Visit visa for spouse while I-130 is pending

[barath20 1]

Hi VJ,

Thanks for your all help.

is it ok to apply visit visa for spouse while I-130 is pending? is there any draw back for this step or is it possible to get the visit visa?

has anyone ever tried that?

Thanks for your input and reply.

[jaycali 415]

As far as I know, and correct me if I'm wrong, I don't you can apply for one visa while you have another one processing.

I think you can only visit if you already hold a B-1/2 visa, or are eligible to travel visa-free as in Visa Waiver Program.

[Boiler 45,516]

is it ok to apply visit visa for spouse while I-130 is pending?

Yes

is there any draw back for this step or is it possible to get the visit visa?

No and yes.

has anyone ever tried that?

Yes

[Ryan H 3,812]

is it ok to apply visit visa for spouse while I-130 is pending? is there any draw back for this step or is it possible to get the visit visa?

You don't apply for a visit visa, your spouse does (should your spouse choose to do so). Your spouse can apply for one, however, it is highly unlikely your spouse will be issued one.

[foobaz123 39]

Yes

No and yes.

Yes

Your answer about it being possible is correct for VWP countries. For the rest of the world, the odds of getting a 'visit visa' are exceedingly low in the first place. The odds of getting one with a pending I-130, or even I-129F, are basically zero. The reason for this is simple. VWP country people simply have to prove they'll go home at POE (assuming they are even asked), which seems to be infinitely easier than at a visa interview where they generally won't listen to what you're saying anyway.

Anyone is free to apply of course. They should just know that what they're really doing is making a 150USD donation to the Department of State so they can tell you no.

As far as I know, and correct me if I'm wrong, I don't you can apply for one visa while you have another one processing.

I think you can only visit if you already hold a B-1/2 visa, or are eligible to travel visa-free as in Visa Waiver Program.

You can apply. However, if you're not from a VWP country then your odds of getting one were already low. They drop to basically zero with an I-130/I-129F in progress.

[mike411 15]

This is what I see from people in China. Spouse get denied for a Visitor Visa she will almost guarantee denial for the Immigrant Visa later.

[foobaz123 39]

This is what I see from people in China. Spouse get denied for a Visitor Visa she will almost guarantee denial for the Immigrant Visa later.

Well, I don't know about that. I've never heard of someone denied an immigrant visa purely because they were previously refused a visitor visa. Given how frequently people try things in that order, if that were the case I think we'd see far more IV visa denials than we already do.

[Boiler 45,516]

Your answer about it being possible is correct for VWP countries. For the rest of the world, the odds of getting a 'visit visa' are exceedingly low in the first place. The odds of getting one with a pending I-130, or even I-129F, are basically zero. The reason for this is simple. VWP country people simply have to prove they'll go home at POE (assuming they are even asked), which seems to be infinitely easier than at a visa interview where they generally won't listen to what you're saying anyway.

Anyone is free to apply of course. They should just know that what they're really doing is making a 150USD donation to the Department of State so they can tell you no.

You can apply. However, if you're not from a VWP country then your odds of getting one were already low. They drop to basically zero with an I-130/I-129F in progress.

My answers were factual, yours were speculative based on your own personal experience which may have no bearing on the OP's situation.

Nearly 4,000,000 B Visa's were issued in 2010.

[foobaz123 39]

My answers were factual, yours were speculative based on your own personal experience which may have no bearing on the OP's situation.

Nearly 4,000,000 B Visa's were issued in 2010.

My answers were based on fairly extensive and near constant observation over the last two years and reading stories posted much older than that. It is well documented and clear.

In general, a person coming from a non-VWP country already has a slim chance of getting a B2 visa unless certain well known factors are in place. The most common involve corporate sponsorship and/or incredible ties to the home country. VWP people can, practically, hop a plane and come over any time they want regardless of the situation primarily because they don't have to go through the interview process and merely have to prove their case at POE. Assuming they are even asked at that point, the odds of getting sent back are damned slim.

I wouldn't care if a billion B visas were issued in 2010 the facts are the facts. What's more, you break down that number and you'll probably find the vast majority are either dual use (business/tourism) sponsored by a company or from countries that aren't yet VPW but may as well be.

The short version of all that is this: The odds of a person from India getting a visitor's visa without corporate sponsorship is practically zero. The odds of getting one while married to a USC (who isn't also in India) is as close to zero as can be. That's not merely my experience, that's the reported experience time and time and time and time again.

Edited February 6, 2012 by foobaz123

[Boiler 45,516]

Visitor Visa's can not be sponsored for the US. I believe they can for other countries.

About 1,250,000 B1/2 Visa's were refused in the same period.

VisaJourney cases are hardly representative.

I have no idea whether an application would be successful, nor do you.