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

[kokylolo 7]

Thanks everyone for all your comments! I was trying to be optimistic about this, but it is definitely a challenge considering everyone's feedback. I have not sent in the I-130 yet. I was hoping to be a little more aware of the best timing for it. However, now after all of this I think I have lost a month of processing time. With that being said, I will have some questions regarding my submission that I will post on a different thread.

Thanks again.

Christina

[Ning 619]

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".

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.

No matter what anyone says this tourist visa case will be decided as they all are on its own merits. All of the reasons you gave that indicate why he MUST return will be considered.

I suggest you consider the following to help try to ensure success. Tourist visas dont have a lot of documentation to them. The " rules" arent explained very well. The most important aspect is the ability to understand & adhear to the " strongest ties" rule.

Help him by preparing the case in the right manner. To do this it would be best to write a statement that explains why he MUST return. The officer has to read what is presented as part of the case. These cases are often decided based on the forms & docs only. They have decided before the actual interview. There are many reports of denials prior to any discussion or interview. This is why I think its good to write the statement. If that doesnt work at least you will know you & he did everything that could have been done & did it correctly. If he did get the visa this written info could become key at the POE as evidence of what forces him to return. Additionaly he should be prepared to acknowledge at the POE his understanding of the need to be interviewed in Egypt for his immigrant based visa which will afford him a Green card.

Please forget the idea of what ever happens with this tourist visa as having any affect on another visa. It will not. No need to stress or line up for a fight that will not occur. You have done well at accepting the info given here without getting emotional. You have made progress in your better understanding of the situation. Leave it at that.

[Ning 619]

Thanks everyone for all your comments! I was trying to be optimistic about this, but it is definitely a challenge considering everyone's feedback. I have not sent in the I-130 yet. I was hoping to be a little more aware of the best timing for it. However, now after all of this I think I have lost a month of processing time. With that being said, I will have some questions regarding my submission that I will post on a different thread.

Thanks again.

Christina

I thought you had filed the 130 until I read this. It may not matter because he is married to a USC anyway. However a pending 130 does show intent. At the same time it is understood USCIS views all people with visas as intending immigrants.

As far as timing I am sure you know it will be at least 5 months to get the NOA 2 for that petition.

I dont know how waiting will help in light of the attitude of USCIS towards the people with tourist visas. There is a question on the forms I think that asks if there is a pending visa application.

[NY_BX 397]

Thanks everyone for all your comments! I was trying to be optimistic about this, but it is definitely a challenge considering everyone's feedback. I have not sent in the I-130 yet. I was hoping to be a little more aware of the best timing for it. However, now after all of this I think I have lost a month of processing time. With that being said, I will have some questions regarding my submission that I will post on a different thread.

Thanks again.

Christina

No one has said do NOT apply for a tourist visa. Everyone is just giving you straight forward advice and feedback. Yes, you have wasted 1 month and you still have a good year or more to go. Like I said originally, shoot for the stars, but please, don't shoot yourself in the foot. Reality shows that his chances of getting a tourist visa are minimal. But, I respect your optimism and thrive.

[NY_BX 397]

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?

Private jet? The exact same procedure. He'll need to clear immigration and customs. Some of the people I represent do travel privately and, upon landing in LA or NYC, they must be clear. I've had to cancel concerts because my artists didn't process their visas on time and they own their transportation.

[kokylolo 7]

Private jet? The exact same procedure. He'll need to clear immigration and customs. Some of the people I represent do travel privately and, upon landing in LA or NYC, they must be clear. I've had to cancel concerts because my artists didn't process their visas on time and they own their transportation.

Thanks again for your response. We have already filed for his tourist visa. He has an interview on the 26th. However, we have also decided to send in his I-130 given the information I have received here.

As far as the private jet, yes, he will be flown in on one of the companies jets that I work for. Not because he or I have any "special" reasons, but because it is easy and was offered as a benefit of my employment. He however, will not fly into a big airport. Rather, he will actually fly into Reno, NV. and the company happens to own that airport. Come to think of it, maybe this will be in my favor. I forgot about the company owning the airport until now. Do you think it will matter? Now, I am even more curious.

Thanks again for your response!

[NY_BX 397]

Thanks again for your response. We have already filed for his tourist visa. He has an interview on the 26th. However, we have also decided to send in his I-130 given the information I have received here.

As far as the private jet, yes, he will be flown in on one of the companies jets that I work for. Not because he or I have any "special" reasons, but because it is easy and was offered as a benefit of my employment. He however, will not fly into a big airport. Rather, he will actually fly into Reno, NV. and the company happens to own that airport. Come to think of it, maybe this will be in my favor. I forgot about the company owning the airport until now. Do you think it will matter? Now, I am even more curious.

Thanks again for your response!

It doesn't matter who owns the airport. It doesn't matter where he lands. He must clear immigrations and customs.

You can own a business, you still have to file taxes and report your earnings to the IRS, right? Same thing.

To tell you about a personal experience, I have an actor in Mexico that was offered a movie alongside a high profile actor. He took the role. The executive producer was going to fly him in. The actor had an expired passport. By the time he got his new passport, the visa process was a week to late. It didn't matter who and how he was entering the country, he couldn't make it because of that. The role went to someone else.

[bigdog 376]

Be careful, don't end up banned. Everyone here who seems to rush or side step gets in a world of issues.

[kokylolo 7]

It doesn't matter who owns the airport. It doesn't matter where he lands. He must clear immigrations and customs.

You can own a business, you still have to file taxes and report your earnings to the IRS, right? Same thing.

To tell you about a personal experience, I have an actor in Mexico that was offered a movie alongside a high profile actor. He took the role. The executive producer was going to fly him in. The actor had an expired passport. By the time he got his new passport, the visa process was a week to late. It didn't matter who and how he was entering the country, he couldn't make it because of that. The role went to someone else.

Thank you! You have been very helpful

[Boiler 46,013]

It does matter which airport, it has to be able to take International Flights.

[kokylolo 7]

Be careful, don't end up banned. Everyone here who seems to rush or side step gets in a world of issues.

God knows I would love to be with my husband at this very moment...but reality is that we have to follow the law and procedure to get him here.

[kokylolo 7]

It does matter which airport, it has to be able to take International Flights.

You are correct. I just spoke with the person who handles the corporate flights. She said he would have to land in Las Vegas for customs and immigration, but it is a little different because the officers actually come to the plane.

[NY_BX 397]

You are correct. I just spoke with the person who handles the corporate flights. She said he would have to land in Las Vegas for customs and immigration, but it is a little different because the officers actually come to the plane.

Exactly. The officers come, check the plane with their dogs, check documentation and escort the passengers to the facilities or car, depending on the case.

[kokylolo 7]

Exactly. The officers come, check the plane with their dogs, check documentation and escort the passengers to the facilities or car, depending on the case.

From what she said..it's a very simple procedure, and she has never had customs bring a dog to the plane. She also said they have never had a problem with any immigration officer being rude or interrogating any of the foreigners and they deal with the same customs and immigration people on a regular basis.

[Noah Lot 391]

No matter what anyone says this tourist visa case will be decided as they all are on its own merits. All of the reasons you gave that indicate why he MUST return will be considered.

I suggest you consider the following to help try to ensure success. Tourist visas dont have a lot of documentation to them. The " rules" arent explained very well. The most important aspect is the ability to understand & adhear to the " strongest ties" rule.

Help him by preparing the case in the right manner. To do this it would be best to write a statement that explains why he MUST return. The officer has to read what is presented as part of the case. These cases are often decided based on the forms & docs only. They have decided before the actual interview. There are many reports of denials prior to any discussion or interview. This is why I think its good to write the statement. If that doesnt work at least you will know you & he did everything that could have been done & did it correctly. If he did get the visa this written info could become key at the POE as evidence of what forces him to return. Additionaly he should be prepared to acknowledge at the POE his understanding of the need to be interviewed in Egypt for his immigrant based visa which will afford him a Green card.

Please forget the idea of what ever happens with this tourist visa as having any affect on another visa. It will not. No need to stress or line up for a fight that will not occur. You have done well at accepting the info given here without getting emotional. You have made progress in your better understanding of the situation. Leave it at that.

A written statement from a third party stating why a visa applicant MUST return to their country is as valuable during the interview as a two week old newspaper. Such statements are merely self serving and prove nothing except that somebody wrote a letter. Nor are the COs required to read or examine every document that might accompany a visa application. Another person (i.e. the author of said statement) has NO control over the actions of another person, and cannot legally force that individual to depart the US after their authorized visit. I am not sure why so many people believe (erroneously) that some letter will somehow fool a CO or convince that CO about another person's bona fides....it can't and it won't...it does not matter who writes such a letter...an applicant has to convince the CO that they will abide by the terms of any visa privilege granted to them...and no one else can act on an applicant's behalf in order to accomplish that task.