Applying for Visitor Visa while I130 is pending?

[raj1975 10]

my spouse is still studying in her home country, will this establish strong ties to show that she will return to her country after visiting me and wait for the I130 to process?? if so please provide a procedure to apply for the same? and what kind of documents are required from college she is enrolled in to show that her intention is only to visit me here in US and she will return to complete her I130 process?

[Ashley_Armando 1]

I've heard it is very unlikely and not recommended to try to get a visitor's visa because it will probably be denied so you're just wasting your money. The college documentation might help, but I think stronger evidence is financial stability of the spouse, aka, how wealthy they are.

my spouse is still studying in her home country, will this establish strong ties to show that she will return to her country after visiting me and wait for the I130 to process?? if so please provide a procedure to apply for the same? and what kind of documents are required from college she is enrolled in to show that her intention is only to visit me here in US and she will return to complete her I130 process?

[YuAndDan 153]

What country are we dealing with, your profile lacks details...

Depends on country as to the difficulty of getting a visitor's visa. The consulate assumes immigrations intent, and will need strong evidence to prove otherwise, having an I-130 in process goes toward showing intent to immigrate.

[raj1975 10]

I've heard it is very unlikely and not recommended to try to get a visitor's visa because it will probably be denied so you're just wasting your money. The college documentation might help, but I think stronger evidence is financial stability of the spouse, aka, how wealthy they are.

but since i will be supporting her here on her visit shouldn't it take care of the financial stability part since she is still a student and does not have any income?

[Ashley_Armando 1]

i meant her income and such ties would show that she would return to her country after visiting. Like loans, a employment letter from a job...like i said college documentation might help/work.

but since i will be supporting her here on her visit shouldn't it take care of the financial stability part since she is still a student and does not have any income?

[raj1975 10]

i meant her income and such ties would show that she would return to her country after visiting. Like loans, a employment letter from a job...like i said college documentation might help/work.

thanks Ashley. I see that you filed in November, i hope you get a speedy approval by March. Its been a month since i filed and already i feel like i am separated for years from my spouse. this separation is causing a strain on our lives for sure.

[misterbigtoe 45]

raj1975, on 12 February 2011 - 10:24 PM, said:

but since i will be supporting her here on her visit shouldn't it take care of the financial stability part since she is still a student and does not have any income?

Raj,

Anyone coming to the us on a visitor visa is legally presumed to be an intended immigrant. It is the visa applicants burden to prove she will leave the US when her visa term is over. A pending I-130 visa petition is an admission that she is an intended immigrant and therefore not qualified for a visitor visa. It is an almost insurmountable hurdle to prove that she will travel to the US and not simply overstay. As previously stated the likelyhood of success is so low that IMHO you should save your money.

I am sure this is not the final word however

Edited February 13, 2011 by misterbigtoe

[raj1975 10]

raj1975, on 12 February 2011 - 10:24 PM, said:

but since i will be supporting her here on her visit shouldn't it take care of the financial stability part since she is still a student and does not have any income?

Raj,

Anyone coming to the us on a visitor visa is legally presumed to be an intended immigrant. It is the visa applicants burden to prove she will leave the US when her visa term is over. A pending I-130 visa petition is an admission that she is an intended immigrant and therefore not qualified for a visitor visa. It is an almost insurmountable hurdle to prove that she will travel to the US and not simply overstay. As previously stated the likelyhood of success is so low that IMHO you should save your money.

I am sure this is not the final word however

Thanks for the info. i was hoping i will try it out since i am unable to take this separation, 24x7 i keep thinking of her. i am going crazy already.

[Ning 619]

my spouse is still studying in her home country, will this establish strong ties to show that she will return to her country after visiting me and wait for the I130 to process?? if so please provide a procedure to apply for the same? and what kind of documents are required from college she is enrolled in to show that her intention is only to visit me here in US and she will return to complete her I130 process?

The key word here is spouse. Every person with a visa is thought to be an intending immigrant. She would have to show strong ties to her country. The problem is that once she enters the USA those ties are to her husband.

The ties to the college could help but the only way to really know is to pay the fee & try. Keep in mind even if she got the visa she could be turned away at the POE.

[coraliesolms 47]

When I was waiting for our CR-1 approval, I called the consulate near me and asked if there was a chance that I would get a visitors visa, and I was pretty much flat out told NO..

However, there are people who have received a visitors visa. I think the best way to go about it is to demonstrate your knowledge on where you are in the process (have your NOA in hand at the consulate) and she would have to choose her wording carefully such as "My hubby has filed a CR-1 for me and we have just received our second notice of action and I would like to visit him, as we have not seen eachother in X amount of months, I intend to leave on this day and return on that day, as I have to return to my school".

She will have to show that she still maintains ties to her country.. lease agreement, employment, schooling.

It will be a hard fight, and it CAN be done... however, it is highly unlikely that they will issue her one. It would most likely be much easier for you to visit her.

[Darnell 8,478]

raj - she can but try, yes?

If denied or rejected, well, there's yer answer.

[joyjohn 18]

my spouse is still studying in her home country, will this establish strong ties to show that she will return to her country after visiting me and wait for the I130 to process?? if so please provide a procedure to apply for the same? and what kind of documents are required from college she is enrolled in to show that her intention is only to visit me here in US and she will return to complete her I130 process?

been there done that.....trouble is you have to pay the money first, fillout the form then go to see the IO, just to hear them say no....you already have the I130 in progress.....my wife had a job, a good job, a bank acct, a apt, been out and came back before so she had a history of leaven and coming back, the IO look at her and said naaaaaaaaaaa you arent comeing back visa denied....end of story.

[Darnell 8,478]

Ya Know, I've watched all of your posts, all of your questions here on VisaJourney.com. To the best of my knowledge, I have to classify you as a 'mobile phone user',

as

you, apparently, aren't reading.

Why aren't you reading? Yer using a mobile phone for yer internet access, and mostly, the menus at the top of the page are not so viewable.

Can you, please, switch to a PC? A Personal Computer? Winders or MAC, any browser you want,

and then.... (wait for it...)

Click on the word 'Guides' up at the top.

Ya can't miss it, it's in the blue range, highlighted in White.

Once you get to 'Guides'

then read the entire page.

Find the Guide that applies to yer particular type of casefile.

If any ancillary links, like an NVC FLOWCHART, read those as well.

Don't have Adobe Acrobat Reader Installed on yer pooter?

wow - now is the best time to install it, as the FLOWCHART for NVC

Processing is in Reader format, and you have to download something.

then... as you have a moment to rest... when yer thinking.....

get a big piece of paper (11 x 17 inches is best)

then dig out a blue or green crayon (I like blue, btw)

and make a diagram of

where you are...........

what's next.............

what documents you must produce (emphasis on production here)

and then........

Find LingChe on the wiki... Come on - I dare ya to find it... Really.. Come On...

Once you've found it, dig out yer crayon again, and start making copious notes.

Then, as you've made these copious notes, get a clean sheet of paper,

and make the diagram again.

Then make 2 copies.

Send one to yer spouse, send the 2nd one to yer favourite Uncle.

Keep yer original in your satchel, as you'll review it daily.

Then, when you have a spare moment, O Raj,

Change your user profile to reflect which country yer spouse is really in;

Change yer TimeLine to reflect the country yer spouse is really in;

and then ... (again, wait for it............)

click on the 'portal page'

and you'll see a wealth of information, in the form of clickable links,

that pertain to yer particular Embassy.

Study the Embassy info, Study the Timelines for yer country (of Spouse),

mark yer calendar,

and...

go forth...

----

Should you fail to do any of this stuff...

then..

I have to think...

yer really in the wrong place, as

VisaJourney.com is a DIY Immigration web portal,

with an emphasis on 'Y' (YOU) and 'D' (Do)...

Doing it yerself is mondo fricking important,

and VJ has all the info you need.

It's up to you to find it, assimilate it, and act on it.

Read, Man, Read !!

Please?

Purty Please??

Purty Please with Mutton Curry on it???

[I & G 1]

It is a unwritten law that if you have a I-130 pending there is no way to obtain a visitor visa no matter how much evidence you have. I tried it too only to have spent the time and money to get educated on this subject.

[payxibka 10,045]

It is a unwritten law that if you have a I-130 pending there is no way to obtain a visitor visa no matter how much evidence you have. I tried it too only to have spent the time and money to get educated on this subject.

but I know people who have been successful... so it is not impossible... extremely difficult but not impossible