Visitor visa while K-3 pending?

[kaleigh 0]

Our I-130 has recently been sent off, so the waiting has begun. My husband is considering applying for a B-2 visitor visa to shorten the time we are apart.

What are the chances of him receiving and entering on a B-2 with a pending K-3? Can two different visas be processed/pending at the same time?

He would have evidence of strong ties to the UK, sufficient funds, a return ticket, and evidence of the pending K-3 to demonstrate that we are proceeding legally to present at the interview for the visitor visa and the POE.

Any and all thoughts/experiences are appreciated.

[gwenneh 7]

If he has strong, provable ties to the UK then why wouldn't he use the VWP?

[kaleigh 0]

Hi, Gwen. Because he was denied entry once and can no longer enter on the VWP.

[tom&tata 2]

I saw that most of the times, the B-2 visa application is denied due to immigrant intent.

But I actually read one member of VJ posted experience of the foreign spouse getting a B-2 visa while I-130 was pending (sorry, too lazy to look up )

I do not know the fact that you come from VWP country might have any impact on the B-2 application.

Good luck

[shirlJ831 0]

I was told by immigration that you cannot visit while the K3 is being processed.

[zyggy 9]

You can't win if you don't play...

You could certainly try to obtain a Visitor visa from the Consulate. But realize than once an I-130 has been filed, the bar for proving that one has the intention to return to the UK becomes much higher.. especially if they have been denied on the WVP already.

Gather all the evidence you can and go ahead and attempt to get the visa. Just don't be surprised or upset if he is denied...

[Laura_and_IanM 0]

If someone is from a country that is on the VWP, then you may enter the US whilst the K-3 is being processed. But seeing as to how your SO has been denied entry before and thus losing his ability to use the VWP, I would think that him applying for a b-2 visa would be a waste of money. I am sure that somewhere he would have to state that he is applying for a k-3 visa which would more than likely send off some alarm bells. What was he denied entry for do you know off hand? That may be something that can be looked into and fixed.

Laura Mitchell

[Reba 2]

I was told by immigration that you cannot visit while the K3 is being processed.

whoever told you that was wrong. You CAN visit the US and lots of people do all the time, its just as zyggy said, harder to prove to the border official that you do not have any immigrant intent at that time. I visited lots during processing and even stayed for 5 1/2 months while we waited.

[miker32us 6]

It appears from your timeline that was almost 5 years ago, things have changed at the border since then!!!!

I was told by immigration that you cannot visit while the K3 is being processed.

whoever told you that was wrong. You CAN visit the US and lots of people do all the time, its just as zyggy said, harder to prove to the border official that you do not have any immigrant intent at that time. I visited lots during processing and even stayed for 5 1/2 months while we waited.

[shirlJ831 0]

more than one person told me this and when I called the border crossing (several) they all said the same thing NO !! so I sat back and waited.

[Isabel 0]

Hi there,

to be honest, I wouldnt try entering the US anymore. Since he was denied in the past...(this is listed in their records). I visited my husband also but we made it different. He sent off the petition for the I-130 on the day I arrived at the POE, so they dont have a record of it. We were also told by our embassy we would not be allowed to visit as soon as the petition is pending. So honestly I would rather wait than taking the risk. I was also considering visiting him again, but no way Im trying it again. i think it is much more than luck to get through once. And they already gave me a taff time when i tried to enter before we even sent off the petition.

Good luck

I.

[Yodrak 7]

kaleigh,

When and why?

Yodrak

Hi, Gwen. Because he was denied entry once and can no longer enter on the VWP.

[kaleigh 0]

When and why?

Nearly a year ago, before we were married. He had entered the US twice before on the VWP without incident. However, this particular time he was coming to visit me for a few weeks (longer than the previous visits). He had a return ticket, but was between jobs at the time so they believed his ties to the UK were not strong enough.

This whole US immigration process is so frustrating. How can they keep spouses apart if it can be clearly shown that the proper process is being followed to immigrate legally?

I have nothing but great things to say about the British Consulate. They turned my visit for marriage visa around in one day, and said that with all the appropriate documents they could do the same for a spousal visa. It would be so easy to live in the UK, but I have children rooted in the US from my first marriage and I don't want to be be apart from them for any significant period of time. Consequently, the ideal situation is for my husband to come here, but I don't want to be apart from him for any significant period of time, either.

Just trying to explore all our options before making a final decision on the best way to proceed. But it appears the only thing anyone knows for certain is that nothing is for certain.

[Yodrak 7]

kaleigh,

I agree with zyggy, one can't get a visa if they don't apply. Don't know how the application might be received, with the VWP entry refused so recently and under these circumstances the odds might not be in his favor. But his current circumstances other than the pending petition might make the difference one way or the other.

Yodrak

When and why?

Nearly a year ago, before we were married. He had entered the US twice before on the VWP without incident. However, this particular time he was coming to visit me for a few weeks (longer than the previous visits). He had a return ticket, but was between jobs at the time so they believed his ties to the UK were not strong enough.

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