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Any possibility of a tourist visa for a Filipina while an I-130 is pending?

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Posted

How impossible is this? I would love for my wife to be able to visit the USA and meet my family since we have been married almost 3 years , and waiting about that long on our petition. Since it appears they will never approve or deny us, would trying for a tourist visa be a waste of time and money?

Since i cant get my case to go forward and have exhausted all options, Im out of ideas. My congressman, lawyer, and so far the Ombudsman have provided no help

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

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Filed: Country:
Timeline
Posted

You need to remember the assumption is that she has immigrant intent and the pending case supports that assumption.

What are her strong ties to the Philippines? Having a US Citizen husband is a strong tie to the US which works against her.

Filed: K-1 Visa Country: Canada
Timeline
Posted

During my fiancee's interview (which I attended with her) the subject of visitor visa's came up. It came up because my fiancee was denied a visitor visa during our K1 process. He said a denial "makes sense" when applying for a visitor visa while in the middle of a K1. He said it is almost a guaranteed denial when I asked a little more about it, but he did not elaborate anymore than that.

I suppose there is always an outside chance of getting approved, but it will be extremely unlikely.

Met online - 12/2008

Met in Person 1st Time - 2/2009

Engaged - 12/2009

Filed I-129F - 3/27/11

Received Electronic NOA 1 - 4/7/11

NOA 2 - 6/29/11 (83 days from NOA 1)

RFE 8/15/11 (Needed proof that Fiancee is in Canada legally, Philippine citizen)

Packet 3 - 9/6/11

Packet 4 - Never Received

Interview 12/1/11

Filed: K-1 Visa Country: Wales
Timeline
Posted

She needs to show that she does not intend to immigrate on this visit.

I do not know the details of your case but it looks a minus, also Philippines is high fraud, so what does she have to offset that?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

My wife initially tried to get a visitor visa before we decided to get married. She owns a large amount of land in the Philippines, had a solid career and employment history, money in the bank, and family ties to the Philippines. But when she went for the visitor visa interview, she listed my address as the address she was going to go to here in the USA. The interviewing officer focused the entire interview with her on me, and didnt even open her passport to look. He simply returned the passport to her and told her the application for a visitor visa is denied.

She then told me she would just send the money she was going to use to visit me here to me, and have me come there, and we would get married there in the Philippines and put a stop to the embassy from keeping us apart.

So, from what all I have read and from our own experience, a visitor visa seems hard to get, even with a career, land holdings and family and money in the bank as ties to the Philippines.

Filed: Country:
Timeline
Posted
So, from what all I have read and from our own experience, a visitor visa seems hard to get, even with a career, land holdings and family and money in the bank as ties to the Philippines.

Actually it sounds like she would have had a good chance at getting the B Visa if she didn't have a relationship with a US Citizen.

Posted (edited)

So, from what all I have read and from our own experience, a visitor visa seems hard to get, even with a career, land holdings and family and money in the bank as ties to the Philippines.

I was able to get a tourist/business visa in the US in 2005 while already dating my hubby (boyfriend -> fiance then). I was approved coz i was guaranteed by my previous employer.

Though in the case of the OP, it would be hard since they have a pending application. The application is a proof that she intent to migrate.

Edited by rheanick

K1 Process:

May 1, 2008 Submitted I-129F to CSC

May 8, 2008 Received by CSC

May 9, 2008 NOA1

May 18, 2008 Touched

October 9, 2008 RFE

October 28, 2008 RFE Reply

October 29, 2008 Touched

October 30, 2008 Touched

November 1, 2008 NOA2 (HardCopy)

November 11, 2008 Letter from NVC (Hardcopy)

November 14 & 17, 2008 Medical (Passed)

November 26, 2008 Interview (Passed)

December 5, 2008 Visa Received

December 23, 2008 US Entry (POE: Hawaii)

February 7, 2009 Private Wedding

AOS Process:

March 9, 2009 Mailed AOS Application via Express Mail (I-485, I-765, I-131)

March 10, 2009 USPS confirmed that AOS application was delivered and received in Chicago

March 18, 2009 Received NOA for AOS, EAD and AP

April 8, 2009 Biometrics Done

April 27, 2009 AP Approved

May 1, 2009 AP received in the mail

May 2, 2009 EAD card received in the mail

May 29, 2009 AOS interview (Approved)

June 29, 2009 GC received

ROC Process

March 1, 2011 Mailed I-175 Application via Express Mail

March 4 ,2011 NOA for I-175

April 05,2011 Biometrics [Early Biometrics March 22, 2011]

April 21,2011 Approval

April 27,2011 10 Year Green Card Received

Naturalization Process

March 6, 2012 Mailed N-400 Application via Express Mail

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