visit visa while ir1/cr1 petition in process

[sid1234 0]

I know people have asked about this, but I think my case is slightly different. I petitioned for my wife (home country = India, married in 2010)... her I-130 got approved and the case got sent to NVC.. we paid all the fees, but then we haven't taken further action yet as we've been moving around... Now we're both living together in the middle east. I want to visit the States this summer and take my wife along as a tourist... the fact is that I have a job here in the middle east and I will return....can we argue that my wife wouldn't commit visa fraud and immigrate without me....i.e she would return with me? Are her chances good/bad of getting the visa? By the way we have a son now who's also a US citizen (through me) and he'll travel with us too if my wife gets the visa.

[jkelly07 120]

your so close your file was sent to nvc maybe by the summer your interview will be approved. you could go an apply for the b/2 pay the fee no refunds if your denied they can tell you your 1-130 case is still under review an to wait.good luck to you

[sid1234 0]

Thanks for your answer. NVC is in the process of moving the ir1/cr1 case to the US embassy in the middle east country we're now living in... so it could take some time... plus we're not in a rush since I'm not moving back to the US yet. I'm working here for a couple of years. We just want to visit the US for the summer. What do you think the chances are of my wife getting the b2 approved for a visit? I'll be coming back to work here , is that enough reason to believe that she won't immigrate illegally... i.e. I hope the US embassy will believe that she'll come back here with me.

Edited April 19, 2014 by sid1234

[NigeriaorBust 4,087]

Your petition will most likely get closed if you don't move forward on it for more than a year. Why did you file before you wanted to move ? It is questionable if your wife will get a visitors visa with a US husband but you won't know until you try.

[christeen 966]

It might be difficult... But you can try... She needs to apply on her own merits, but a letter or contract showing your need to return (her being your wife and being dependent on you) home ownership, lease etc... Would be her major ties. But the fact you have an application in the system will be a huge mark against you as it shows an n tent to immigrate. I don't think the odds are in your favor. That being said, your case will probably expire if you do not plan to immigrate for years... It is not a perpetual application.

[HoustonLove 0]

I put that same question to the US Embassy in Malta as I wanted to travel to the US with my husband over the Christmas holidays. They replied that they would be unable to issue a non-immigrant visa to my husband if he has an immigrant visa in process. I think you would be wasting your money to apply. Easiest way to get the question answered is to email your closest embassy.

[sid1234 0]

Thanks everyone. I guess I'll email the embassy and hope they give me a meaningful reply. I also wanted to add that our petition is not going to close because we are in touch with the NVC. It does not expire as long as you're in touch with them. Anyway we will make a move on it soon enough.