by an immigration officer at the point of entry and waste the cost of a round trip ticket. From what I can determine, if the immigration officers have ANY reason to believe that someone who is entering on a non-immigrant tourist visa will not go home, they will turn the person away. To come here on any type of non-immigrant visa with the PRIOR intention to marry or adjust status and stay would most likely be considered visa fraud - with its own set of problems when your spouse tries to get legal. Ivonne and I were blessed to have our paperwork go through the California Service Center and our case is pretty straight forward, so we should be through the NVC (for our CR1) in the next couple of weeks. Our K3 paperwork may already be at the Embassy.

I really feel for those who are stuck at VSC or who have "issues". If you do decide to have your spouse try to come in on a non-immigrant visa while you are waiting, just be aware of the risk. I've read about enough problem cases, both here and on other internet sites, that for Ivonne and me it was not worth the risks. Best wishes and I hope this helps.

RickD

K-3 Visa

Event Date

Service Center : California Service Center

Consulate : Bogota, Colombia

Marriage : 2008-12-18

I-130 Sent : 2009-01-06

I-130 NOA1 : 2009-01-12

I-129F Sent : 2009-01-17

I-129F NOA1 : 2009-01-21

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2009-02-27

NVC Received : 2009-03-10

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Visa Received :

US Entry :

I-130 Approval : 2009-02-27

Comments : 01/26/2009 Touched

Processing

Estimates/Stats : Your I-129f was approved in 37 days from your NOA1 date.

Your I-130 was approved in 46 days from your NOA1 date.