Applying for a tourist visa while i130 is pending

[izabela 10]

After trying to find out in numerous ways the estimate time it will take for USCIS to approve our petition (it's already been 6.5 months since we filed), we have received no useful information. Therefore, I've decided to apply for a B2 tourist visa, because it's been six months since I last saw my husband. Unfortunately, he cannot come to Serbia right now, because he would lose his job in the States then. I have an appointment at the Belgrade Embassy on Tuesday and I am curious if anyone has done this kind of thing before. I would like to hear the experience of people who applied for a tourist visa while they had an i130 pending. Is there any chance to get it? Also, what is the best approach at the interview? I plan to tell them that I will have to come back to Serbia, because once the i130 is approved and goes through the NVC, I will have to be interviewed here, otherwise the immigrant visa will be cancelled (or won't it, I'm not absolutely sure about this?). In my opinion, it is quite a good reason to come back, but I know they don't think like other normal people I don't have a full-time job here, I work as a court interpreter, which means that I work when they call me. But I have an official government decision under which I was appointed and I plan to take that document with me to the interview. Is there anything else I could take which would increase my chances of getting the visa?

Any help is appreciated. Thank you

[awesome87 0]

its illegal to apply for b1 visa while waitng for i130 approval..u will get rejected

After trying to find out in numerous ways the estimate time it will take for USCIS to approve our petition (it's already been 6.5 months since we filed), we have received no useful information. Therefore, I've decided to apply for a B2 tourist visa, because it's been six months since I last saw my husband. Unfortunately, he cannot come to Serbia right now, because he would lose his job in the States then. I have an appointment at the Belgrade Embassy on Tuesday and I am curious if anyone has done this kind of thing before. I would like to hear the experience of people who applied for a tourist visa while they had an i130 pending. Is there any chance to get it? Also, what is the best approach at the interview? I plan to tell them that I will have to come back to Serbia, because once the i130 is approved and goes through the NVC, I will have to be interviewed here, otherwise the immigrant visa will be cancelled (or won't it, I'm not absolutely sure about this?). In my opinion, it is quite a good reason to come back, but I know they don't think like other normal people I don't have a full-time job here, I work as a court interpreter, which means that I work when they call me. But I have an official government decision under which I was appointed and I plan to take that document with me to the interview. Is there anything else I could take which would increase my chances of getting the visa?

Any help is appreciated. Thank you

B2 not B1

[dwheels76 5,468]

After trying to find out in numerous ways the estimate time it will take for USCIS to approve our petition (it's already been 6.5 months since we filed), we have received no useful information. Therefore, I've decided to apply for a B2 tourist visa, because it's been six months since I last saw my husband. Unfortunately, he cannot come to Serbia right now, because he would lose his job in the States then. I have an appointment at the Belgrade Embassy on Tuesday and I am curious if anyone has done this kind of thing before. I would like to hear the experience of people who applied for a tourist visa while they had an i130 pending. Is there any chance to get it? Also, what is the best approach at the interview? I plan to tell them that I will have to come back to Serbia, because once the i130 is approved and goes through the NVC, I will have to be interviewed here, otherwise the immigrant visa will be cancelled (or won't it, I'm not absolutely sure about this?). In my opinion, it is quite a good reason to come back, but I know they don't think like other normal people I don't have a full-time job here, I work as a court interpreter, which means that I work when they call me. But I have an official government decision under which I was appointed and I plan to take that document with me to the interview. Is there anything else I could take which would increase my chances of getting the visa?

Any help is appreciated. Thank you

First you have to realize you are already showing a desire to immigrant. saying you will come back for interview isn't a strong argument. Saying you don't have a steady job either.

Just bring that you are a government employee (That looks impressive I would think), an apt lease and any and all strong country ties. You have to assure them you will return at you expected time. Maybe a letter from employer saying you have an upcoming case on a specific date and you must be there.

[izabela 10]

its illegal to apply for b1 visa while waitng for i130 approval..u will get rejected

I'm pretty sure it is not illegal. I don't know where you got this information. And yes, I know that I will most probably get rejected, but that's now what I was asking...

B2 not B1

[izabela 10]

First you have to realize you are already showing a desire to immigrant. saying you will come back for interview isn't a strong argument. Saying you don't have a steady job either.

Just bring that you are a government employee (That looks impressive I would think), an apt lease and any and all strong country ties. You have to assure them you will return at you expected time. Maybe a letter from employer saying you have an upcoming case on a specific date and you must be there.

Thank you. Yes, I will immigrate, that is a matter of fact. But why would I stay illegally on a tourist visa and ruin my chances of getting a green card legally? I would be very stupid to do that. But again, they have a very different kind of thinking, I am aware of that. Unfortunately, a letter about an upcoming case is impossible, because I am always called on short notice... I live in a house which is registered on my husband's name. Would some kind of document proving that help? Or would it have the opposite effect since it's on his name and he is living in the US now?

[stevie b 141]

It is not illegal contrary to awsome's comment

My wife tried the same but was quickly denied due to the pending 130. She had plenty of ties to bring her back .. bank accounts, same job for 7 years and an approved vacation, apartment lease, and family members she is caring for .. but... five minute interview.. she has strong ties to the US due to me ofc and bango.. denied.. don't waste your time or money.. sorry, but we are all in the same kind of boat

[izabela 10]

It is not illegal contrary to awsome's comment

My wife tried the same but was quickly denied due to the pending 130. She had plenty of ties to bring her back .. bank accounts, same job for 7 years and an approved vacation, apartment lease, and family members she is caring for .. but... five minute interview.. she has strong ties to the US due to me ofc and bango.. denied.. don't waste your time or money.. sorry, but we are all in the same kind of boat

Which country is your wife from? If you don't mind me asking... I've already paid the fee, so I will go to the interview, although I know chances are extremely low... At this point I'm just ready to try everything

[dwheels76 5,468]

Thank you. Yes, I will immigrate, that is a matter of fact. But why would I stay illegally on a tourist visa and ruin my chances of getting a green card legally? I would be very stupid to do that. But again, they have a very different kind of thinking, I am aware of that. Unfortunately, a letter about an upcoming case is impossible, because I am always called on short notice... I live in a house which is registered on my husband's name. Would some kind of document proving that help? Or would it have the opposite effect since it's on his name and he is living in the US now?

Your right it would seem stupid to us but unfortunately we have to pay for the sins of those who did get the tourist visa and never came back. And some countries (Like my husbands) more than others a tourist Visa is almost impossible.

All you can do is go fully prepared. Smile and be nice and tell the truth. I don't know if Serbia has a hard time with Visas. You might want to check your countries forum to see what others have done.

[izabela 10]

Your right it would seem stupid to us but unfortunately we have to pay for the sins of those who did get the tourist visa and never came back. And some countries (Like my husbands) more than others a tourist Visa is almost impossible.

All you can do is go fully prepared. Smile and be nice and tell the truth. I don't know if Serbia has a hard time with Visas. You might want to check your countries forum to see what others have done.

Well, in Serbia it is not too hard to get a tourist visa in normal circumstances, but of course the situation is much more different with the pending i130. I've already posted this topic in my country's forum but unfortunately no one could help me. Thank you for your help I'm working on my arguments, trying to make them as persuasive as possible...

[stevie b 141]

Which country is your wife from? If you don't mind me asking... I've already paid the fee, so I will go to the interview, although I know chances are extremely low... At this point I'm just ready to try everything

she is from Fiji, which i thought would be an advantage since most people dont travel to the states from there... but i was wrong.. in the visitor visa we filled in the part on the pending 130 and that is all they seemed to focus on unfortunately.

i do know that there will be a select FEW c/o's who will have some common sense and hopefully you will get one of those

[dwheels76 5,468]

Thank you. Yes, I will immigrate, that is a matter of fact. But why would I stay illegally on a tourist visa and ruin my chances of getting a green card legally? I would be very stupid to do that. But again, they have a very different kind of thinking, I am aware of that. Unfortunately, a letter about an upcoming case is impossible, because I am always called on short notice... I live in a house which is registered on my husband's name. Would some kind of document proving that help? Or would it have the opposite effect since it's on his name and he is living in the US now?

What I meant about you are showing you are immigrating meaning you are showing you want to be there not Serbia. That's why people other than VWP countries and the ESTA's we have a harder time showing we will come back because frankly your strongest tie is your spouse who is where you are trying to visit.

So just bring whatever evidence documents you can to show you will come back. And sure bring a copy of your NOA1 and state it like you said why would you mess up coming back for the interview.

[izabela 10]

I forgot to mention that I have already been to the US twice on J1 visa and I never overstayed. This should have some positive effect on my case, shouldn't it?

[newacct 688]

its illegal to apply for b1 visa while waitng for i130 approval..u will get rejected

It is not illegal. It is just difficult. Immigrant intent refers to the intent to not leave after you enter on the visa and immigrate during that entry. If you have intent to enter on the tourist visa, then leave, and then immigrate, then that is perfectly allowed.

If the priority date on the I-130 petition is soon to be current, then it is very difficult to establish that you will leave after entering. However, if the priority date is very far in the future, and you can establish strong ties to your home country (all the usual things for a tourist visa), then it should not be difficult to get a tourist visa.

[NikLR 13,227]

Bring proof of anything that would tie you to your country. Anything that a normal person would not just up and leave behind.

I can't say exactly what that proof would be for you... I bring a copy that shows I have an apartment, (it's a month to month lease, I'd owe double if I left without notice and lose my damage deposit so over $2600) I have my car insurance, and a letter from my employer stating when I am expected back to work. But what would work for me, may not work for you because Canadians don't actually need a visa to visit the USA.

Edited March 29, 2013 by NikiR

[Ryan H 3,812]

its illegal to apply for b1 visa while waitng for i130 approval..u will get rejected

Wrong, it is not illegal to apply for a tourist visa while an I-130 is pending.

However, with a pending I-130, it is highly unlikely a tourist visa would be issued.