Visitor visa while I-130 and K-3 are in process?

[Aditi & Vasu 0]

Hello all. This is my first post and thank you for being such a great resource in my visa journey.

I (Vasu) am a USC. My wife (Aditi) is an Indian citizen living in Kolkata. I have petitioned for her I-130 as well as K-3 and have recd NOA1 on the K-3 2 weeks ago.

Aditi applied at the Kolkata consulate for a visitor visa with supporting docs that clearly indicated our I130 and K-3 status. After a few questions she was issued a 6 week single entry visa and she is planning to come over on the 14th of November and she will return Dec 22nd

Is this OK , or does this pose a risk in the approval of the I130 and/or K3? Has anyone any advice/experience?

Please let me know... I am quite confused about whether this is a good thing or a not so good thing...

Thank you so much

Vasu

Time line-

I-130

Recd 9/20/06

I-129F K-3

Sent 9/29

NOA 1 10/4

Case online reports "updated date" of 10/16

Visitor Visa

Applied in Kolkata

6 week single entry visa issued 10/17

[kitkat1 5]

It's a good thing because you will be together! Having/using a visitor visa has no impact on the petition process. But keep in mind that she should be well-armed with evidence to prove her ties to her country and her intent to return in the event she is questioned about this at the POE. She should try to avoid using the word "husband" if possible. Good luck.

[riblet 0]

I concur with the previous poster except to emphasize (not that the opposite was said) - that she should answer all questions completely honestly. If they ask her about you she should admit that you are married. But definitely have evidence that she is going back. Enjoy your visit!

It's a good thing because you will be together! Having/using a visitor visa has no impact on the petition process. But keep in mind that she should be well-armed with evidence to prove her ties to her country and her intent to return in the event she is questioned about this at the POE. She should try to avoid using the word "husband" if possible. Good luck.

[Aditi & Vasu 0]

I concur with the previous poster except to emphasize (not that the opposite was said) - that she should answer all questions completely honestly. If they ask her about you she should admit that you are married. But definitely have evidence that she is going back. Enjoy your visit!

It's a good thing because you will be together! Having/using a visitor visa has no impact on the petition process. But keep in mind that she should be well-armed with evidence to prove her ties to her country and her intent to return in the event she is questioned about this at the POE. She should try to avoid using the word "husband" if possible. Good luck.

Thank you kitkat1 and riblet for chiming in. Aditi will be bringing the paperwork that she used for her visitor visa application including the docs that show our i130 and k-3 status. Not so sure how she can avoid using the word "husband" We're going to be completely honest in our answers, needless to say. I'm just hoping they dont turn her away at the POE in Newark airport. Fingers crossed.... We really are looking to spend more time with each other, spend Thanksgiving together, and the opportunity I have in showing her New York City very soon.

[kitkat1 5]

Be sure to have her include things like proof of property (lease/mortgage), letter from employer indicating when she has to return, evidence of bank account, family ties, or any other ties to her home country.As far as I know, copies of the petitions or K3 status would not be necessary and could be counterproductive since they prove "immigrant intent" - the opposite of what you need to prove. Hope it all works out!

[Yodrak 7]

My sense is that these types of evidence are all pretty useless in the case of people who have embarked on a K or immigrant visa process. The visa applicant or visa holder has made it quite clear that these ties do not bind them to their home country, that they intend to break them all and immigrate to the USA.

Rather, what is critical, is evidence that the purpose of the specific proposed visit is limited in nature, consistent with the proposed duration of the visit, will not cause the alien to remain in the USA beyond the proposed duration, and, being a fiance(e) or spouse, consistent with a longer range intent of immigrating on a future entry not the current entry. In other words, concentrate on the purpose of the visit.

See 9 FAM 41.31 (Temporary Visitors) Notes N3.1, N3.2, and particularly N14.1-1.

Yodrak

Be sure to have her include things like proof of property (lease/mortgage), letter from employer indicating when she has to return, evidence of bank account, family ties, or any other ties to her home country.As far as I know, copies of the petitions or K3 status would not be necessary and could be counterproductive since they prove "immigrant intent" - the opposite of what you need to prove. Hope it all works out!

[MPGGPM 0]

I am sure it has no bearing on whether your wife gets approved or not. Plenty of people visit the USA (on a tourist visa or through the "visa waiver program" if their country is lucky enough to be a part of it.)

I think Yodrak's last reply was a good one, in the sense that at that point that it is obvious that you intend to immigrate, to show "ties" etc to your home country....will only go so far.

They know your spouse is married...has a husband in the USA, and has every intention of immigrating at that point. So, you will have to think of things that will help to convince the people at the POE that your wife, even though she has every intention of immigrating here to the USA, will return. That's a tough task. And Yodrak's point of showing "bank statements" etc......will only go so far.

I would think at the point that you are in , you should be trying to think of things that show the POE that even though your wife intends to immigrate, there is more value in her returning...than staying.

Perhaps at that point....like my own wife who will come in December, you can try to provide documents that show that you are going through the process.....legally...and show them that your wife will be doing AOS overseas. Maybe bring copies of everything USCIS or the NVS has sent you, so that you can convince them that there is more for you/her to gain by returning, than staying.

In either case...bear in mind that this process is VERY arbitrary. No matter what you show, she could be returned. (I have seen other people denied...and even then....it did not effect their case much).

There really is no foolproof way.

There was a case of one woman who posted here....who showed every bit of evidence to the POE that she could, that her k-3 was approved etc.....and that she had every intention of returning home to finish the process.

She STILL got denied entry (although......her k-3 interview still went well a month later)..........because the officer at the POE decided to interpret the law his own way, and tell her that since her k-3 was approved, she could not enter.

He must have known she'd return...and had more to gain by returning. Still...he denied her.

So.......

Bottom line......there is no way to "prove " your spouse will not stay......no matter what you try to do.

It all depends on the officer she meets at the POE.

Either way however, I don't think it will be the deciding factor in your wife's AOS process. She should be fine either way. Whether she is allowed to enter the US to visit you or not.

You just have to be prepared for the fact that even though she got a tourist visa....she may still not gain entry into the USA.

Good luck.

Edited October 20, 2006 by MPGGPM

[zimmy33 0]

Hello,

I think it must be very arbitrary, depending on the border guard you get.

Just last month I went to the US, and was questioned at the airport. For some reason, the guard asked me whether or not my husband and I had started the process for the visa (never been asked that before).

I truthfully answered, "yes". Up to that point, I could tell he was simply going to let me cross without any issues. As soon as I answered "yes", I could see the wheels turning in his head, and potentially being denied entrance.

So then, I quickly added, "but I have my greencard interview next month in Montreal". To be honest with you, I had mixed up the greencard and K-3 visa processes at that time and really DID think it was a greencard interview. It was actually my K-3 interview.

Anyways, that seemed to satisfy him, and he basically stamped all my stuff, and wished me well. Easy peasy.

I usually carry all info showing intent to return back to Canada... but never carry any info on me regarding my applications to immigrate to the US.

[Aditi & Vasu 0]

Thank you all for your replies. Since my wife quit her job a few months ago, its going to be a bit tough to show that she intends to return at the end of December with me. We have a religious ceremony to perform in India in December - but to prove that beyond doubt is going to be our tough task. We have tickets - both international and india domestic, can have a few family members write letters and so on , but I would think that these are far off from being air-tight and conclusive "proofs"

In the end, the guy at Newark airport just needs to be able to trust my wife's intent. Perhaps she can hold off on specifying that a K-3 is pending approval until he asks her, or declaring that she is visting her husband until he asks her, but I think these questions will eventually be raised by any half competent border guard

[kim&james 0]

well you seem to have all the facts so I will just say good luck and best wishes. I hope it all works out for you and your wife to get to spend some time here before returning to India for your ceremony!

[Fable090 0]

well you seem to have all the facts so I will just say good luck and best wishes. I hope it all works out for you and your wife to get to spend some time here before returning to India for your ceremony!

Hello all. This is my first post and thank you for being such a great resource in my visa journey.

I (Vasu) am a USC. My wife (Aditi) is an Indian citizen living in Kolkata. I have petitioned for her I-130 as well as K-3 and have recd NOA1 on the K-3 2 weeks ago.

Aditi applied at the Kolkata consulate for a visitor visa with supporting docs that clearly indicated our I130 and K-3 status. After a few questions she was issued a 6 week single entry visa and she is planning to come over on the 14th of November and she will return Dec 22nd

Is this OK , or does this pose a risk in the approval of the I130 and/or K3? Has anyone any advice/experience?

Please let me know... I am quite confused about whether this is a good thing or a not so good thing...

Thank you so much

Vasu

Time line-

I-130

Recd 9/20/06

I-129F K-3

Sent 9/29

NOA 1 10/4

Case online reports "updated date" of 10/16

Visitor Visa

Applied in Kolkata

6 week single entry visa issued 10/17

Hello all. This is my first post and thank you for being such a great resource in my visa journey.

I (Vasu) am a USC. My wife (Aditi) is an Indian citizen living in Kolkata. I have petitioned for her I-130 as well as K-3 and have recd NOA1 on the K-3 2 weeks ago.

Aditi applied at the Kolkata consulate for a visitor visa with supporting docs that clearly indicated our I130 and K-3 status. After a few questions she was issued a 6 week single entry visa and she is planning to come over on the 14th of November and she will return Dec 22nd

Is this OK , or does this pose a risk in the approval of the I130 and/or K3? Has anyone any advice/experience?

Please let me know... I am quite confused about whether this is a good thing or a not so good thing...

Thank you so much

Vasu

Time line-

Hi there, I know this can be a worrying question, as had an I129 approved stateside in August and had planned to go visit my wife in California for the birth of our dughter in September. I had read all sorts of horror stories on forums about people who had been approved and visa was pending and they had been refused entry on arrival. I took a letter from my Account Manager and letter from my HR dept both stating I was employed and expected back at work in October. I also took all evidence of ownership of things I have in the UK along with copies of all the forms filed stateside for my K3 and CR/1. I was very nervous on arriving at LAX airport but it was all needless as when it was my turn for the pasport control officer they took my fingerprint , a photo. asked what the purpuse of my visit was to which I replied pleasure, they then asked where I was staying to which I said at my fatherinlaw's. My passprt was then stamped and I was told have a nice visit.

A big sigh of relief then came from me as I walked to baggage collection.

Good luck with your other halfs visit.

I-130

Recd 9/20/06

I-129F K-3

Sent 9/29

NOA 1 10/4

Case online reports "updated date" of 10/16

Visitor Visa

Applied in Kolkata

6 week single entry visa issued 10/17

[Aditi & Vasu 0]

Thank you so much all for the good thoughts and encouraging words

[Aditi & Vasu 0]

Thought I would update this thread - to complete the loop , so to speak.

Aditi, my wife, came to Newark, NJ on her visitor's visa yesterday. SHe informs me that all that the immigration officer asked her was where she would live, when she would return, and whether her spouse was American. She was not even asked to produce any documentation other than her passport and immigration form that she filled out on the flight over.

However, Aditi was prepared (just in case) with the following:

1. Our return tickets from NJ to India on Dec 21st

2. A quick verbal appeal in case she was rejected - essentially to say that the religious ceremenoy that we would be going to India for was very important for both of us, and teh officer could only give her an I-94 valid only until that date if he so wished.

I am hugely relieved. If you or your spouse are waiting for your K3 etc I would encourage you to try getting a temporary visitors visa. Ofcourse, check with a lawyet if your case is complicated and so on.. but on the surface a visitors visa isnt as complicated as I initially imagined it would be.

[Seija 0]

My sense is that these types of evidence are all pretty useless in the case of people who have embarked on a K or immigrant visa process. The visa applicant or visa holder has made it quite clear that these ties do not bind them to their home country, that they intend to break them all and immigrate to the USA.

Rather, what is critical, is evidence that the purpose of the specific proposed visit is limited in nature, consistent with the proposed duration of the visit, will not cause the alien to remain in the USA beyond the proposed duration, and, being a fiance(e) or spouse, consistent with a longer range intent of immigrating on a future entry not the current entry. In other words, concentrate on the purpose of the visit.

Yodrak

Yodrak,

Can you please send me a link to "See 9 FAM 41.31 (Temporary Visitors) Notes N3.1, N3.2, and particularly N14.1-1."

[milimelo 4,481]

Yodrak,

Can you please send me a link to "See 9 FAM 41.31 (Temporary Visitors) Notes N3.1, N3.2, and particularly N14.1-1."

You're resurrecting 5-year old thread and asking a member who was NOT on this board since 2007 for a link?

Just googling what he referenced I was able to find the information. I imagine you can do the same.