Citizen wife applied for husband, pregnant while the immigration is in process.

[Samar.razzak 0]

Hi,

I am a US citizen and applied from my husband last year. I have been living with him in Pakistan since our wedding (last last year). Our case was approved in Januraly 2015 and we sent all the documents to NVC in August and got a reply on Aug 18 that they are processing our case and will take 30 days. The thing is that I am pregnant now and am due in March 2016. I can only travel till December, and my MAJOR concern is, whether I should wait on the NVC decision or apply for my husbands visit visa so that we can travel to USA in December together. We want to deliver the baby in USA and want to be together. I need advice.

Note: I have heard that once the immigration process is in progress, if the applicant applies for the visit visa and if it gets denied, it messes up the immigration process too. Is it true?

Thanks in Advance.

Samar

[canadian_wife 1,822]

First of all, no that is not true. A denial of a tourist visa will not affect an immigrant visa unless there is direct fraud of misrepresentation.

You may apply for a tourist visa now.

A man from Pakistan is likely to be put on AP after the immigrant interview. I suggest you make plans to have the child in the US by yourself.

Good luck

[Kastrs 723]

If you have submitted everything and you do not get a checklist, you will probably have case complete within the next couple weeks. Islamabad usually has interviews about 2 months after case complete-meaning you could have your interview in November. It would be beneficial to go to the interview with your husband. Also, I know a few men who have very recently been approved without AP through the Islamabad embassy. My advice would be to stay the course, just make sure everything is on track at the NVC and remain in Pakistan until December. In sha allah your husband will be able to travel with you at that time. As always you can try for a visit visa for him, but it is HIGHLY unlikely it would be granted.

[belinda63 3,038]

It is fraud and misrepresentation to come to the US on a tourist visa with the intent to immigrate.

His chances of obtaining a visitor's visa are slim. He has a USC wife, a child on the way, an immigrant petition pending, and I am assuming no strong ties to his country. Nothing is stopping him from applying.

A denied tourist visa will have no affect on his immigrant visa unless some misrepresentation is made.

[Ontarkie 14,226]

~~Duplicate threads Merged. Please only post one thread for the same or similar topic.~~

[Arslan12 20]

My wife and I were in the exact same situation. My wife's petition was approved while she was in Pakistan and there was still more to do. NVC, interview etc. But i am sorry, there is no other way around it. In our case, my wife had to fly to USA alone to give birth to our son while I stayed in Pakistan waited for my Visa. My son was born in February, I was interviewed for visa at US Embassy Islamabad in April, Then they told me that i have to go through administrative processing. Eventually after a long wait, I was issued an immigrant visa in October. That's when i was able to enter USA and met my 8 months old son. The whole process seems very frustrating and feels painful when you are in that situation.

Just hang in there ! I'm sure you have your own plans. Hope for the best !

Good Luck.

[KierenHby 899]

It is fraud and misrepresentation to come to the US on a tourist visa with the intent to immigrate.

His chances of obtaining a visitor's visa are slim. He has a USC wife, a child on the way, an immigrant petition pending, and I am assuming no strong ties to his country. Nothing is stopping him from applying.

A denied tourist visa will have no affect on his immigrant visa unless some misrepresentation is made.

Once State-side, intent is forgiven for a USC spouse in the IR category.

Rest of your statements are factually correct.

[belinda63 3,038]

It might be forgiven but that doesn't mean it is not fraud or misrepresentation. When they ask, while applying for the tourist visa, how long do you intend to stay do you honestly think he will say he is going to remain in the US and adjust status? If asked at the POE how long he intends to stay do you think he will say for the remainder of his life? A tourist visa is for a short visit, not for immigration. And if he makes a false statement and it can be proven and the interviewing officer decides to be a jerk they could slap him with a misrepresentation charge. Lying for the purpose of obtaining a visa is criminal and could result in a life-time ban. Or if they see him trying to enter and believe he has no intent of leaving they can put him no the next plane back home.

[KierenHby 899]

I couldn't find where OP said hubby plans to AOS if granted a visit visa.

[belinda63 3,038]

Sorry it was in an almost duplicate post which has been deleted. Of course he can come visit if he obtains the tourist visa or it a tourist visa is denied it will have no impact on his immigrant visa application.

[Unidentified 2,930]

It is fraud and misrepresentation to come to the US on a tourist visa with the intent to immigrate.

His chances of obtaining a visitor's visa are slim. He has a USC wife, a child on the way, an immigrant petition pending, and I am assuming no strong ties to his country. Nothing is stopping him from applying.

A denied tourist visa will have no affect on his immigrant visa unless some misrepresentation is made.

Well then they won't have to worry about visa fraud because I did not read anything about intent to immigrate. All I read was "we want to have the baby in the US and we want to be together when the baby comes". I did not read "...and he might as well just stay in the US afterwards".

[Boiler 45,525]

I agree the chances of visa is small, but no harm trying.

Sounds like the best bet would be to plan to have the baby where you are.