I-130 Petition Approved, want to visit U.S. on B2 visa

[downunder301 0]

My I-130 petition was approved (NOA2) and we are now in the NVC stage and have 2-3 months to go before we get the immigrant visa. I need to find a house to buy and a school for our daughter to attend before we finally come over. We also want to visit some friends. We have no intention to stay, have strong ties back to our home country and will complete the final stage of the CR1 process at our consulate.

Questions I have on obtaining the B2 visa:

1) How will the fact that I have an immigrant visa in process impact my ability to get a B2 visa? What sort of evidence should I be prepared to show?

2) Since the I-130 petition was approved will this make it any difference?

Thanks

[Ning 619]

My I-130 petition was approved (NOA2) and we are now in the NVC stage and have 2-3 months to go before we get the immigrant visa. I need to find a house to buy and a school for our daughter to attend before we finally come over. We also want to visit some friends. We have no intention to stay, have strong ties back to our home country and will complete the final stage of the CR1 process at our consulate.

Questions I have on obtaining the B2 visa:

1) How will the fact that I have an immigrant visa in process impact my ability to get a B2 visa? What sort of evidence should I be prepared to show?

2) Since the I-130 petition was approved will this make it any difference?

Thanks

# 1) You wont be granted a tourist visa. I went thru this exact thing & strongly advise you to save your time & money. If you just wont accept this advise just pay the fee & step up to the window. They will explain to you that your ties are stronger to your husband once you enter the USA. That over comes any evidence that you could possibly submit indicating otherwise. Your intentions dont matter to them.

# 2) Yes. That pending petition will insure you are denied. It shows intent to immigrate. Even if you got a tourist visa you would be denied entry at the POE. The visa would only allow you to exit Thailand. The POE is where the real entry questions occur.

[downunder301 0]

# 1) You wont be granted a tourist visa. I went thru this exact thing & strongly advise you to save your time & money. If you just wont accept this advise just pay the fee & step up to the window. They will explain to you that your ties are stronger to your husband once you enter the USA. That over comes any evidence that you could possibly submit indicating otherwise. Your intentions dont matter to them.

# 2) Yes. That pending petition will insure you are denied. It shows intent to immigrate. Even if you got a tourist visa you would be denied entry at the POE. The visa would only allow you to exit Thailand. The POE is where the real entry questions occur.

An important point of clarification as it might make a significant difference based on how you explained your situation. My husband does not live in the U.S. nor is he a resident of the U.S. as we are both residents of Belgium. Every time he goes back to the U.S. on business the customs agent somehow knows he does not live in the U.S. as they ask him about Belgium. He is being relocated back from abroad and we have evidence to show that his assignment will keep him in Belgium. If my husband lived in the U.S. I could understand the embassy having this concern but it makes no difference in this situation as my ties would not be any stronger. I could also not travel at the same time as him and they could see he was not even in the country with me.

[NancyNguyen 1,658]

An important point of clarification as it might make a significant difference based on how you explained your situation. My husband does not live in the U.S. nor is he a resident of the U.S. as we are both residents of Belgium. Every time he goes back to the U.S. on business the customs agent somehow knows he does not live in the U.S. as they ask him about Belgium. He is being relocated back from abroad and we have evidence to show that his assignment will keep him in Belgium. If my husband lived in the U.S. I could understand the embassy having this concern but it makes no difference in this situation as my ties would not be any stronger. I could also not travel at the same time as him and they could see he was not even in the country with me.

They just won't care, there are zillion excuses people giving at the interviews that they would return, they still stay. Save some money and be patient.

[Ning 619]

An important point of clarification as it might make a significant difference based on how you explained your situation. My husband does not live in the U.S. nor is he a resident of the U.S. as we are both residents of Belgium. Every time he goes back to the U.S. on business the customs agent somehow knows he does not live in the U.S. as they ask him about Belgium. He is being relocated back from abroad and we have evidence to show that his assignment will keep him in Belgium. If my husband lived in the U.S. I could understand the embassy having this concern but it makes no difference in this situation as my ties would not be any stronger. I could also not travel at the same time as him and they could see he was not even in the country with me.

These cases are always so interesting. The USC doesnt live in the USA & in fact is being assigned further employment in Belgium. This could cause huge problems when it comes to the future dealings with USCIS.

If you attempt an interview for a tourist visa you can try explaining why you want to go to the USA to buy a house & find your child a school. Then try convincing them your ties are stronger to Thailand while you are a resident of Belgium.

I tried 3 times to get a tourist visa. My husband lived in Thailand as a tourist & was standing right there when I interviewed. During the last attempt he asked them to better explain why they wouldnt grant me a tourist visa. The officer said " Your docs are perfect & I believe you would return but we are not allowed to issue tourist visa to people with USC husbands". He went on to say " if you did have such a visa with a immigration based petition pending you wouldnt be granted entry at the POE". I didnt have a pending petition then but when my husband heard this he began the process to get myself & daughters K 3 & 4 visas. He said we would now do what it took to become USCs so we were free to do what we wanted. We gave up our idea of living in Thailand. The best decision we have ever made.

Again the only way you will ever know is to pay the fee & step up to the window. I hope you succeed. If so please take time to post your experiance here to help others.

[Dakine10 5,452]

During the last attempt he asked them to better explain why they wouldnt grant me a tourist visa. The officer said " Your docs are perfect & I believe you would return but we are not allowed to issue tourist visa to people with USC husbands". He went on to say " if you did have such a visa with a immigration based petition pending you wouldnt be granted entry at the POE".

Wow. Granted you may not have been allowed entry at the point of entry, but the officer actually flat out lied to you about not being allowed to issue the visa. If only he had read his manual.

9 FAM 41.31 N14.3 Spouse or Child of U.S. Citizen or Resident Alien

(CT:VISA-701; 02-15-2005)

An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien may be classified as a nonimmigrant B-2 visitor if the purpose of the travel is to accompany or follow to join the spouse or parent for a temporary visit.

[downunder301 0]

Wow. Granted you may not have been allowed entry at the point of entry, but the officer actually flat out lied to you about not being allowed to issue the visa. If only he had read his manual.

9 FAM 41.31 N14.3 Spouse or Child of U.S. Citizen or Resident Alien

(CT:VISA-701; 02-15-2005)

An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien may be classified as a nonimmigrant B-2 visitor if the purpose of the travel is to accompany or follow to join the spouse or parent for a temporary visit.

Doesn't surprise me. Thailand is a special animal when it comes to visa processing and the agents make up stories to justify their position. U.S. tourist visa's in Thailand are extremly hard to get and the bar you have to pass is a lot higher than other countries. We knew many that tried even with good jobs and they just got turned down. Also, on entry to the U.S. the customs agents are well aware of the Asian flights coming in and they srutinize the passengers a lot more than flights coming in from other countries. Having a Thai wife and dealing with getting visa's to other countries when she lived in Thailand was a nightmare. Now when we apply for the same visa (have not tried the US yet) we just apply at the embassy in Belgium and show them our Belgium residency card and it is 10x easier. Sad they have different standards by which they apply the rules but I guess they are going after the high risk countries a lot more.

[downunder301 0]

Wow. Granted you may not have been allowed entry at the point of entry, but the officer actually flat out lied to you about not being allowed to issue the visa. If only he had read his manual.

9 FAM 41.31 N14.3 Spouse or Child of U.S. Citizen or Resident Alien

(CT:VISA-701; 02-15-2005)

An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien may be classified as a nonimmigrant B-2 visitor if the purpose of the travel is to accompany or follow to join the spouse or parent for a temporary visit.

I thought this was very interesting in the FAM handbook as well. It clearly states they can issue a tourist visa with immigrant applications pending:

9 FAM 41.31 N17 AUTHORITY TO CLASSIFY CERTAIN VISAS “B-1/B-2” AND AMOUNT OF FEES TO BE COLLECTED

(CT:VISA-1034; 09-24-2008)

a. You may properly issue B-1/B-2 visitor visas to aliens with immigrant visa (IV) applications pending with the United States Citizenship and Immigration Services (USCIS). You must be satisfied that the alien’s intent in seeking entry into the United States is to engage in activities consistent with B-1/B-2 classification for a temporary period and that the alien has a residence abroad which he or she does not intend to abandon. While immigrant visa registration is reflective of an intent to immigrate, it may not be proper for you to refuse issuance of a visa under INA 214(b) solely on the basis of such registration, unless you have reason to believe the applicant’s true intent is to remain in the United States until such a time as an immigrant visa (IV) becomes available.

[Dakine10 5,452]

I thought this was very interesting in the FAM handbook as well. It clearly states they can issue a tourist visa with immigrant applications pending:

9 FAM 41.31 N17 AUTHORITY TO CLASSIFY CERTAIN VISAS “B-1/B-2” AND AMOUNT OF FEES TO BE COLLECTED

(CT:VISA-1034; 09-24-2008)

a. You may properly issue B-1/B-2 visitor visas to aliens with immigrant visa (IV) applications pending with the United States Citizenship and Immigration Services (USCIS). You must be satisfied that the alien’s intent in seeking entry into the United States is to engage in activities consistent with B-1/B-2 classification for a temporary period and that the alien has a residence abroad which he or she does not intend to abandon. While immigrant visa registration is reflective of an intent to immigrate, it may not be proper for you to refuse issuance of a visa under INA 214(b) solely on the basis of such registration, unless you have reason to believe the applicant’s true intent is to remain in the United States until such a time as an immigrant visa (IV) becomes available.

Yes it seems going by the guidelines that it shouldn't be so hard to get a B2 in this case, although in practice it does seem to be difficult.

There is also a section in the FAM the says they can not deny the B2 based only on the suspicion that someone might change there mind and remain in the US, but they seem to do this a lot too.

[Noah Lot 391]

I thought this was very interesting in the FAM handbook as well. It clearly states they can issue a tourist visa with immigrant applications pending:

9 FAM 41.31 N17 AUTHORITY TO CLASSIFY CERTAIN VISAS “B-1/B-2” AND AMOUNT OF FEES TO BE COLLECTED

(CT:VISA-1034; 09-24-2008)

a. You may properly issue B-1/B-2 visitor visas to aliens with immigrant visa (IV) applications pending with the United States Citizenship and Immigration Services (USCIS). You must be satisfied that the alien’s intent in seeking entry into the United States is to engage in activities consistent with B-1/B-2 classification for a temporary period and that the alien has a residence abroad which he or she does not intend to abandon. While immigrant visa registration is reflective of an intent to immigrate, it may not be proper for you to refuse issuance of a visa under INA 214(b) solely on the basis of such registration, unless you have reason to believe the applicant’s true intent is to remain in the United States until such a time as an immigrant visa (IV) becomes available.

Note the key phrase "you must be satisfied...."...that means that the final decision is up to the VO, and also note that there are no specific documents, notarized or not, that are mentioned that would 'satisfy' a VO. The second sentence..."it may not be proper for you to refuse...." is not the same as "you must not refuse.." or " you cannot refuse..." -- remember, the VOs are primarly judging the intent of a tourist visa applicant...and intent is in the eye of the beholder (interviewer).

There is also a section of the FAM that states that an alien could use a B2 visa to travel to the US to marry his/her Amcit SO, as long as the applicant's intent is to depart the US later and file for the IV...of course, proving that would be difficult.

The real problem is this: all those mind changers who have fibbed to get a B2 visa, swearing up and down they will not remain in the US, but have a sudden and remarkable change of plans (that usually occurs at baggage claim) and file for AOS...I would propose a much simpler solution that might well result in more people qualifying for and obtaining tourist visas: namely, disallow ALL changes of status from B2 visas....no more mind changing..if you arrive as a tourist, leave as one. Increase the penalties for abuse and eliminate all waivers...in essence, enforce responsibility upon those who are not. These changes would not affect honest, bona fide travelers...it would only affect those whose true purpose of obtaining said visa is something else, so, take away that option and ramp up the downside for failing to abide by the terms of the visa privilege.

For example, overstay by even one day, that individual is barred from readmission for one year. period. No Waiver. No anything.

Overstay by 6 months to one year: barred for 5 years, no waiver, no anything.

Overstay by more than one year: 10 years, no waiver.

Some of you may think this sounds harsh, but before jumping to this conclusion, ask yourself....if an applicant is truly honest about their intentions and use their visas appropriately, then no harm can befall them. It's that simple.

If you fall in love moments after the wheels of the airplane kiss the runway, then return to your country and wait for the immigrant visa papers to be processed. If you want to study, go back home and seek a student visa. In other words, do what you said you were going to do....that is all.

With the current policy of waiving penalties and allowing relatively easy COS, the system is vulnerable to abuse, the VOs know this through their own experience, and thus are far more skeptical (and with good reason) when they hear the same story over and over.

Eliminate the opportunity for abuse, come down firmly on those who thumb their noses at our rules, and life would be simpler.

Edited February 28, 2012 by Noah Lot

[Noah Lot 391]

Note the key phrase "you must be satisfied...."...that means that the final decision is up to the VO, and also note that there are no specific documents, notarized or not, that are mentioned that would 'satisfy' a VO. The second sentence..."it may not be proper for you to refuse...." is not the same as "you must not refuse.." or " you cannot refuse..." -- remember, the VOs are primarly judging the intent of a tourist visa applicant...and intent is in the eye of the beholder (interviewer).

There is also a section of the FAM that states that an alien could use a B2 visa to travel to the US to marry his/her Amcit SO, as long as the applicant's intent is to depart the US later and file for the IV...of course, proving that would be difficult.

The real problem is this: all those mind changers who have fibbed to get a B2 visa, swearing up and down they will not remain in the US, but have a sudden and remarkable change of plans (that usually occurs at baggage claim) and file for AOS...I would propose a much simpler solution that might well result in more people qualifying for and obtaining tourist visas: namely, disallow ALL changes of status from B2 visas....no more mind changing..if you arrive as a tourist, leave as one. Increase the penalties for abuse and eliminate all waivers...in essence, enforce responsibility upon those who are not. These changes would not affect honest, bona fide travelers...it would only affect those whose true purpose of obtaining said visa is something else, so, take away that option and ramp up the downside for failing to abide by the terms of the visa privilege.

For example, overstay by even one day, that individual is barred from readmission for one year. period. No Waiver. No anything.

Overstay by 6 months to one year: barred for 5 years, no waiver, no anything.

Overstay by more than one year: 10 years, no waiver.

Some of you may think this sounds harsh, but before jumping to this conclusion, ask yourself....if an applicant is truly honest about their intentions and use their visas appropriately, then no harm can befall them. It's that simple.

If you fall in love moments after the wheels of the airplane kiss the runway, then return to your country and wait for the immigrant visa papers to be processed. If you want to study, go back home and seek a student visa. In other words, do what you said you were going to do....that is all.

With the current policy of waiving penalties and allowing relatively easy COS, the system is vulnerable to abuse, the VOs know this through their own experience, and thus are far more skeptical (and with good reason) when they hear the same story over and over.

Eliminate the opportunity for abuse, come down firmly on those who thumb their noses at our rules, and life would be simpler.

And for those of you who think I am some sort of curmudgeon, well, did I suggest that we close our borders? No. All I am suggesting is that if these changes were made, VOs would be far more likely to grant the visa privilege to more people, knowing that there are few options left for any applicant who has other plans that remain concealed during the interview. Wouldn't many of you wish that your friends and/or relatives could get tourist visas a bit more easily?

Edited February 28, 2012 by Noah Lot

[Dakine10 5,452]

The real problem is this: all those mind changers who have fibbed to get a B2 visa, swearing up and down they will not remain in the US, but have a sudden and remarkable change of plans (that usually occurs at baggage claim) and file for AOS...I would propose a much simpler solution that might well result in more people qualifying for and obtaining tourist visas: namely, disallow ALL changes of status from B2 visas....no more mind changing..if you arrive as a tourist, leave as one. Increase the penalties for abuse and eliminate all waivers...in essence, enforce responsibility upon those who are not. These changes would not affect honest, bona fide travelers...it would only affect those whose true purpose of obtaining said visa is something else, so, take away that option and ramp up the downside for failing to abide by the terms of the visa privilege.

For example, overstay by even one day, that individual is barred from readmission for one year. period. No Waiver. No anything.

Overstay by 6 months to one year: barred for 5 years, no waiver, no anything.

Overstay by more than one year: 10 years, no waiver.

Some of you may think this sounds harsh, but before jumping to this conclusion, ask yourself....if an applicant is truly honest about their intentions and use their visas appropriately, then no harm can befall them. It's that simple.

Actually I like the idea. Basically takes the immigrant intent out of the equation. Doesn't matter if you have it or not because you can't immigrate. Reduce the requirements back to foreign domicile, trip of specific limited duration, and purpose for legitimate business or pleasure. And must be otherwise admissable.

I think a lot of people would tend to agree with you. It won't solve everything - some people who abuse the process don't really think things through all that well to begin with, and those people will still end up overstaying, but it will deter some of the abuse. I think the majority of people asking for B2 entry really want to use the B2 for it's intended purpose and do plan to return home. I'm all for helping those people trying to do it right.

I would allow some limited possibility of waiver for overstay, but very few exceptions - for example severe illness and hospitalization. I wouldn't want to see people become inadmissible for something like that.

[Noah Lot 391]

Actually I like the idea. Basically takes the immigrant intent out of the equation. Doesn't matter if you have it or not because you can't immigrate. Reduce the requirements back to foreign domicile, trip of specific limited duration, and purpose for legitimate business or pleasure. And must be otherwise admissable.

I think a lot of people would tend to agree with you. It won't solve everything - some people who abuse the process don't really think things through all that well to begin with, and those people will still end up overstaying, but it will deter some of the abuse. I think the majority of people asking for B2 entry really want to use the B2 for it's intended purpose and do plan to return home. I'm all for helping those people trying to do it right.

I would allow some limited possibility of waiver for overstay, but very few exceptions - for example severe illness and hospitalization. I wouldn't want to see people become inadmissible for something like that.

Overstaying due to legitimate medical reasons could be 'forgiven' by USCIS...but the medical condition has to be more than an upset stomach. Overstaying to conclude one's pregnancy should carry a penalty if the mother in question leaves the American taxpayers with the bill. That person cannot return to the US until the taxpayers are reimbursed. And delays due to weather,etc....but no more 'I forgot to go home...' or ' I had no choice but to overstay..."...??(I've never understood that one!)

Admitting people for 6 months without question is also a mistake. The default should be similar to the VWP...and the arriving alien should have to make their case for wanting to stay longer, but the final say should rest with USCIS.

I really think that simplifying the regulations that govern tourist visas could improve the entire situation tremendously without impacting honest travelers....but I believe we really need a way to discourage mala fide travelers from abusing the visa privilege.

One could only imagine the reduction in spurious marriages that take place when a visa abuser is caught and about to be deported...it is amazing how quickly they manage to find the 'love of their life.', marry and promptly file for AOS. If we disallowed any AOS (except from the K1, which is designed for that purpose) and eliminate waivers for overstaying, then a visa abuser won't be able to find salvation at the altar....(or the No-Tell Motel and Chapel!)....and that is all I would ask of our legislators...open the program to bona fide tourists, shut the door on those who have decided not to play by our simple rules. Thanks for listening.

Edited February 28, 2012 by Noah Lot

[downunder301 0]

# 1) You wont be granted a tourist visa. I went thru this exact thing & strongly advise you to save your time & money. If you just wont accept this advise just pay the fee & step up to the window. They will explain to you that your ties are stronger to your husband once you enter the USA. That over comes any evidence that you could possibly submit indicating otherwise. Your intentions dont matter to them.

# 2) Yes. That pending petition will insure you are denied. It shows intent to immigrate. Even if you got a tourist visa you would be denied entry at the POE. The visa would only allow you to exit Thailand. The POE is where the real entry questions occur.

Tourist visa approved today for me and my daughter! They asked a few questions about the approved immigrant petition and I explained we are not ready to move back yet, want to visit in the meantime and they were OK. Showed some documents to prove intent to return but not that many. They were mainly focused on my husbands job in Belgium, how much he earned and that I was a resident of Belgium. When I asked if we should expect any problems at the point of entry they said no, just bring evidence to support your return, your residency and you will be fine.

[Harpa Timsah 13,258]

Good news!