Visit visa for wife of green card holder

[iamwhatiam80 92]

Hi folks,

My wife will be facing the interview for her visit visa. I am a green card holder. What are her chances of getting the visa? Was anyone successful in this scenario? I have not applied for her green card yet coz i am waiting for my citizenship and in the mean time she wants to visit and stay with me temporarily here.

what are the odds?

Thank you.

[bigdog 376]

If you are married, none see; http://travel.state.gov/visa/immigrants/types/types_1493.html

Important Notice:

While U.S. immigration law still includes a provision for the V visa category for qualified spouses and children (under age 21) of U.S. lawful permanent residents (LPRs), we do not foresee that any V visas will be issued, since potential applicants will not meet the criteria explained below.

[iamwhatiam80 92]

If you are married, none see; http://travel.state....types_1493.html

Important Notice:

While U.S. immigration law still includes a provision for the V visa category for qualified spouses and children (under age 21) of U.S. lawful permanent residents (LPRs), we do not foresee that any V visas will be issued, since potential applicants will not meet the criteria explained below.

I understand what the V visa is. I just want to know what are the chances of getting the B visa (visit/tourist)

[bigdog 376]

In response a B Visa is for business, I thought you were inquiring about your wife? Business Visitor Visas (B-1) - For example, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business visitor visa (B-1) would be the appropriate type of visa for your travel. After reviewing this website information, should you need additional information about business related (B-1) visitor visas; select Business Travel to the United States – What Type of U.S. Visa Will You Need.

[jojolicious 38]

In order for her to qualify for a B2 she will have to show strong ties to her country and even then it may be difficult for her to prove a lack of immigrant intent since she has an LPR husband. Nothing beats trying though and it will be ultimately up to IO she gets at her interview.

[iamwhatiam80 92]

@jojolicious

Thanx for the reply. I understand your point. But dont you think that a positive factor is the fact that I did not file for her greencard which in itself proves a lack of immigrant intent.

In order for her to qualify for a B2 she will have to show strong ties to her country and even then it may be difficult for her to prove a lack of immigrant intent since she has an LPR husband. Nothing beats trying though and it will be ultimately up to IO she gets at her interview.

[NancyNguyen 1,657]

@jojolicious

Thanx for the reply. I understand your point. But dont you think that a positive factor is the fact that I did not file for her greencard which in itself proves a lack of immigrant intent.

The fact is that I-130 shows her intention of immigration already. Your wife can try, it won't hurt anything except the pocket.

[jojolicious 38]

It depends on how long you've been married, when you qualify for naturalization in order for the fact that you haven't petitioned for her yet to defeat the IO's presumption of immigrant intent.

I think the wife of a USC applying for a B2 would have a harder time than the wife of an LPR because an LPR has limited options when it comes to filing for a relative. If you've been married for a long time without filing for her then that could be seen as a positive factor but it all comes down to the IO she gets.

I think the decision will already be made before she gets to the window and it could go either way. There are some people who didn't get it on the first try who got it on the second or third try too. I wish you both all the best though. Let us know how it goes.

[iamwhatiam80 92]

You did not read my post correctly. I have NOT applied her I-130 yet.

The fact is that I-130 shows her intention of immigration already. Your wife can try, it won't hurt anything except the pocket.

[iamwhatiam80 92]

I have provided my wife with I-134, my US bank statements, invitation letter, copies of pay stubs, copies of 3 years of tax returns and employment letter. Is this enough for her?

She is not taking any financial documents from her side. I will be her sponsor. Is this OK?

[Noah Lot 391]

I have provided my wife with I-134, my US bank statements, invitation letter, copies of pay stubs, copies of 3 years of tax returns and employment letter. Is this enough for her?

She is not taking any financial documents from her side. I will be her sponsor. Is this OK?

First, there is no such thing as 'sponsoring' a tourist visa applicant; second, everything you posted neither says nor proves nothing about why she would leave the US after a visit...if anything, it seems to underscore the fact that she has no reason to leave....and the fact that you might not have filed an I-130 is moot....after all, you are the spouse....what possible stronger motive might she have to return? (besides the ever popular elderly parents who need her care, but can somehow manage on their own during her absence)....and you could file an I-130 ten minutes after she arrives, while applying for a COS to F1 status so she can 'study' baskeetweaving or some other equally challenging subject....

Edited January 17, 2012 by Noah Lot

[jojolicious 38]

She has to take her own financial documents and proof of strong ties eg. gainful employment, ownership of assets, immediate family still resident in the home country, membership in organisations, her bank statements etc. Things that show that she would most likely return if granted a tourist visa.

You don't need to give her your financials because she has to qualify on her own. The letter of invitation is not really necessary. They will ask her who she will stay with and who will be purchasing her ticket on the application.

What country is she in?

[aleful 1,905]

You did not read my post correctly. I have NOT applied her I-130 yet.

not yet, but you could in the future. she has to convince the IO that she will no come and overstay showing strong ties, that she will return. If you become a USC, she could adjust status in the US, overstay is forgiven.

it's not impossible, but not easy.

[jojolicious 38]

not yet, but you could in the future. she has to convince the IO that she will no come and overstay showing strong ties, that she will return. If you become a USC, she could adjust status in the US, overstay is forgiven.

it's not impossible, but not easy.

Precisely. That's why it's important to know how far away he is from naturalisation.

[iamwhatiam80 92]

Her elderly parents and my elderly parents can manage with or without her.. Thats not the point. I cannot file an I-130 ten minutes after she comes here..coz I have my own reasons not to file for her as of now. And she does not have to change her status to F1 coz she already is a masters degree holder and a qualified teacher back home. The only reason I am doing this is because i want her to stay here with me for sometime and then leave. Period.

First, there is no such thing as 'sponsoring' a tourist visa applicant; second, everything you posted neither says nor proves nothing about why she would leave the US after a visit...if anything, it seems to underscore the fact that she has no reason to leave....and the fact that you might not have filed an I-130 is moot....after all, you are the spouse....what possible stronger motive might she have to return? (besides the ever popular elderly parents who need her care, but can somehow manage on their own during her absence)....and you could file an I-130 ten minutes after she arrives, while applying for a COS to F1 status so she can 'study' baskeetweaving or some other equally challenging subject....