APPLY FOR TOURIST VISA WHILE WAITING FOR NVC CASE NUMBER

[jessysingh 0]

Hello VJ Members,

I need to know is it possible for my wife who is residing out of the US to apply for a tourist visa while we are waiting to get a NVC Case Number. Will it interrupt or interfere with NVC Department on our application process.

Any help/advise and thoughts will be appreciated.

Thank You

Jessy

[dwheels76 5,468]

Hello VJ Members,

I need to know is it possible for my wife who is residing out of the US to apply for a tourist visa while we are waiting to get a NVC Case Number. Will it interrupt or interfere with NVC Department on our application process.

Any help/advise and thoughts will be appreciated.

Thank You

Jessy

Anyone anywhere can always apply for a tourist visa during the process there is nothing that is wrong or illegal with that. It won't hold up or interrupt anything.

The question is given whatever country she is from will she be granted a Tourist visa? And second will the CBP allow her in the US once she lands. That's the bigger questions.

[jessysingh 0]

If the visa is granted for her to come in, why will the Custom Border Patrol interfere when she lands?

[js030802 6]

If the visa is granted for her to come in, why will the Custom Border Patrol interfere when she lands?

CBP will be able to pull up the information that she is under petition that's why she will be subjected to more scrutiny from CBP officers. coz they might think that she will not go back to her home country and will just adjust status here. i guess that's what they call circumventing the immigration process. i'm not totally sure of the term but if she has a pending petition that's definitely a red flag though not necessarily an outright ineligibility for admission as tourist.

[js030802 6]

another point also is that granting a visa does not mean outright admission into the US. a visa will only guarantee to fly to a port of entry in the US but granting admission is solely under the discretion of the CBP officers. a visa only gives you the privilege to seek admission to a port of entry.

[jessysingh 0]

so do you think chances she could get deported back to her country

[msbau764 245]

another point also is that granting a visa does not mean outright admission into the US. a visa will only guarantee to fly to a port of entry in the US but granting admission is solely under the discretion of the CBP officers. a visa only gives you the privilege to seek admission to a port of entry.

my fiance and I discussed this actually and for a few reasons we chose not to

1. Why pay an extra $150 for something that a) has a low chance of being approved? (she was previously denied for lack of ties to home country). $150 is just the cost of the visa. It doesn't include going to and from the embassy, hotel stay etc.Applying for a fiance visa implies immigrant intent, thus the burden of proof of home ties is incredibly stronger.

2. Why apply for something that would be used only once or twice (maximum) during the 6-9 month waiting period considering we had filed for a fiance visa?

3. Another visa denial, although it may not hurt, does not help either. During the interview you may be asked about visa denials, which is something that could only be used against you, not for you. Anything you say during the previous visa interivews could come back to bite you later. Not likely, but a risk nonetheless.

[dwheels76 5,468]

so do you think chances she could get deported back to her country

You mean refused entry? Sure it happens. Can we ask what country? That has much to do about it.

[jessysingh 0]

She's from Bangkok Thailand, we got married in March and I'm from Los Angeles and when i came back i had filled the I-130 in April and it got approved on September 19th and the file went to NVC and they just received it on October 25th and its still under processing.

The reason why i want to rush her to try the tourist visa is because my mom is really ill and my wife hasn't met her and i wanted her to meet before anything.

So do you think its a good idea to apply for tourist visa and trying coming in that way for 2 weeks and then she can go back and wait for her interview date.

Any help advise recommendation will be helpful.

Thanks!

[js030802 6]

so do you think chances she could get deported back to her country

not necessarily. but the CBP officers will definitely take a second look at your wife's request for admission at the port of entry. having a visa on hand does not mean outright entry into the US. the only persons guaranteed entry into the US are US citizens. even green card holders does not have outright entry into the US. there is always the INADMISSIBILITY criteria that CBP officers look into when non-US citizens request admission at the port of entry.

[canadian_wife 1,822]

In rare cases one is given an 'expedited removal' instead of a simple denial of entry. This is treated like a deportation for immigration purposes.

Lots of Thai girls have been grated entry to the US and have forgotten to go back.

good luck

[Boiler 45,516]

If she gets a tourist visa then her chances of being denied entry are minimal.

Getting the visa may be the tricky bit.