IR1/CR1 & Tourist Visa

[Cesar & Cata 35]

HI VJ,

Wondering what your thoughts are on trying to get my wife to apply for a tourist visa. We all know how hard it is to be apart from a loved one, and this seems like a good way to see each other while the whole I130 cycle moves forward.

I know the basis under which tourist visas are granted are first to people who do not have any interest in overstaying thier allowed time in the country and second prove that they have the financial means to actually be tourists (travel, shop, stimulate the economy ).

So why would my wife be denied? My main interest is to have her here in NYC during the summer (for outings and stuff) and my birthday, she would obviously need to leave since the IR1/CR1 needs to be completed at her local US Embassy. We are a household of 2 (my wife and I) and I could sign a affidavit of support for a family of 12+, so financially we are good for travel and shopping. She is not planning on going to school or much less for her to come get a job, other concerns that CO's usually have when deterining who to approve or deny.

I don't expect for this to conflict with my I130, if she doesn't get the visa, then we continue to wait, if she gets it, she will come and stay the time allowed by the US or before if the IR1/CR1 becomes current.

What are your thoughts on this?

If we go through with this does any one have any ideas of what type of supporting documents/affidavits I can submit to further prove her stay in the US would be strictly temporary and as a tourist (no work, no study).

Thanks in advance for your thoughts,

CF

[Kazulie 132]

As soon as they find out she is married to a US citizen it's going to be a red flag and become very hard to get the visa.

They don't really care about the shopping and touristy things she'll be doing here. They care about what she has in her country that will bring her back to it.

You must prove strong ties to her country, not so much what she's going to do in the US.

[Julie y Pat 67]

For a tourist visa, the CO will start with the legal presumption of immigrant intent, and the I-130 you filed will back him/her up on this. She is married to an LPR, soon to be USC, congrats on that by the way, but you are her strongest tie to either Colombia or the US. She would have the almost impossible task to show that there are stronger ties to Colombia that would compel her to return. The interview at the consulate in Bogota won't help, because once you become USC, she can file for Adjustment of Status from inside the US, and forget about the IV interview. An employer letter will not help much, because it would say it's ok for her to take a few months off to go to the US, but we absolutely require her to return at the end of the summer for a few months until she finally moves to the US. What would happen if she didn't come back, they fire her in absentia? If I'm the CO, I might also be thinking, here's a newly married couple, going to spend a few months together for the summer in NYC, and then they will part ways again for an unknown length of time to complete the CR-1 process, when all they have to do is file for AOS and not have to be apart? From your point of view that you are financially stable seems like a positive, but in the CO's mind it would make it easier for her to overstay and/or file for AOS. I'm not saying it's impossible, but the strongest evidence does not strengthen your wife's ties to Colombia. You also have to keep in mind that if your wife were to get a B2, she would have to go through POE in the US, where a CBP officer could effectively overrule the CO's decision to issue the visa.

On my last flight to Colombia, I sat next to a guy who was in his sixties, US and Colombian citizen, whose wife lived in Colombia. He has property and business interests, somewhere in the Carolinas, I think, and in Colombia where his wife lives. Years ago, he filed for her, she got her visa, moved to the US, got her green card, everything was good. Only problem was she didn't like the US, gave up her residency and moved back to Colombia. Now for the last ten years she has been trying to get a tourist visa so she can go with her husband when he goes to US, but has been unsuccessful, because she is married to a US citizen. They don't even want to see anything she brings to show she won't overstay or AOS.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; topic is primarily regarding obtaining a tourist visa.

[Mononoke28 135]

She will be denied a tourist visa as soon as they find out that she's married to a US citizen. They know that spouses want to be together for obvious reasons so they want you to file for a CR/IR visa and wait for your interview date in your country. Giving you a tourist visa may make you want to stay in the US and potentially become an illegal resident, which is something they don't want.

Diana

[Boiler 45,519]

Plenty of people married to USC's travel travel to the US every day.

The biggest issue I see is Columbia, but try and let us know.

[rade2rising 205]

defintely worth trying but please dont get your hopes up too high

[Mononoke28 135]

Plenty of people married to USC's travel travel to the US every day.

The biggest issue I see is Columbia, but try and let us know.

Well, the problem here is that his wife does not have a tourist visa yet, if she had one already then sure, she would've been able to fly over until an interview is scheduled for her CR1 visa. But since she doesn't have one, she would have to go to the embassy to ask for one which will most likely be denied.

Diana

[Boiler 45,519]

Possibly, but the information available to the Consulate is significantly more than has been shared with us by the OP.

For the sake of the application fee he can find out for certain.

[Cesar & Cata 35]

Possibly, but the information available to the Consulate is significantly more than has been shared with us by the OP.

For the sake of the application fee he can find out for certain.

And this is my though exactly, I am going to wait until after my oath ceremony and will most likely try this out. I think it is well worth the $$, I'm not much of a gambler but there is a lot to gain if I can have my wife by my side for my B-day.

My wifes "tie back to Colombia" will have to be my moral character, I will be providing her with an I-134, sworn affidavit of support which under Q5 also explicitly hold me responsable for her return before her allowed visiting time is over. We have gone through the entire process as stated in USCI documents and laws, I feel her stay here would be inline with the visa we plan on requesting. However, I do see where the CO might think in the other direction, since they do need to rule out the intent to stay illegaly in the USA.

I understand this is not much more than a gamble (with pretty bad odds), but the way I see it, I can spend $300-$400 bucks and worse case scenario be in the same place I am now, waiting for NOA2, or I can have my wife here for a few weeks or even months to enjoy the summer and make the wait more bareable.

Thanks for all your comments and suggestions,

I will keep everyone posted on this thread.

CF

[Mononoke28 135]

I'm not much of a gambler but there is a lot to gain if I can have my wife by my side for my B-day.

This is true and the only person who will know for sure on a decision would be the CO in charge of approving or denying the application, and the only way to find out for sure is for your wife to go there in person.

Good luck with your process and please keep us posted!

Diana

[Harsh_77 718]

And this is my though exactly, I am going to wait until after my oath ceremony and will most likely try this out. I think it is well worth the $$, I'm not much of a gambler but there is a lot to gain if I can have my wife by my side for my B-day.

My wifes "tie back to Colombia" will have to be my moral character, I will be providing her with an I-134, sworn affidavit of support which under Q5 also explicitly hold me responsable for her return before her allowed visiting time is over. We have gone through the entire process as stated in USCI documents and laws, I feel her stay here would be inline with the visa we plan on requesting. However, I do see where the CO might think in the other direction, since they do need to rule out the intent to stay illegaly in the USA.

I understand this is not much more than a gamble (with pretty bad odds), but the way I see it, I can spend $300-$400 bucks and worse case scenario be in the same place I am now, waiting for NOA2, or I can have my wife here for a few weeks or even months to enjoy the summer and make the wait more bareable.

Thanks for all your comments and suggestions,

I will keep everyone posted on this thread.

CF

You can try, but your sworn affidavit does not hold much water.

You cannot force anyone to leave US, nor govt goes after you if your wife does not get on flight as per your affidavit.

Its as simple she can apply and she needs to show strong ties why she would return back to colombia.

You would be USC when she would apply, which means based on that once she enter US technically she can file for AOS and she will get AOS there is nothing that stops her from doing that and hence its really really difficult to get a new visa in your situation.