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

[NY_BX 397]

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.

"Logically, you would think it would be easier for him to get a visa to visit his wife."

That's exactly why odds are he will be denied. He is visiting his wife, enough reason for him to stay and committ visa fraud. The logic here is not emotional. The logic is practical. He doesn't live in one of the visa waiver countries. He lives in one of the top 5 highest visa fraud countries.

[Ning 619]

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.

This isnt going to be about what type of person he is. It will be about an Egyptian male trying to get a tourist visa while being married to a USC. Then attempting to use it to gain entry at the POE. That is where the actual decision about the use of the visa takes place if he ever gets one.

This also has to do with his ability to comply with the strongest ties rule. USCIS told me husband that no matter what the situation was when an immigrant enterst the USA those ties are to the USC spouse. For this reason they told my husband they would never issue me a tourist visa nor would I ever be allowed entry if I had one.

I dont know where you got the 80% number but we dont see that here on V J. What I have seen is totaly different.

[Boiler 46,013]

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.

My wife took my step son on vacation to Egypt, he enjoyed it.

It sounds like he would not be able to visit for very long, but why not just apply and see?

[Casprd 167]

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.

Number 1 reason why his chances of getting a tourist visa are because he is your husband. Even though you plan to do everything by the book, have him visit and then return home for the interview, the Consulate in Egypt doesn't know you or him and you are just another case to them. They are told to treat every tourist visa as an intending immigrant and the fact that he is married to a USC living in the US gives him great incentive to stay in the US and not return home.

As for what the USCIS told you, that almost sounds like a setup to me. To have your husband apply for a tourist visa and give you info on how to adjust status from the visa, knowing full well this is immigration fraud and then trip him up somewhere in the process so he misspeaks and it gets logged as material misrepresentation and results in a lifetime ban.

Bottom line is he can apply for two visas at once. If the immigrant visa was approved first (long shot I know) then the tourist visa would be cancelled. But as I said, the fact that you are already married makes the likelihood slim. Even from non-Mena countries it is very very rare for the spouse to get a tourist visa. Only VWP countries can usually get these. In any event, be very careful that you proceed according to the book now and don't let yourself or your husband get tricked in to damaging your future chances to be together.

[nurse1967 287]

When you are quoting this "80% approval rate" you are not keeping in mind that those are for people who are NOT currently trying to immigrate to the USA. They may be people that have family members in the states or people for whatever reason want to visit America. The fact that he is married to an American puts him in a totally different light. It doesn't matter that he's Christian. You can try, but don't be disappointed when it gets shot down.

[kokylolo 7]

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

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

Thank you for your response. We applied for his tourist visa and already disclosed that he has an American wife and that he will be with me during his visit. We were completely honest. If they deny him his visa because of our honesty, then so be it. I don't see the harm in trying to be with your wife for the holidays. It is not an expensive process for this visa, just $140 and well worth the gamble...

And as far as this having any repercussions against his marriage visa, the UCSIS or the consulate will have a serious problem. I have their written documentation of their advice. I will not play any games with them. However, I don't feel this process will jeopardize the I-130 process. And I don't foresee any issues with his approval of the I-130. With that being said, we are not naive as I work in the legal field. Nevertheless, not immigration law, but still friends of mine who specialize in this field, say not to worry. And no, I did not tell them about the tourist visa as it just happened and very quickly. I do plan to make a call though. I will let all of you know the advice given regarding the tourist visa.

Again, I will stay hopeful for the tourist visa. And who knows, if it is issued, maybe it will give someone else hope. There seems to be a lot of that needed regarding this topic.

Be well...and breathe easy,

Christina

[kokylolo 7]

When you are quoting this "80% approval rate" you are not keeping in mind that those are for people who are NOT currently trying to immigrate to the USA. They may be people that have family members in the states or people for whatever reason want to visit America. The fact that he is married to an American puts him in a totally different light. It doesn't matter that he's Christian. You can try, but don't be disappointed when it gets shot down.

Thank you Betsy for your post. I am very aware of the statistics and how they are skewed one way or another, and of course, I realize this will be a challenge. But my husband's intention is not to immigrate with the tourist visa. I guess that is my point, and he has a good case to prove he must be in Egypt still for some time. What will he do with his properties? Who will manage the rent and the lease payments? Who will sign the title for the property he is selling? Who will manage his business and his accounts? He has too many things that must be handled before he relocates to the US. Will any of these things matter? I'm not sure. Will it be devastating if he gets denied? Not at all, but it would be amazing if he gets approved.

[kokylolo 7]

Number 1 reason why his chances of getting a tourist visa are because he is your husband. Even though you plan to do everything by the book, have him visit and then return home for the interview, the Consulate in Egypt doesn't know you or him and you are just another case to them. They are told to treat every tourist visa as an intending immigrant and the fact that he is married to a USC living in the US gives him great incentive to stay in the US and not return home.

As for what the USCIS told you, that almost sounds like a setup to me. To have your husband apply for a tourist visa and give you info on how to adjust status from the visa, knowing full well this is immigration fraud and then trip him up somewhere in the process so he misspeaks and it gets logged as material misrepresentation and results in a lifetime ban.

Bottom line is he can apply for two visas at once. If the immigrant visa was approved first (long shot I know) then the tourist visa would be cancelled. But as I said, the fact that you are already married makes the likelihood slim. Even from non-Mena countries it is very very rare for the spouse to get a tourist visa. Only VWP countries can usually get these. In any event, be very careful that you proceed according to the book now and don't let yourself or your husband get tricked in to damaging your future chances to be together.

Thank you very much for your post and advice.

[kokylolo 7]

This isnt going to be about what type of person he is. It will be about an Egyptian male trying to get a tourist visa while being married to a USC. Then attempting to use it to gain entry at the POE. That is where the actual decision about the use of the visa takes place if he ever gets one.

This also has to do with his ability to comply with the strongest ties rule. USCIS told me husband that no matter what the situation was when an immigrant enterst the USA those ties are to the USC spouse. For this reason they told my husband they would never issue me a tourist visa nor would I ever be allowed entry if I had one.

I dont know where you got the 80% number but we dont see that here on V J. What I have seen is totaly different.

I understand all of this, but I never was one to give up on something that would make me happy. Nevertheless, those statistics come directly from the Egyptian consulates website. And not to downplay VisaJourney.com, but it's members are only an extremely small fraction of the number of visa applicants.

[Ning 619]

Thank you for your response. We applied for his tourist visa and already disclosed that he has an American wife and that he will be with me during his visit. We were completely honest. If they deny him his visa because of our honesty, then so be it. I don't see the harm in trying to be with your wife for the holidays. It is not an expensive process for this visa, just $140 and well worth the gamble...

And as far as this having any repercussions against his marriage visa, the UCSIS or the consulate will have a serious problem. I have their written documentation of their advice. I will not play any games with them. However, I don't feel this process will jeopardize the I-130 process. And I don't foresee any issues with his approval of the I-130. With that being said, we are not naive as I work in the legal field. Nevertheless, not immigration law, but still friends of mine who specialize in this field, say not to worry. And no, I did not tell them about the tourist visa as it just happened and very quickly. I do plan to make a call though. I will let all of you know the advice given regarding the tourist visa.

Again, I will stay hopeful for the tourist visa. And who knows, if it is issued, maybe it will give someone else hope. There seems to be a lot of that needed regarding this topic.

Be well...and breathe easy,

Christina

There certianly isnt any harm in trying. In this case hope only costs 140 bucks.

Whatever the outcome it will have nothing to do with the decision for the other visa. Neither will your threats of some legal action. There is no game being played here except in your mind.

I think everyone here wants him to get the tourist visa. But few believe it will happen. The game you think you are playing seems to indicate an 80% chance of success. None of these cases are decided on hope nor prayer but people do both.

Reality has to be taken into consideration. The past real life history of events indicates what has in fact taken place. Emotion isnt a factor. Immigration laws & the view of USCIS officers of his case are what controls the outcome.

That includes the decision at the POE if he did happen to be issued a visa. This doesnt end with the visa placed in a passport.

[kokylolo 7]

"Logically, you would think it would be easier for him to get a visa to visit his wife."

That's exactly why odds are he will be denied. He is visiting his wife, enough reason for him to stay and committ visa fraud. The logic here is not emotional. The logic is practical. He doesn't live in one of the visa waiver countries. He lives in one of the top 5 highest visa fraud countries.

The logic of my statement was not emotional. My intent was to make the point that because I am his wife and I am a citizen, I can be found very easily. We Americans might as well have a GPS installed. The government has implemented many systems to find an American whenever they want. With that being said, if you are a tourist and visit, you can not be tracked down like a USC.

I'm sorry if I wasn't clear...but I also understand that having a USC wife is a very strong tie to the US and a good reason for my husband to want to stay.

[Ning 619]

I understand all of this, but I never was one to give up on something that would make me happy. Nevertheless, those statistics come directly from the Egyptian consulates website. And not to downplay VisaJourney.com, but it's members are only an extremely small fraction of the number of visa applicants.

I am not suggesting you give up. The members here on V J know they dont represent all the people involved in immigration visas. Lets keep in mind it was you that posted the info & asked for responces from the membership.

Me? I was turned down 3 times for a tourist visa for the very reasons people have stated here. USC husband, 130 in progress. I had business, house ect too. All the things included in your hope list. My husband was told " your documents are perfect, I believe you will return but there will be no tourist visa nor would you be allowed entry". He explained all of those ties you speak of vanish once entry is made & the ties revert to the USC. This is where getting these visas get tough. The officer told my husband it was a huge "catch 22".

[kokylolo 7]

There certianly isnt any harm in trying. In this case hope only costs 140 bucks.

Whatever the outcome it will have nothing to do with the decision for the other visa. Neither will your threats of some legal action. There is no game being played here except in your mind.

I think everyone here wants him to get the tourist visa. But few believe it will happen. The game you think you are playing seems to indicate an 80% chance of success. None of these cases are decided on hope nor prayer but people do both.

Reality has to be taken into consideration. The past real life history of events indicates what has in fact taken place. Emotion isnt a factor. Immigration laws & the view of USCIS officers of his case are what controls the outcome.

That includes the decision at the POE if he did happen to be issued a visa. This doesnt end with the visa placed in a passport.

Thanks for your directness. It certainly is worth a shot to try. I am not saying any threats of legal action would change an initial decision for the I-130. I am however, implying that I will not be shy to defend my case in court if any of this were to affect my husbands marriage visa. But, as I said before, I don't foresee any of that happening. And yes, I suppose you can say I am playing a game...as it surely seems that the tourist visa is a gamble.

I do have one question if anyone could answer, I would be very grateful. What is the procedure for POE with a private company jet? I'm not sure if anyone will know this. Maybe I will have to ask the pilot? It's possible, if he gets the travel visa, my work will fly him to the US. Any thoughts?

[kokylolo 7]

I am not suggesting you give up. The members here on V J know they dont represent all the people involved in immigration visas. Lets keep in mind it was you that posted the info & asked for responces from the membership.

Me? I was turned down 3 times for a tourist visa for the very reasons people have stated here. USC husband, 130 in progress. I had business, house ect too. All the things included in your hope list. My husband was told " your documents are perfect, I believe you will return but there will be no tourist visa nor would you be allowed entry". He explained all of those ties you speak of vanish once entry is made & the ties revert to the USC. This is where getting these visas get tough. The officer told my husband it was a huge "catch 22".

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I really appreciate this answer. It is very informative and not just a "he will never get it" kind of statement...much appreciation. Thank you.

[Boiler 46,013]

As a matter of interest, what legal action, none comes to mind.