Apply for tourist visa before I-130 get approved

[SennaBrigante 92]

A sponsor letter will not do anything and could even harm her already slim chances. She will be showing more and more ties to the US than her home country.

[Dave&Roza 748]

I always seem to be in the minority in these discussions. Yes, they have a pending I-130. Yes, she has immigration intentions by applying for the I-130. However, she has a very, very good reason to return to India--the pending I-130 interview. The CBP will see the pending I-130 and can stamp the passport "NO ADJUSTMENT OF STATUS" which makes it impossible for her to remain in the US and gain any legal status. She would have to leave the US for the I-130 interview and be approved. She could come to the US and remain illegally until caught, but by applying for the I-130 she and her husband have shown that they want to do the whole immigration process the correct and legal way. Having the I-130 interview in India, IMHO, is a very strong reason for her to return. Hey, it is just money, so go ahead and apply for the tourist visa and see what happens. Like you say, she will get experience in dealing with people at the Consulate. Plus a denied tourist visa has no affect one the I-130 application--you just declare the denial on the form you submit for the interview.

Good luck,

Dave

[Ning 619]

I always seem to be in the minority in these discussions. Yes, they have a pending I-130. Yes, she has immigration intentions by applying for the I-130. However, she has a very, very good reason to return to India--the pending I-130 interview. The CBP will see the pending I-130 and can stamp the passport "NO ADJUSTMENT OF STATUS" which makes it impossible for her to remain in the US and gain any legal status. She would have to leave the US for the I-130 interview and be approved. She could come to the US and remain illegally until caught, but by applying for the I-130 she and her husband have shown that they want to do the whole immigration process the correct and legal way. Having the I-130 interview in India, IMHO, is a very strong reason for her to return. Hey, it is just money, so go ahead and apply for the tourist visa and see what happens. Like you say, she will get experience in dealing with people at the Consulate. Plus a denied tourist visa has no affect one the I-130 application--you just declare the denial on the form you submit for the interview.

Good luck,

Dave

This is exactly the logic my husband used and discussed with an officer in the embassy after my second attempt at a tourist visa was denied. The officer said they viewed my ties are always stronger to my USC husband so I wouldn't return to my country no matter what.

[SennaBrigante 92]

Her petition isn't even approved yet so there's no guarantee that there will be an interview to return to

[Dave&Roza 748]

This is exactly the logic my husband used and discussed with an officer in the embassy after my second attempt at a tourist visa was denied. The officer said they viewed my ties are always stronger to my USC husband so I wouldn't return to my country no matter what.

As I said, I am in the minority and it would appear that includes the Embassy people too and we are talking about applying logic here . I think the problem is that in higher fraud countries, the tourist visa is denied unless the applicant has very, very strong ties to that country, so they just deny all tourist visas.

Having already applied for an immigrant visa takes the ability to apply for a tourist visa, enter the US and then suddenly decided to stay and file for AOS off the table as being legal. That cannot happen as the AOS should be denied on the basis of the immigrant using a tourist visa to immigrant to the US. So the only way someone with a spousal visa can apply for AOS is to file and be approved for the I-130. USCIS and the Embassies/Consulates should know this. Problem is that the immigration laws are so complex that no one takes the time to learn and understand them yet they vet out benefits based on this law on a daily basis. SIGH!!

OP: It is your money to do with as you see fit. Having her go thru the Consulate/Embassy process might be beneficial, but do not expect her to have much of an interview for the tourist visa. The decision will be made before she arrives.

Good luck,

Dave