Visitation Visa for Spouse...

[trekkin2k7 0]

Was wondering if anyone knows probability if overseas spouse applies for visitation visa to come here and visit her husband, while the I-130 (spousal visa petition) process has just started, how does that work? What do they ask when someone applies for visitation visa?

And if they deny her visitation visa application, what effect might that have on the I-130 process?

Thanks much!

[Bumbero 130]

She can always apply for a visitors visa but from everything I have read it will be VERY difficult to obtain. Especially with a pending spousal petition. She would have to prove STRONG ties to her home country for them to consider it. It's not impossible but won't be easy at all for her.

Good luck!

[Ryan H 3,812]

Moved from K1 Process & Procedures to Tourist Visas forum.

[Ning 619]

Was wondering if anyone knows probability if overseas spouse applies for visitation visa to come here and visit her husband, while the I-130 (spousal visa petition) process has just started, how does that work? What do they ask when someone applies for visitation visa?

And if they deny her visitation visa application, what effect might that have on the I-130 process?

Thanks much!

The name of the country would help. She can apply for sure. Doubtful she would be approved. Even if the visa is granted she may not be granted entry at the POE when they realize she is married to USC and has pending 130. That 130 shows intent to immigrate which offsets any supposed stong ties to her country. He ties are to her husband once she enters the USA. I found this out first hand after my 3 attempts to get a tourist visa.

Applying, including a possible denial has no affect on her other petition.

[Noah Lot 391]

Was wondering if anyone knows probability if overseas spouse applies for visitation visa to come here and visit her husband, while the I-130 (spousal visa petition) process has just started, how does that work? What do they ask when someone applies for visitation visa?

And if they deny her visitation visa application, what effect might that have on the I-130 process?

Thanks much!

She will have to deal with this quandry: (a) "Oh, I don't want to immigrate and live with my husband"..(tourist visa)..(b).."I want to immigrate and live with my husband..."...which one will the VO believe?

[Boiler 45,501]

I visited while waiting.

[jaycali 415]

I visited while waiting.

Me too.

It's generally not a very big problem to visit if you're from Canada, a VWP country or already hold a valid B-2. Applying for a new B-2 visa while an immigrant visa is in process is virtually impossible.

Edited November 27, 2012 by Jay Jay

[Teddy B 17,252]

Was wondering if anyone knows probability if overseas spouse applies for visitation visa to come here and visit her husband, while the I-130 (spousal visa petition) process has just started, how does that work? What do they ask when someone applies for visitation visa?

And if they deny her visitation visa application, what effect might that have on the I-130 process?

Thanks much!

From everything I've read and seen posted on this site, it's a 50/50 shot for approval. Country of origin and ties to her homeland will play a big role, if she lives in a high fraud country, your chances will diminish. You've got nothing to lose by trying except the filing fees. A denial will not affect your current I-130. Good luck.

Edited November 27, 2012 by Teddy B

[Harsh_77 718]

You will not know until you apply, there is nothing wrong and it would not impact your exitsing application.

As most response said country of origin, other things like employment etc can play a part.

My B1/2 was approved while my petetion was pending but I never had to use it as I got my petetion moved and I got the interview for CR1 but B1/2 was approved.

[trekkin2k7 0]

Thank you much for the replies....I think it sounds like it won't do much harm to at least try, seeing that a spousal petition takes about a year to get approved, have to wait all that time in meantime....the country is Jordan.

Thanks!

[Ning 619]

Thank you much for the replies....I think it sounds like it won't do much harm to at least try, seeing that a spousal petition takes about a year to get approved, have to wait all that time in meantime....the country is Jordan.

Thanks!

I have my doubts that she will get it from Jordan but she wont know unless she tries. Keep in mind it is at the POE that entrance is actually granted.

I suggest you work with her to make sure she understands that it may be a good idea to be ready to show that she knows she has a pending petition but fully intends to return home to be interviewed for her CR1 visa. I would tell them I wouldnt do anything that would cause a delay in my getting my green card which is part of the CR1. That is exactly what would happen if you tried to do an AOS while she was in the USA. If they know she is that aware she will have a better chance I think.

Please take the time to report her situation later here on V J because it could help others in the future.

[Harsh_77 718]

Just an FYI just getting visa is not the only one hurdle, even if the visa is granted she can be refused entry at the port of entry.

She should be prepared for both.