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IR-1 / CR-1 & getting a visitor visa from a NON VWP country

By spring007 in Tourist Visas

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spring007 Newbie

spring007   0

Posted
Filed: Timeline
Posted

Hello guys,

First off, I'd like to thank you all for the valuable information available on this forum! THANK YOU :)! I had zero knowledge about the visa process before stumbling upon this forum and now I feel like I know a lot more.

My wife and I got married on october 2014 in India. Since I had absolutely zero knowledge about the immigration process (this was before I found this forum), I hired a lawyer to process our case, they submitted our I130 today. I have asked my lawyer to apply for a K-3 visa in the mean time.

I'm going to india again in February to spend three weeks with my wife and I have to get back home due to work related reasons. I read the sticky regarding the visitor visa while waiting on the IR-1 / CR-1 process and what I gathered from it was that my wife can come here IF she is from a VWP country and unfortunately India isn't one. My questions is: how easy / hard is it for my wife (Indian citizen and she has never been to the US before) to come and visit me (come back with me in February, if possible) while our IR-1 / CR-1 process is still pending?

Thank you all :).

Ryan H Grand Master

Ryan H   3,826

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

***Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; OP is inquiring about obtaining a tourist visa.***

**Moderator hat off**

She can apply for a tourist visa, however, the odds of her obtaining one are not high. She would have to show strong ties to India and if asked on either an application form or by a CO if she had a family member in the US, she would have to truthfully answer. Having a US Citizen spouse is more of a tie to the US than their own country.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

spring007 Newbie

spring007   0

Posted
Filed: Timeline
  • Author
Posted

***Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; OP is inquiring about obtaining a tourist visa.***

**Moderator hat off**

She can apply for a tourist visa, however, the odds of her obtaining one are not high. She would have to show strong ties to India and if asked on either an application form or by a CO if she had a family member in the US, she would have to truthfully answer. Having a US Citizen spouse is more of a tie to the US than their own country.

Thank you, Ryan. And sorry for posting it in the wrong sub-forum.

I agree that my wife has more of a tie to the US than India. But doesn't filing the I130 and the fact that she has to be india for the interview show that she won't plan on staying illegally in the US?

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

No, since she can AoS through you.

Her chances of receiving a B-2 are slim, but zero if she doesn't apply. It's up to you whether you want to try your luck.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Hello guys,

First off, I'd like to thank you all for the valuable information available on this forum! THANK YOU :)! I had zero knowledge about the visa process before stumbling upon this forum and now I feel like I know a lot more.

My wife and I got married on october 2014 in India. Since I had absolutely zero knowledge about the immigration process (this was before I found this forum), I hired a lawyer to process our case, they submitted our I130 today. I have asked my lawyer to apply for a K-3 visa in the mean time.

I'm going to india again in February to spend three weeks with my wife and I have to get back home due to work related reasons. I read the sticky regarding the visitor visa while waiting on the IR-1 / CR-1 process and what I gathered from it was that my wife can come here IF she is from a VWP country and unfortunately India isn't one. My questions is: how easy / hard is it for my wife (Indian citizen and she has never been to the US before) to come and visit me (come back with me in February, if possible) while our IR-1 / CR-1 process is still pending?

Thank you all :).

My situation is quite similar. Got married in November 2014 in India. Upon my return, I retained a lawyer to begin the I130 process by way of VSC last week. Generally speaking, K-3 is practically obsolete since the I130 gets approved faster in most cases. I too had wanted to go the K-3 route but the lawyer advised against it.. I've been made to believe it's a waste of money IMO.

From what I've heard, getting a visitor visa has practically no chance with a pending CR-1. I haven't heard of a single success story, but no one knows until it's applied for. I'd be curious.. keep us posted.

-Kiran's hubby!

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Boiler Grand Master

Boiler   45,956

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

She might be better off taking her vacation when you are visiting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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