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Seija

B2 tourist visa while 1-130 pending

By Seija in IR-1 / CR-1 Spouse Visa Process & Procedures

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Seija Contributor

Seija   0

Posted
Filed: IR-1/CR-1 Visa Country: Russia
 Timeline
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Hi VJ Family,

My wife will be interviewing for B-2 tourist soon. I'm concern about a couple of things. so here it is,

I'm a US citizen and filed a i-130 form for a CR-1 visa for my wife. on 7/10/11 we received NOA2 and case routed to NVC. We plan on being honest at POE but are concern that my wife will be rejected at POE becuase we have a pending immigation petition. She just wants to visit for two weeks and return to her job ( we have enough documents to prove stong ties to Russia which will ensure her return), plus we do not want to violate any immigration laws and put our end goal (CR-1 visa at risk).

1) does any anyone have any suggestions or maybe has gone through something similar and was able to enter the US on a tourist visa while CR-1 or immigrant visa was pending? if so, what did you say to POE officer regarding yor visit?

2) if she is rejected at POE does this have any adverse effect on our visa journey?

3) will rejection impact her DS-230 or anything?

Please advise and thank you!

Seija

USCIS

05/31/2011- mailed I-130 petition

06/06/2011- email and text NOA1, routed to CSC

06/07/2011- check cashed

06/10/2011 - Received NOA1 hard copy

07/06/2011 - NOA2 Notice date (30 days from NOA1 email, I could not believe it!)

07/12/2011 - NOA2 Received in mail yay!

NVC

07/25/2011 - case arrives at NVC

08/01/2011 - NVC advised petition in building since 7/25/11 and need 4-6 weeks to enter into system. what!!

08/17/2011 - NVC case# given to me 42 days after notice date 7/06/11, 23 days after case arrived at NVC on 7/25/11

8/18/11 - now waiting for bills to be generated and submit DS-3032,I-864ez,DS-230 I suspect to here at NVC for another 2-3 weeks.

8/20/2011 - AOS bill generated and paid $88 online (pending)

8/21/2011 - Resend DS-3032 via email

8/24/2011 - AOS bill shows paid and printed cover page

8/25/2011 - DS_3032 chose of agent approved

8/25/2011 - mailed Affidavit of support and tax documents

8/26/2011 - AOS and tax documents arrived, letter signed by NVC

8/28/2011 - IV bill generated and paid $404 online (pending)

8/30/2011 - IV bill shows paid and printed cover page

8/31/2011 - NVC Operator advise over the phone that AOS is approved

9/17/2011 - mailed DS-230

9/20/2011 - NVC received DS-230

9/23/2011 - NVC case completed, waiting for interview date

9/30/2011 - NVC advises that case complete, interview date 11/09/2011 yay!!!

10/21/2011 - had a great time with my wife and in-laws in Russia! miss her already!

11/09/2011 - Visa Approved!!!!

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san diego Proficient

san diego   407

Posted
Filed: Citizen (apr) Country: Russia
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Posted

She will not get rejected at POE. She will 100% get rejected at the interview. Basically, you will have to disclose at the interview that she is coming to visit you and that you applied for visa. If you do she will get rejected at the embassy, so don't worry about POE.

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Aschenbecher Collaborator

Aschenbecher   16

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Filed: Citizen (apr) Country: India
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Posted

maybe 1% chance she wont get rejected. And dont even think about lying to the embassy. if they catch you which they will, it will mess up everything else for you.

5/1/2022 - Filed I-130 For Mom

5/1/2022 - NOA1

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Neonred Experienced

Neonred   3,562

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Filed: Citizen (apr) Country: Russia
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Posted

I know this is not exactly the same, but while my step daughter had a pending I-130 she applied for and did get a B-2 tourist visa. I had contacted the embassy about this issue and they did say it would not be a problem, but she would still have to qualify as anyone else. I sent a letter to the embassy detailing the pending I-130 and the reason we wanted the B-2. She received the B-2 without issue. She had, however, traveled outside Russia on a Schengen visa which seems to be a big help proving the tourist visa applicant will return.

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Seija Contributor

Seija   0

Posted
Filed: IR-1/CR-1 Visa Country: Russia
 Timeline
  • Author
Posted

update on my wife's tourist visa interview.

she show up on time today and when called the officer saw that my wife had a stamp or page on her passport that apprently states that she can live abroad. after the officer saw this he asked her who will she be visiting in the US, my wife respond "my husband". tourist visa denied. he did not even looked at our supporting documents which show strong ties to Russia. I don't understand how some people get approved while immigrant visa is pending and some people don't get approved while immigrant visa is pending. anyways we are just a little sad. I will be planning a trip to Russia again.

USCIS

05/31/2011- mailed I-130 petition

06/06/2011- email and text NOA1, routed to CSC

06/07/2011- check cashed

06/10/2011 - Received NOA1 hard copy

07/06/2011 - NOA2 Notice date (30 days from NOA1 email, I could not believe it!)

07/12/2011 - NOA2 Received in mail yay!

NVC

07/25/2011 - case arrives at NVC

08/01/2011 - NVC advised petition in building since 7/25/11 and need 4-6 weeks to enter into system. what!!

08/17/2011 - NVC case# given to me 42 days after notice date 7/06/11, 23 days after case arrived at NVC on 7/25/11

8/18/11 - now waiting for bills to be generated and submit DS-3032,I-864ez,DS-230 I suspect to here at NVC for another 2-3 weeks.

8/20/2011 - AOS bill generated and paid $88 online (pending)

8/21/2011 - Resend DS-3032 via email

8/24/2011 - AOS bill shows paid and printed cover page

8/25/2011 - DS_3032 chose of agent approved

8/25/2011 - mailed Affidavit of support and tax documents

8/26/2011 - AOS and tax documents arrived, letter signed by NVC

8/28/2011 - IV bill generated and paid $404 online (pending)

8/30/2011 - IV bill shows paid and printed cover page

8/31/2011 - NVC Operator advise over the phone that AOS is approved

9/17/2011 - mailed DS-230

9/20/2011 - NVC received DS-230

9/23/2011 - NVC case completed, waiting for interview date

9/30/2011 - NVC advises that case complete, interview date 11/09/2011 yay!!!

10/21/2011 - had a great time with my wife and in-laws in Russia! miss her already!

11/09/2011 - Visa Approved!!!!

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san diego Proficient

san diego   407

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

update on my wife's tourist visa interview.

she show up on time today and when called the officer saw that my wife had a stamp or page on her passport that apprently states that she can live abroad. after the officer saw this he asked her who will she be visiting in the US, my wife respond "my husband". tourist visa denied. he did not even looked at our supporting documents which show strong ties to Russia. I don't understand how some people get approved while immigrant visa is pending and some people don't get approved while immigrant visa is pending. anyways we are just a little sad. I will be planning a trip to Russia again.

Exactly my point. Doesn't hurt to try but 0 chance...

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