B-2 Visa for husband until I-130 gets sent in

[kokylolo 7]

I have found so much mixed information on this topic...So here goes my story.

I called UCSIS and told them my story. I am a US Citizen. My husband is Egyptian. I'm getting ready to send in the I-130 but I found it is an average 12 to 14 months until finalization. I posed the question- Can my husband get a tourist visa to come and be with our family for the holidays? The I-130 process is too long for us to be away from each other that long. Can he get a tourist visa and return back to Egypt?

Interesting answer from the UCSIS: It depends on when you file his I-130.

Me: I haven't filed either and it doesn't matter to me which I file first.

UCSIS: It does matter to you.

Me: Ok. It does matter. Can you tell me the difference and my options?

UCSIS: Starts by giving me a disclaimer...he is not allowed to give visa advice..yada yada...this call can be recorded...BUT (HE SAYS-to make sure he gets my attention) If you file an I-130 and then a B-2 the I-130 will be canceled. You can only apply for 1 visa at time.

Me: Ok, so can he file for a tourist visa and then and I-130?

UCSIS: PLEASE LISTEN TO ME VERY CAREFULLY. WHEN I SLOW DOWN AND SPEAK VERY SLOWLY, PAY VERY CLOSE ATTENTION TO WHAT I AM SAYING. DO YOU UNDERSTAND?

Me: OK (IT WAS A READ BETWEEN THE SLOOOW LINES KIND OF THING)

UCSIS: It is very important when you submit your I-130. I will state the law. If your husband enters the country legally and you apply for the I-130 while he is in America, you will need to send in these forms all at once I-130, I-485 and several others... You can adjust your husbands status and he may stay in the country while you are going through this process. If you file the I-130 while your husband is in Egypt, he will be required to stay in Egypt until completion. Remember, he is only allowed to apply for 1 visa at a time. He will not be able to come to America until the process is complete.

****Keep in mind, I just wanted to know if it was possible if he could come visit for the holidays before we send his I-130 or if he can apply for both visas at once.****

Me: OK, so if he comes on a tourist visa, I can apply for an adjustment of status if I apply while he is still in the country and he can stay.

UCSIS: Yes, that is correct. Do you understand why I have given you this information? Did you understand everything I said?

Me: Yes, to give me my options?

UCSIS: Yes that is correct, to give you your options.

Me: Wow, thank you very much! UCSIS: Have a great day and congratulations on your marriage.

Edited October 8, 2011 by kokylolo

[Harpa Timsah 13,258]

The operator has given you both illegal advice in one instance, and incorrect advise in another instance.

You cannot use a B2 visa with the intent to immigrate to the US. That is visa fraud and is illegal.

You can have 2 visa applications at the same time. A lot of people have multiple visas... B2 and a Crewman's visa, B2 and journalist visa, etc.

You can apply for whichever in whatever order, but single men from Egypt have very difficult times obtaining a B2 visa. In fact, a failed attempt at a B2 might create a red flag for the consulate there.

[nurse1967 287]

I have never heard of anyone from Egypt being successful in getting a visitor's visa while in process for K1 or Cr1

[newlyweds2010 208]

Ok, so you pretty much know what to do. Let him file for the B visa and then file his I-130. However, I suspect that he will get denied at the B visa interview. Generally males in Middle-eastern countries have a hard time getting a nonimmigrant visa. Also, the fact that he is married to you will certainly come up at the interview, and it will not be in his favor (DO NOT LIE in the forms/at the interview). I don't want to sound pessimistic, but I'd say that you will have to wait 12-14 months until he can come to the US.

Edited October 8, 2011 by newlyweds2010

[kokylolo 7]

I have found so much mixed information on this topic...So here goes my story.

I called UCSIS and told them my story. I am a US Citizen. My husband is Egyptian. I'm getting ready to send in the I-130 but I found it is an average 12 to 14 months until finalization. I posed the question- Can my husband get a tourist visa to come and be with our family for the holidays? The I-130 process is too long for us to be away from each other that long. Can he get a tourist visa and return back to Egypt?

Interesting answer from the UCSIS: It depends on when you file his I-130.

Me: I haven't filed either and it doesn't matter to me which I file first.

UCSIS: It does matter to you.

Me: Ok. It does matter. Can you tell me the difference and my options?

UCSIS: Starts by giving me a disclaimer...he is not allowed to give visa advice..yada yada...this call can be recorded...BUT (HE SAYS-to make sure he gets my attention) If you file an I-130 and then a B-2 the I-130 will be canceled. You can only apply for 1 visa at time.

Me: Ok, so can he file for a tourist visa and then and I-130?

UCSIS: PLEASE LISTEN TO ME VERY CAREFULLY. WHEN I SLOW DOWN AND SPEAK VERY SLOWLY, PAY VERY CLOSE ATTENTION TO WHAT I AM SAYING. DO YOU UNDERSTAND?

Me: OK (IT WAS A READ BETWEEN THE SLOOOW LINES KIND OF THING)

UCSIS: It is very important when you submit your I-130. I will state the law. If your husband enters the country legally and you apply for the I-130 while he is in America, you will need to send in these forms all at once I-130, I-485 and several others... You can adjust your husbands status and he may stay in the country while you are going through this process. If you file the I-130 while your husband is in Egypt, he will be required to stay in Egypt until completion. Remember, he is only allowed to apply for 1 visa at a time. He will not be able to come to America until the process is complete.

****Keep in mind, I just wanted to know if it was possible if he could come visit for the holidays before we send his I-130 or if he can apply for both visas at once.****

Me: OK, so if he comes on a tourist visa, I can apply for an adjustment of status if I apply while he is still in the country and he can stay.

UCSIS: Yes, that is correct. Do you understand why I have given you this information? Did you understand everything I said?

Me: Yes, to give me my options?

UCSIS: Yes that is correct, to give you your options.

Me: Wow, thank you very much! UCSIS: Have a great day and congratulations on your marriage.

So, I also, while on the phone with the UCSIS, sent the Egypt Consulate and email posing the same question. There response: Have your husband call this number (I don't recall the number offhand) and schedule his interview for his non-immigrant visa.

With that, we completed his DS-160 online and scheduled his interview for October 26th. We were both very excite and just thrilled with what the UCSIS and embassy told us.

******HERE'S WHERE I GET CONCERNED...EVERYTHING I HAVE READ ABOUT THIS ON THE INTERNET IS NOT GOOD!!!******* SEVERAL SITES HAVE TALKED ABOUT THIS SITUATION FOR OTHER PEOPLE AND THEY WERE TOLD THAT THIS IS FRAUD!!!

My question....Now what? We were so excited and just followed the information provided by these 2 sources...We were totally honest and conveyed all of our intentions....Should we worry?

[newlyweds2010 208]

The operator has given you both illegal advice in one instance, and incorrect advise in another instance.

You cannot use a B2 visa with the intent to immigrate to the US. That is visa fraud and is illegal.

You can have 2 visa applications at the same time. A lot of people have multiple visas... B2 and a Crewman's visa, B2 and journalist visa, etc.

You can apply for whichever in whatever order, but single men from Egypt have very difficult times obtaining a B2 visa. In fact, a failed attempt at a B2 might create a red flag for the consulate there.

Why that? From what I understand, the operator told her to first file for the tourist visa, and then file the I-130. He could always go back home, and wait to be approved, no? That would basically be the same as those who travel under the WVP, except that he needs a visa.

[Harpa Timsah 13,258]

Why that? From what I understand, the operator told her to first file for the tourist visa, and then file the I-130. He could always go back home, and wait to be approved, no? That would basically be the same as those who travel under the WVP, except that he needs a visa.

The operator said "listen to me carefully" and then instructed how to intentionally file AOS in the US on a tourist visa.

Here

It is very important when you submit your I-130. I will state the law. If your husband enters the country legally and you apply for the I-130 while he is in America, you will need to send in these forms all at once I-130, I-485 and several others... You can adjust your husbands status and he may stay in the country while you are going through this process.

The operator omits the part where it is illegal to intend to file AOS when entering the US on a non-immigrant visa.

[newlyweds2010 208]

The operator said "listen to me carefully" and then instructed how to intentionally file AOS in the US on a tourist visa.

Here

The operator omits the part where it is illegal to intend to file AOS when entering the US on a non-immigrant visa.

got you! I missed that part. ok, then back to the OP: do not follow the operator's advice, because it's illegal and you and your husband will find yourselves in a pile of .... down the road. In any event, I confirm what I said before, that he will not likely obtain the tourist visa.

[kokylolo 7]

The operator has given you both illegal advice in one instance, and incorrect advise in another instance.

You cannot use a B2 visa with the intent to immigrate to the US. That is visa fraud and is illegal.

You can have 2 visa applications at the same time. A lot of people have multiple visas... B2 and a Crewman's visa, B2 and journalist visa, etc.

You can apply for whichever in whatever order, but single men from Egypt have very difficult times obtaining a B2 visa. In fact, a failed attempt at a B2 might create a red flag for the consulate there.

From everything I have read, your statement sounds true. But, it was not our intent for him to immigrate with the B-2 Visa. In fact, he will have to return to Egypt anyways for work and to handle his properties. Eventually, yes he will be here on a permanent basis, but for now, we would just like to be together and I can't travel because of work right now. I have heard that men from the middle east have a more difficult time, but I do, however, believe that his status as a Christian differentiates him from 90% of middle eastern men.(THIS IS THE OPINION OF A FORMER UCSIS OFFICER - NOT MINE) Also, I read the statistics on the B-2 visa application approvals out of Egypt. They approve more than 80% of them.....

I am trying to do everything possible to be informed and protect ourselves...

Edited October 8, 2011 by kokylolo

[Harpa Timsah 13,258]

From everything I have read, your statement sounds true. But, it was not our intent for him to immigrate with the B-2 Visa. In fact, he will have to return to Egypt anyways for work and to handle his properties. Eventually, yes he will be here on a permanent basis, but for now, we would just like to be together and I can't travel because of work right now. I have heard that men from the middle east have a more difficult time, but I do, however, believe that his status as a Christian differentiates him from 90% of middle eastern men.(THIS IS THE OPINION OF A FORMER UCSIS OFFICER - NOT MINE) Also, I read the statistics on the B-2 visa application approvals out of Egypt. They approve more than 80% of them.....

I am trying to do everything possible to be informed and protect ourselves...

You can apply for a tourist visa for visiting while the I-130 is in process. He will need to follow the rules of that visa. It will not cancel any other process, though it will be tougher to get a B2 with a USC wife. He can try if he wants.

Edited October 8, 2011 by Harpa Timsah

[kokylolo 7]

You can apply for a tourist visa for visiting while the I-130 is in process. He will need to follow the rules of that visa. It will not cancel any other process, though it will be tougher to get a B2 with a USC wife. He can try if he wants.

Thank you for your response. Logically, you would think it would be easier for him to get a visa to visit his wife...Especially, considering finding me is as easy pushing a couple of buttons for immigration...Everyone is accessible if you are a US Citizen.

Any how, it is never our intent or will ever be our intent to break any immigration laws. We are just looking for solutions to the issues we face. I will send his I-130 this week. He will keep his interview for the non-immigrant visa and provide all of his information to the consulate, work papers, property, family, etc...If they approve it, I will be in heaven for some months until he goes back...If they deny it, I will see him next year for a short visit around New Year's. I pray for his approval...and await for more time with him...Either way we will be together. I just hope it is sooner rather than later.

[Boiler 46,013]

Basically there are 4 options assuming you wish to be together during this process:

1. You visit him
   
2. He visits you
   
3. You meet elsewhere
   
4. A combination of the above
   

.

Bear in mind that the people you speak to on the help line are call center operators and you get what you pay for.

Having said that I would assume many US Immigration Lawyers would say exactly the same thing.

The only thing you have disclosed about your Husband is that he is Egyptian, big minus for visitor visa's. There may be other factors that are positive that you have not mentioned.

[kokylolo 7]

Basically there are 4 options assuming you wish to be together during this process:

1. You visit him
   
2. He visits you
   
3. You meet elsewhere
   
4. A combination of the above
   

.

Bear in mind that the people you speak to on the help line are call center operators and you get what you pay for.

Having said that I would assume many US Immigration Lawyers would say exactly the same thing.

The only thing you have disclosed about your Husband is that he is Egyptian, big minus for visitor visa's. There may be other factors that are positive that you have not mentioned.

It's amazing that because my husband is Egyptian (Orthodox Coptic Christian, bye the way) that his chance for a tourist visa is not good. WHY? He is a great man, never had any trouble with the law. He works. He owns properties. He does not have any previous marriages. I am not sure if at this point any of that is negative or positive? But the Egyptian consulate approves more than 80% of tourist visas...I will remain hopeful for his approval.

As far as how we can be together...Yes, I can visit him, but the trips will be short due to my work responsibilities and the fact I have children from a previous marriage. Ideally, he would be able to spend more time here (more than the 10 days I can spend there). As far as meeting anywhere else...same story regarding my work responsibilities...A prayer would be nice...as you all know these times away from our loved ones are very difficult.

[NY_BX 397]

It's amazing that because my husband is Egyptian (Orthodox Coptic Christian, bye the way) that his chance for a tourist visa is not good. WHY? He is a great man, never had any trouble with the law. He works. He owns properties. He does not have any previous marriages. I am not sure if at this point any of that is negative or positive? But the Egyptian consulate approves more than 80% of tourist visas...I will remain hopeful for his approval.

As far as how we can be together...Yes, I can visit him, but the trips will be short due to my work responsibilities and the fact I have children from a previous marriage. Ideally, he would be able to spend more time here (more than the 10 days I can spend there). As far as meeting anywhere else...same story regarding my work responsibilities...A prayer would be nice...as you all know these times away from our loved ones are very difficult.

The issue here is not about his character. The issue with the tourist visa is that your husband must prove that he has enough ties to Egypt making it certain he will return (and not committ visa fraud). He must disclose he is married to you. Almost for certain, that raise a red flag because in the Co's mind, there's enough reason for him to stay in the US. So, you can try to get him a tourist visa, but it is doubtful he'll be approved.

That being said, shoot for the stars, but please, make sure you're not shooting yourself in the foot. So, what you're doing is smart. Research and do what's best for all parties involved. Even though a marriage visa is a long process, is better to follow it and have a lasting marriage. The last thing you need is for you to break the law, unwillingly.

God bless you!

[NY_BX 397]

I have never heard of anyone from Egypt being successful in getting a visitor's visa while in process for K1 or Cr1

It is next to impossible. I've never heard it either.

Ok, so you pretty much know what to do. Let him file for the B visa and then file his I-130. However, I suspect that he will get denied at the B visa interview. Generally males in Middle-eastern countries have a hard time getting a nonimmigrant visa. Also, the fact that he is married to you will certainly come up at the interview, and it will not be in his favor (DO NOT LIE in the forms/at the interview). I don't want to sound pessimistic, but I'd say that you will have to wait 12-14 months until he can come to the US.

If he lies and they find out, that's a ban.