Tourist Visa during immigration stage

[MUXAGIRL 69]

Hello all,

Because of June retro, most F2As are stuck here for quite a while. Those with 2012 PDs hopefully will get through this year. But those with not so great PDs, you are probably looking at a long wait. (I sincerely hope not, I pray to God for all F2A family members who are stuck because of retro)

I have noticed a common misconception here on VJ that if you have already established your immigration intent by having someone file I-130 for you, you are not going to get a non immigrant visa!

I just want to tell you guys that it's simply not true. I went for a tourist visa back in January and received it. I had some strong points going on and I was very honest and disclosed about my immigration process even if the CO did not ask about it. Please note, you don't have to over share if you are not asked about something specifically. But I chose to disclose it anyway.

Now, I understand,not everyone has similar situation. The points that can work in your favor if you go for a B1/B2 visa during immigration are the following:

(a) you already have a decent job in your home country.

(b) you are in good standing with US immigration and have never violated any visa rules and terms before.

© obviously you are not a criminal:-)

(d) your spouse is not an US citizen. Because of the immediate visa availability, the temptation for AOS could be strong for the spouses of US citizens.

(e) your LPR spouse is not about to become citizen in a few months time.

your pd is not current, so you can't AOS immediately.

(g) you are totally honest about your intentions and it comes across in your answers, so the CO believes you.

I even emailed the CBP to ask if I was going to face any problems at POE if I tried to visit. I described my situation. I got an answer back. They informed me that most likely I will face no problems. But of course it's not guaranteed.

Now I can't tell you about my POE experience because I have not used my visitors visa yet. Reason is various family problems here, did not get a chance to plan a visit. Also my PD was current and I did have my IV interview in May. It's different that my case went to AP and now I am stuck. My visitors visa is still valid and the CO did not cancel it during the IV interview. But it's unlikely that I will use it now after my IV interview.

For those of you stuck in the long wait, going for visitors visa is not a bad idea. Just make sure you do not lie at all during your NIV interview, because it can totally screw up your immigrant visa case. NIV and IV are not totally independent of each other.

Good luck to us all. May all our dreams of family reunion come true soon.

[Alexandra22 0]

I couldn't agree any more.

We are in F2A category, with PD Nov 2013. My husband got his B1/B2 visa before I became LPR, and before we get married.

But he travels to US two times on that visa, once before we filled I130, second ime after I130 approval. On that second trip he wasn't even asked for immigrant intent/ approved I130. He was only asked how long he is staying his time, and that was it.

So I really don't think it is hard to get/use b1/b2 while immigration process is pending.. As long as you have good intentions and job etc back home you should be fine.

[aaron2020 11,651]

Hello all,

Because of June retro, most F2As are stuck here for quite a while. Those with 2012 PDs hopefully will get through this year. But those with not so great PDs, you are probably looking at a long wait. (I sincerely hope not, I pray to God for all F2A family members who are stuck because of retro)

I have noticed a common misconception here on VJ that if you have already established your immigration intent by having someone file I-130 for you, you are not going to get a non immigrant visa!

I just want to tell you guys that it's simply not true. I went for a tourist visa back in January and received it. I had some strong points going on and I was very honest and disclosed about my immigration process even if the CO did not ask about it. Please note, you don't have to over share if you are not asked about something specifically. But I chose to disclose it anyway.

Now, I understand,not everyone has similar situation. The points that can work in your favor if you go for a B1/B2 visa during immigration are the following:

(a) you already have a decent job in your home country.

(b) you are in good standing with US immigration and have never violated any visa rules and terms before.

© obviously you are not a criminal:-)

(d) your spouse is not an US citizen. Because of the immediate visa availability, the temptation for AOS could be strong for the spouses of US citizens.

(e) your LPR spouse is not about to become citizen in a few months time.

your pd is not current, so you can't AOS immediately.

(g) you are totally honest about your intentions and it comes across in your answers, so the CO believes you.

I even emailed the CBP to ask if I was going to face any problems at POE if I tried to visit. I described my situation. I got an answer back. They informed me that most likely I will face no problems. But of course it's not guaranteed.

Now I can't tell you about my POE experience because I have not used my visitors visa yet. Reason is various family problems here, did not get a chance to plan a visit. Also my PD was current and I did have my IV interview in May. It's different that my case went to AP and now I am stuck. My visitors visa is still valid and the CO did not cancel it during the IV interview. But it's unlikely that I will use it now after my IV interview.

For those of you stuck in the long wait, going for visitors visa is not a bad idea. Just make sure you do not lie at all during your NIV interview, because it can totally screw up your immigrant visa case. NIV and IV are not totally independent of each other.

Good luck to us all. May all our dreams of family reunion come true soon.

You missed the sticky post where it says "yes, you can visit" with a pending petition.

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/