Apply for tourist visa will pending CR-1 visa?

[ikaruga 1]

We have a pending CR-1 visa application. Is it possible to apply for a tourist visa while we wait? A lawyer tells me "no" that it might affect the case....

Another related question is --- what about special circumstances like a health condition? Would it be possible to apply for a tourist (or perhaps another type) visa while we have a pending CR-1 visa if my wife needs to have surgery in the US?

[Bobby+Umit 161]

Two visa applications at the same time? Doubtful they would allow the tourist one. Best to go with your lawyers advice and save the money.

It would not hurt your chances to try though, unless they find something wrong that could be used against you (like misrepresentation or something similar)

For health reasons, you can apply for one - but again, it may get denied (since you have the CR-1 in process) - same process for a regular B-2 for "visiting".

If it is a pressing emergency - I would attempt to try.

[ceibe 0]

We have a pending CR-1 visa application. Is it possible to apply for a tourist visa while we wait? A lawyer tells me "no" that it might affect the case....

Another related question is --- what about special circumstances like a health condition? Would it be possible to apply for a tourist (or perhaps another type) visa while we have a pending CR-1 visa if my wife needs to have surgery in the US?

I don't think you can apply for a tourist visa, this is a non-immigrant visa and as far as I understand you and your wife are pursuing a immigrant visa. Is your wife sick and you need a special visa?

Edited September 23, 2009 by ceibe

[Arun+Catie 1]

you can apply but it's very unlikely they will approve it. There are number of people who got approved. It's all up to you but no one would advise you to do that.

[CndBcn 0]

you can apply but it's very unlikely they will approve it. There are number of people who got approved. It's all up to you but no one would advise you to do that.

I pulled the following from the Montreal US consulate website as a reference: http://www.consular.canada.usembassy.gov/i...sa_relative.asp - at the bottom.

>>>

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.

If you need to contact NVC about immigrant visa processing please phone (603) 334-0700.

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Not sure if it would be a good idea (or even approved) - you may be able to use a medical excuse but only if it was an emergency or something similar.

Good luck

Edited September 23, 2009 by CndBcn

[TracyHamza 1]

We have a pending CR-1 visa application. Is it possible to apply for a tourist visa while we wait? A lawyer tells me "no" that it might affect the case....

Another related question is --- what about special circumstances like a health condition? Would it be possible to apply for a tourist (or perhaps another type) visa while we have a pending CR-1 visa if my wife needs to have surgery in the US?

my husband and i had this same situation earlier this year before we were even approved for the I-130..the consulate told him they couldn't approve because he was still considered an intending immigrant...you could try to expedite your I-130 but it has to be an emergent situation..the only option we ended up having was for me to bring my laptop with me to surgery and my mother keeping my husband company online while they waited for my operation to be finished

[Chica Yeyé 41]

You can apply; but the chances of it being approved are less than what? 2%?