Can you apply for a Tourist Visa while I-130 is pending?

[KOVillegas 1]

Hi All--

I am writing because I am extremely confused on the process of the I-130 and applying for a tourist visa. I recently submitted the I-130 for my husband who is from Mexico. He used to have a work visa to enter the US but it expired about two years ago and since we lived in Mexico he hadn't re-applied for any visa to enter. Now, my job has relocated me to the US and we want to get him a tourist visa to be able to visit for my brother's wedding in October.

He is convinced that it is illegal to apply for a tourist visa while we have the I-130 pending, but as far as I can tell it is possible just depends on the embassy if they decide to approve it or not. However, if he is denied that visa, would it cause any issues with the I-130 visa?

I know he would face scrutiny upon arrival at customs in the US to explain his situation, but as long as he had supporting evidence that he is only visiting (with a round trip ticket and copy of NOA1) he should be able to get through.

Has anyone had this same situation and successfully applied and been granted the tourist visa after submitting the I-130? If so, please share your tips and experiences as I would really love to make this happen for my husband!

Thanks in advance,

K

[Harpa Timsah 13,258]

Yes you can.

[apple21 953]

Its okay to apply for a tourist visa however the immigrant intent is already there (because of the i130 filed) so the chance of getting approved is kinda slim.

Edited June 24, 2014 by apple21

[Caryh 5,206]

Its okay to apply for a tourist visa however the immigrant intent is already there (because of the i130 filed) so the chance of getting approved is kinda slim.

Sounds like her husband also has a history of coming to the USA on visas and keeping in compliance with the visa. That record will certainly help him in a quest to obtain the visitor visa. It would be much different had this been a first time application for a visa. Although he still might get a bit of extra scrutiny over it, with the pending spousal visa to immigrate.

[Harpa Timsah 13,258]

Just to clarify about intent to immigrate: It;s not a general intention to immigrate some day that is a problem, the only problem is intention to immigrate on that very trip, on the tourist visa. If he can prove to the embassy that he is using the visa only to visit, and prove to CBP that he has no intention to immigrate on that entry, then he can get a visa and visit.

He can still have the intent to immigrate later, when his spousal visa is approved.

[KOVillegas 1]

Hi All--

Thanks so much for your quick responses. This is all what I thought, but wanted some other opinions to help convince my husband that we won't face consequences when trying to finish the spousal visa. He definitely will not be immigrating with his tourist visa, but will just be visiting for my brother's wedding. Thanks again, and if anyone has any other tips or comments, please share!

K

Hi All--

Thanks so much for your quick responses. This is all what I thought, but wanted some other opinions to help convince my husband that we won't face consequences when trying to finish the spousal visa. He definitely will not be immigrating with his tourist visa, but will just be visiting for my brother's wedding. Thanks again, and if anyone has any other tips or comments, please share!

K