US travel for Spouse

[waywardpoet 0]

My husband is in India, and I am a US Citizen. Will it be confusing to the Mumbai Embassy if he applies for a non-immigrant tourist visa so that he can visit us while we are waiting on the CR-1? <<<We are December 2010 NOA1 filers>>> ... Is it okay for him to come and visit for a week or two? I would really appreciate any advise in this matter...especially from those with Indian embassy experience. My husband feels it is a risk, so I am going to Kolkata in a few weeks...but if this process takes as long as it looks like it is going to take, we would really like to have him here in the US for a visit as well later in the summer. Will that put our visa at risk?

[Penguin_ie 5,993]

It won't put your spousal visa at risk, but he is unlikely to be approved for a tourist visa while he has a spousal visa in process.

[waywardpoet 0]

It won't put your spousal visa at risk, but he is unlikely to be approved for a tourist visa while he has a spousal visa in process.

Thank you for your response. The Kolkata consulate does not know he has an I-130 with the CSC. Why would it be denied?

[Done--Really 331]

Now you are walking on thin ice. Why would you want to jeopardize your entire immigration process by trying to skirt the rules?? Potentially mess up your whole life for a fleeting visit--I don't think that is clear thinking.

[Dave and Kinnari 31]

Now you are walking on thin ice. Why would you want to jeopardize your entire immigration process by trying to skirt the rules?? Potentially mess up your whole life for a fleeting visit--I don't think that is clear thinking.

Bingo. Just wait like the rest of us. I am pretty sure they can track your paperwork as well, you DON'T want to be trying to bend the rules for Immigration to the USA. For as hard as the process it takes to let your spouse to immigrate to the States...its VERY easy for them to take away your privilege of coming to the States...forever. And good luck trying to reverse that once you get barred...

Edited April 22, 2011 by Dave and Kinnari

[RosyMad 2]

My husband (UKC) has come to the states 2 times while our I-130 is pending.. We are also December filers.. The first visit he stayed 11 days and the second was 17.. At the POE he was armed with ties to the UK, work letter, rental agreement and was not even asked anything..

[Done--Really 331]

Rosy--was he using the VWP, or did he have to get a formal visa--it is quite different for folks that have to get a B1/B2, and of course he was armed to the teeth in case he was asked. Poet has a different problem--India is not part of the VWP.

[RosyMad 2]

Oh. He traveled using the VWP.

[waywardpoet 0]

My husband (UKC) has come to the states 2 times while our I-130 is pending.. We are also December filers.. The first visit he stayed 11 days and the second was 17.. At the POE he was armed with ties to the UK, work letter, rental agreement and was not even asked anything..

Thank you! That is exactly what I was thinking! We are not trying to circumvent the process, just spend a week or two together when we can. I am going to India in 13 days for a week and I am thinking it would be good for him to come here for a week before his interview. He can get added to our lease and start the work networking and adjustment period....which may be circumvented by our desire to stare in each others eyes for hours...LOL.

[waywardpoet 0]

Rosy--was he using the VWP, or did he have to get a formal visa--it is quite different for folks that have to get a B1/B2, and of course he was armed to the teeth in case he was asked. Poet has a different problem--India is not part of the VWP.

What is VWP?

[waywardpoet 0]

OKAY! I have been reading all of the consulate interviews and there is a large percentage of time that they ask if the beneficiary has visited the US! My husband has never been here. I am going there, but I think he needs to come here for a week. We are married...okay...granted...I just want to spend more time with him, LOL. But, we have to establish a relationship and I am very concerned that we saw each other physically for the first time and got married in the same week in Hong Kong.

[RosyMad 2]

Its called VWP or visa waiver program..

http://en.wikipedia.org/wiki/Visa_Waiver_Program

but a previous user said India is not covered for the VWP

[Done--Really 331]

Visa Waiver Program--it allows people from about 30 or so countries to visit the US without getting a visa--unfortunately India isn't one of them so your husband has to get a B1/B2 visa, and even lying by omission can result in permanent ban from entering the US--just don't do it. Have him be upfront about your situation, and if he gets a visa that's great, but if not, you can live with it. A lifetime ban isn't worth cutting any corners--even a ten year ban would be horrible.

I have worked with many illegal immigrants over the last several years, and so many of them could have avoided all their problems if they had just known the regulations and worked within them. It is heart breaking what they have gone thru, and barring a major overhaul of the immigration system, they are holding their breath waiting to be deported if they trip up even the slightest bit.

You have the opportunity to do it right--don't screw it up.

[celinayfran 2]

Technically, he can travel to the US on a tourist visa while his IR1/CR1 is pending..whether they approve the tourist visa or not is another question, but I highly suggest being 100% honest about the pending immigrant visa. He needs to demonstarte STRONG TIES to his counry...not only for the tourist visa but he should be prepared to show strong ties to his country at POE....then it is up to them whether they allow him entry or not.

My husband already has a tourist visa (valid for 10 years) and has been to the US 3x, however prior to filing for the IR1/CR1. When he goes to visit again, he will be prepared with employment letter, school enrollment, apt lease, etc.

GOOD LUCK!!

[Done--Really 331]

I forgot that part--I wish you and your husband not only good luck, but a life full of joy once you get thru this--we have decades ahead of us together, while we wait a few months--it's certainly worth it from my point of view !!! No complaining--just doing what we have to do to speed it along, knowing that in the end we will all be together.