Apply Tourist Visa for my wife while waiting for CR1?

[Yusuf A. 0]

Hello all,

I recently got married in Casablanca, Morocco and spent short time with my wife. I am back in the states and now, I am missing her considerably. I started the CR1 process and I am awaiting from my a signed G325A and passport pictures, before I can submit the I-130 application.

Does it make sense to apply tourist visa while we wait for her CR1 spouse Visa? Is there anybody here who has done similar thing.

Thank you in advance! and God bless you all,

Yusuf

[bankermai 1]

U r not Eligible to apply for a tourist visa when ur immigration proceedure is pending , so its bettr to hang in with ur CR1 visa and wait for that , Best of luck

[Trish30 0]

U r not Eligible to apply for a tourist visa when ur immigration proceedure is pending , so its bettr to hang in with ur CR1 visa and wait for that , Best of luck

From my personal experience NO, my hubby is in the US and I applied for visitors visa and the lady who interviewed me asked me whom are you going to visit,

I replied my hubby, immediately she scribbled something and gave me a pink slip and said sorry you dont qualify for Visitors visa and its meant for people

who plan on comming back, and since you hubby is in the US you have no reason to come back.

[sachinky 465]

She IS eligible to apply for a tourist visa. She will need demonstrate overwhelming ties to the homeland that will compel her to return to her country. The CO will need to be convinced of this. The presumption is that since her husband is in the States, she will stay there with him. Therefore, that presumption must be overcome through an employment letter that states the date that she will be back, a return ticket, rent/utilities bill showing that she is going to continue to live there and that she hasn't given up her apartment, other commitments such as children or pets, property etc.

Even if the visa is granted -- she may still be denied entry at POE. It is up to you to determine whether you want to give this a shot or not. It's not fool-proof.

[Yusuf A. 0]

Thank you all. This is what I suspecting but it is nice to hear good confirmation. We will just wait it out. This too shall pass. Peace!

[Chris_Жанна 11]

U r not Eligible to apply for a tourist visa when ur immigration proceedure is pending , so its bettr to hang in with ur CR1 visa and wait for that , Best of luck

Not true. Anyone can go to interview for a tourist visa that is not from a VWP country. The Embassy charges $131.00 for an interview and gets paid whether you get a visa or not. Will they most likely deny you the B-2 visa? Most likely, yes. Is there a chance you could get a tourist visa, yes if you can convince a C/O who's job it is to think you are trying to immigrate illegally from the beginning mind. Do you have the money to spend on the interview is the question. There is an area on the B-2 visa application (Form DS-156) that asks if you have had anyone petition a visa for you. When the C/O reads this they will see that you have "Dual intent". You are asking to come as a visitor but you are planning to immigrate, and even though you are taking legal procedures to come legally to the US the C/O will have to believe that there is still a chance that you will try to circumvent immigration laws some how. You would have to prove very strong ties to your country and also be able to show that you are leaving many assets behind in your country,children, job or that you are in school. Even with all this evidence you still may be denied a tourist visa. But then again you may receive one too. It is a ####### shoot at best. Not to mention you will have to speak with a CBP officer upon entry to the US and they have the authority to deny your visa and send you on the next flight home at your expense if they see fit.

I'm not trying to encourage or discourage you from making any decision. Good luck

[bankermai 1]

a reference from an immigrations attorney's site

Q. I am a permanent resident and am filing for my citizenship. I recently filed a Form I-130 for my husband. Should he apply for a visitor visa to visit me during the waiting period? I don't think it's a good idea because I do not want it to mess up his I-130 petition. Can applying for a visitor visa while an I-130 petition is pending cause problems?

A.

Traveling to the United States using a visitor visa while a Form I-130, Petition for Alien Relative, is pending may cause your husband problems. Assuming that he is issued a visitor's visa at the American Consulate abroad after full disclosure that you are his wife, a permanent resident, and you have filed a permanent visa petition for him, he still must prove his intent behind entering the United States with the visitor visa.

A visitor visa is a nonimmigrant visa. Foreign nationals who enter using a nonimmigrant visitor visa must have no intention of abandoning their foreign residence and intend to visit temporarily for either business or pleasure. If it is his intent to enter the United States to live with you because you are married and want to live together permanently in the United States, then he does not have the requisite temporary intent for a visitor visa.

Your husband will also have to show employment, family, and/or social ties to the country he is leaving from. Generally, when a husband is entering the United States to visit his wife, it may be difficult to prove to the foreign country that the husband has the intent to depart the United States upon the expiration of his authorized period of stay unless he has other has family in the foreign country.

Another issue is that you are a permanent resident, not a United States citizen. As such, the petition you filed for your husband places him in the family-based second preference category, not the immediate relative category. He must wait for a visa number to become available before he is eligible to adjust his status or consular process. If you were a United States citizen, you could file a K-3 Nonimmigrant Visa. You must establish that you are validly married, a Form I-130 was filed, and that your spouse seeks to enter the United States to await the approval of the petition. The K-3 nonimmigrant visa is specifically tailored to spouses of United States who are presently abroad. So, in theory, your husband could make the argument that his visit must be temporary because it will be a long time before the petition you filed for him will generate an immigrant visa.

With all of that in mind, as soon as you become a United States citizen, you can upgrade the petition you filed for your husband from a family-based second preference to immediate relative petition. Once the upgrade takes place, you can file for a K-3 nonimmigrant visa so your husband can enter the United States to await the Petitions approval.

Before your husband applies for and/or travels to the United States using the visitor nonimmigrant visa, you should consult with an experienced immigration attorney to discuss in more detail the potential problems that may arise.

Evan Shane and Michael Shane, Attorneys at Law

Law Offices of Michael Shane, P.A.

9100 South Dadeland Blvd, PH-2, Suite 1801

Miami, Florida 33156

305 671-8777,

www.shanelaw.com

[SuperDuper! 230]

Clever thinking trying to find a loop hole, I will give you that!

[Chris_Жанна 11]

Hello all,

I recently got married in Casablanca, Morocco and spent short time with my wife. I am back in the states and now, I am missing her considerably. I started the CR1 process and I am awaiting from my a signed G325A and passport pictures, before I can submit the I-130 application.

Does it make sense to apply tourist visa while we wait for her CR1 spouse Visa? Is there anybody here who has done similar thing.

Thank you in advance! and God bless you all,

Yusuf

If you are going to look into the B-2 visa I would advise you to interview for the tourist visa before you apply for for the CR-1.

My S/O had a tourist visa before we got engaged. She came to the US we got engaged, she went home then she came back to stay with me for 2 1/2 months while we waited for our NoA2 then went back home again for her K-1 interview. We had no problems with doing this. However, there is always a chance of there being a problem and she was always prepared at the POE to answer any and all question truthfully.

[Chris_Жанна 11]

a reference from an immigrations attorney's site

Q. I am a permanent resident and am filing for my citizenship. I recently filed a Form I-130 for my husband. Should he apply for a visitor visa to visit me during the waiting period? I don't think it's a good idea because I do not want it to mess up his I-130 petition. Can applying for a visitor visa while an I-130 petition is pending cause problems?

A.

Traveling to the United States using a visitor visa while a Form I-130, Petition for Alien Relative, is pending may cause your husband problems. Assuming that he is issued a visitor's visa at the American Consulate abroad after full disclosure that you are his wife, a permanent resident, and you have filed a permanent visa petition for him, he still must prove his intent behind entering the United States with the visitor visa.

A visitor visa is a nonimmigrant visa. Foreign nationals who enter using a nonimmigrant visitor visa must have no intention of abandoning their foreign residence and intend to visit temporarily for either business or pleasure. If it is his intent to enter the United States to live with you because you are married and want to live together permanently in the United States, then he does not have the requisite ‘temporary intent’ for a visitor visa.

Your husband will also have to show employment, family, and/or social ties to the country he is leaving from. Generally, when a husband is entering the United States to visit his wife, it may be difficult to prove to the foreign country that the husband has the intent to depart the United States upon the expiration of his authorized period of stay unless he has other has family in the foreign country.

Another issue is that you are a permanent resident, not a United States citizen. As such, the petition you filed for your husband places him in the family-based second preference category, not the immediate relative category. He must wait for a visa number to become available before he is eligible to adjust his status or consular process. If you were a United States citizen, you could file a K-3 Nonimmigrant Visa. You must establish that you are validly married, a Form I-130 was filed, and that your spouse seeks to enter the United States to await the approval of the petition. The K-3 nonimmigrant visa is specifically tailored to spouses of United States who are presently abroad. So, in theory, your husband could make the argument that his visit must be temporary because it will be a long time before the petition you filed for him will generate an immigrant visa.

With all of that in mind, as soon as you become a United States citizen, you can upgrade the petition you filed for your husband from a family-based second preference to immediate relative petition. Once the upgrade takes place, you can file for a K-3 nonimmigrant visa so your husband can enter the United States to await the Petition’s approval.

Before your husband applies for and/or travels to the United States using the visitor nonimmigrant visa, you should consult with an experienced immigration attorney to discuss in more detail the potential problems that may arise.

Evan Shane and Michael Shane, Attorneys at Law

Law Offices of Michael Shane, P.A.

9100 South Dadeland Blvd, PH-2, Suite 1801

Miami, Florida 33156

305 671-8777,

www.shanelaw.com

This article says in fact he can apply for a visitor visa. No one said the OP will get it or not. No lawyer or person on VJ can tell the OP that. That is the sole discretion of the C/O at the interview.

[Darnell 8,479]

There is 'apply', then there is 'approval'.

Two different things.

Since you've not filed the I-130, USCIS doesn't know about her existence, yet.

She can ALWAYS apply, the USEM will take her money, no problem there.

IF it gets approved, well, that's another matter entirely.