B-2 Visa while waiting on IR/CR

[strawberry2007 0]

Hello everyone! I'm a new member, delighted to be reading and learning so much about this (at times excruciating) process. My quick story: I met my hubbie while studying in Egypt a couple years ago. We were married in Egypt this past summer. I returned to the US and filed the I-130 and received NOA1 in October. I filed the I-129 for K-3 in Nov. and received NOA in Dec. and that's it so far. I've been mainly going at this on my own, (and from the budget of a graduate student), as well as some help from a local NGO who gave me some guidance on the forms. I recently decided to consult a lawyer, who presented the option of filing a B-2 visa for my husband to come for a visit at least, and that would perhaps get him here quicker than waiting on the IR/CR. Even though the B-2 is for tourism and not the intent to immigrant, the lawyer said if we were honest and upfront w/ the consular, and tell them we just want him to be able to visit, then it could work. Does anyone have any experience doing this or advice on this matter?

[Gaby&Talbert 1]

Hello everyone! I'm a new member, delighted to be reading and learning so much about this (at times excruciating) process. My quick story: I met my hubbie while studying in Egypt a couple years ago. We were married in Egypt this past summer. I returned to the US and filed the I-130 and received NOA1 in October. I filed the I-129 for K-3 in Nov. and received NOA in Dec. and that's it so far. I've been mainly going at this on my own, (and from the budget of a graduate student), as well as some help from a local NGO who gave me some guidance on the forms. I recently decided to consult a lawyer, who presented the option of filing a B-2 visa for my husband to come for a visit at least, and that would perhaps get him here quicker than waiting on the IR/CR. Even though the B-2 is for tourism and not the intent to immigrant, the lawyer said if we were honest and upfront w/ the consular, and tell them we just want him to be able to visit, then it could work. Does anyone have any experience doing this or advice on this matter?

Is your lawyer and immigration lawyer? It doesn't sound like it because if you are honest with what you want to do he will be denied. The intent for a tourist visa is just that, a tourist that will return home. If they have any reason not to return home like a pending immigrant visa they have every reason to deny. And if for any reason they did issue it he could still be denied entry when he arrived in the US.

It is a chance you could take in trying but it is a risk.

[YuAndDan 153]

Lawyer is correct, it is up to the Counselor officer to decide if there is immigrant intent, they could approve or deny, if they deny you will be out the $131 for the B-Visa.

This is one of the most posted FAQ:

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to spouses also)

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Note this one came up the other day: Posted on US Consulate sites in Canada.

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

http://www.amcits.com/immigration_usa_relative.asp

The US Citizen is always free to travel to foreign country to visit.

[GabiandVi 34]

Hello everyone! I'm a new member, delighted to be reading and learning so much about this (at times excruciating) process. My quick story: I met my hubbie while studying in Egypt a couple years ago. We were married in Egypt this past summer. I returned to the US and filed the I-130 and received NOA1 in October. I filed the I-129 for K-3 in Nov. and received NOA in Dec. and that's it so far. I've been mainly going at this on my own, (and from the budget of a graduate student), as well as some help from a local NGO who gave me some guidance on the forms. I recently decided to consult a lawyer, who presented the option of filing a B-2 visa for my husband to come for a visit at least, and that would perhaps get him here quicker than waiting on the IR/CR. Even though the B-2 is for tourism and not the intent to immigrant, the lawyer said if we were honest and upfront w/ the consular, and tell them we just want him to be able to visit, then it could work. Does anyone have any experience doing this or advice on this matter?

Your husband will have to be able to show strong ties to his country. The Consular Officer does not have discretion over that. However, he or she does have discretion about whether or not to grant the B-2 when an I-130 is pending. If your husband is honest, chances are the CO will recognize that he presents less a risk of immigrating illegally, since his legal immigration is already pending, than someone who does not have an I-130 pending. I was basically assured of this the first time my husband applied for a visa after we were married. However, at that time, we did not have an I-130 pending. He comes from a country with a small US embassy where there is only one CO, and I was able to speak to the CO over the phone before my husband applied. He told me to write a letter and for my husband explaining that we were planning to petition for his immigration in the future but that we weren't doing it yet, and that we would not jeopardize future legal immigration. I included in the letter that I wished my husband to meet my family in the US. My husband also brought his proof of strong ties.

However, in a country where they process large numbers of B-2 applications, as here in China where I live, the COs generally seem not to take any extenuating circumstances into account. They go by a checklist and deny or grant the visa accordingly. There is no guarantee and you are going to have to decide if it is worth the cost of the application to take your chances.

As for being denied entry at the POE with a B-2 in hand, that is also a possibility. However, so far, I have not read on here a story of anyone trying and being denied entry because they had an I-130. That doesn't mean it has never happened, only that since I've been on here, no one has posted a story about it happening. You could also address a letter to the officer at the POE. I did last time my husband traveled to the US alone. It probably made no difference because he had already entered once with me and left long before his visa expired, but I didn't want to take any chances, and he said the officer read the letter, smiled, gave him his passport back and said, "Congratulations on the baby. Enjoy your stay."

Good luck.

[strawberry2007 0]

Yes, it is an immigration lawyer (although she is fairly new at it). I agree that it may be a risk, and my husband isn't too keen on the idea either.

Thanks for sharing your experiences Gabi. A letter from me would be a good idea for him to have at the POE, so I'll remember that. And I can try to contact the embassy in Cairo if we do end up trying this.

Good luck to you all!!

PS. Your pics are adorable, Gabi.

[A&D=<3 0]

Recently, in February when I was in Cairo to see my Fiance' we applied for a tourist visa as well. They WILL not give the tourist visa if you have open petition. They told us this AFTER we payed the $130 fee. GOOD LUCK!! Welcome to VJ

Hello everyone! I'm a new member, delighted to be reading and learning so much about this (at times excruciating) process. My quick story: I met my hubbie while studying in Egypt a couple years ago. We were married in Egypt this past summer. I returned to the US and filed the I-130 and received NOA1 in October. I filed the I-129 for K-3 in Nov. and received NOA in Dec. and that's it so far. I've been mainly going at this on my own, (and from the budget of a graduate student), as well as some help from a local NGO who gave me some guidance on the forms. I recently decided to consult a lawyer, who presented the option of filing a B-2 visa for my husband to come for a visit at least, and that would perhaps get him here quicker than waiting on the IR/CR. Even though the B-2 is for tourism and not the intent to immigrant, the lawyer said if we were honest and upfront w/ the consular, and tell them we just want him to be able to visit, then it could work. Does anyone have any experience doing this or advice on this matter?