Tourist visa compatible with IR1 application?

[Ajkauffman 0]

Hello all,

Hopeing someone here can help me with what may be a very simple query (I hope). I have applied for a IR1 visa (using Form I-130) for my wife. We are awaiting processing and in the meantime want to visit the States for a short vacation. Can she apply for the visa waiver program for a tourist visa (while the IR1 app is pending) and will that have any implications on her IR1 application?

Thanks so much for your help!

Thanks,

Jeff

[JohnR! 5,495]

If she belongs to a VWP country she does not need a visa. She can travel on her ESTA, unless she was denied one in which case she would need a visa.

There is no law prohibiting tourism while she waits for her paperwork to be processed, but ultimately the decision to admit her into the US falls on the CBP at the POE, whose decision is both discretionary and final.

Good luck!!!

[Harsh_77 718]

To add to what Gegel said if your wife has to apply for tourist visa than decision would be with officer at Consulate either to grant a visa or not.

Your wife would be required to show very strong ties to her home country in order to get a tourist visa while being married to USC.

Most of the similar cases the B1/2 is rejected just and fyi be prepared for that.