Pending Visitor Visa application before filing I-130

[ullumanali 0]

Hi Folks,

Had a question concerning visitor visas during spouse visa processing. Sorry for beating a dead horse if this question is similar to any previous posts, but couldn't locate anything on this.

Details:

- Husband (me), US Citizen, reside in California

- My wife, Indian Citizen

- Married on Jan 25th 2007

She had a visitor visa appointment at the Mumbai Embassy prior to meeting me, to visit her friends in US and appear for a physical therapy law exam. However after we decided to get engaged in Aug 2006, she changed her visitor visa appointment date to March 20th 2007.

I recently sent in the I-130 application packet to begin her K3 visa process. (still haven't got NOA1)

The question I had was:

Does she 'legally' have a chance to secure the visitor visa on March 20th which she had planned for before our marriage, or does this immigrant (I-130) visa application preclude her from getting the visa based on law? She intends to fully disclose all facts at the interview... no secrets. And she does intend to return to India after her visit and wait out the rest of the K3 processing.

Anybody see any problems? Will this have any negative impact on the K3 process?

/UM

[Singers 0]

Hi Folks,

Had a question concerning visitor visas during spouse visa processing. Sorry for beating a dead horse if this question is similar to any previous posts, but couldn't locate anything on this.

Details:

- Husband (me), US Citizen, reside in California

- My wife, Indian Citizen

- Married on Jan 25th 2007

She had a visitor visa appointment at the Mumbai Embassy prior to meeting me, to visit her friends in US and appear for a physical therapy law exam. However after we decided to get engaged in Aug 2006, she changed her visitor visa appointment date to March 20th 2007.

I recently sent in the I-130 application packet to begin her K3 visa process. (still haven't got NOA1)

The question I had was:

Does she 'legally' have a chance to secure the visitor visa on March 20th which she had planned for before our marriage, or does this immigrant (I-130) visa application preclude her from getting the visa based on law? She intends to fully disclose all facts at the interview... no secrets. And she does intend to return to India after her visit and wait out the rest of the K3 processing.

Anybody see any problems? Will this have any negative impact on the K3 process?

/UM

My recent experience: My husband was almost turned back at immigration at the airport. He is from Singapore and under the visa waiver program they are automatically granted 90 days. They read us the riot act saying that he is not allowed to visit under the visa waiver program because he has an application in for I-130 which was in their computer. After a lot of conferring with a VERY NICE immigration officer that went through the immigration process with his wife, they let my husband into the country. We're not risking this again so unless I go to him, we won't be together until after his K-3 comes through.

I've read other postings about people being turned back at the border. Maybe she can consult the embassy before trying to enter the country.

[PetitPrince 0]

Hi !

I am French and just married and my american wife who lives in the US is going to file the I130. I want to be able to visit her while the I130 is on process. So I called the department of state (number on travel.state.gov ) and the women I spoke to told me that I can come to the us as usual with the waiver program and that it is not going to disturb anything... I was surprise and ask for confirmation and she said that it was like this.

So I am very surprised and preoccupied by reading that some customs officers did not let enter some of you in this situation !

It seems so hard to know by to do !!!

[PetitPrince 0]

/UM

They read us the riot act saying that he is not allowed to visit under the visa waiver program because he has an application in for I-130 which was in their computer.

"Singers": COULD YOU send us the text saying in the Riot Act that you cannot use the waiver visa while I-130 is on process ? I'll call the Dept of State again but I need to let them know about your story because I do not want them to say it is ok and then being stopped at the border !

MANY THANKS

[riblet 0]

Even if someone gets a visitor visa, there is still the chance that the immigration official will deny them because they don't believe they will return to their country.

Many people visit, but many people are turned back, you just need to decide whether it is worth the risk and whether she will be able to show sufficient evidence that she will be returning.

There is nothing illegal about trying to get a visitor visa. Just be truthful about everything.

[Aditi & Vasu 0]

Hi Folks,

Had a question concerning visitor visas during spouse visa processing. Sorry for beating a dead horse if this question is similar to any previous posts, but couldn't locate anything on this.

Details:

- Husband (me), US Citizen, reside in California

- My wife, Indian Citizen

- Married on Jan 25th 2007

She had a visitor visa appointment at the Mumbai Embassy prior to meeting me, to visit her friends in US and appear for a physical therapy law exam. However after we decided to get engaged in Aug 2006, she changed her visitor visa appointment date to March 20th 2007.

I recently sent in the I-130 application packet to begin her K3 visa process. (still haven't got NOA1)

The question I had was:

Does she 'legally' have a chance to secure the visitor visa on March 20th which she had planned for before our marriage, or does this immigrant (I-130) visa application preclude her from getting the visa based on law? She intends to fully disclose all facts at the interview... no secrets. And she does intend to return to India after her visit and wait out the rest of the K3 processing.

Anybody see any problems? Will this have any negative impact on the K3 process?

/UM

Hi UM,

Aditi, my wife, came over from India while her I-129F and I-130 were in process. She interviewed at the Kolkata consulate for a visitor visa. The interview was quite straight forward and went smoothly. She had a letter from me saying we had applied for the K-3 and CR-1, and carried the usual docs : an affidavit of support from me, her bank docs to prove she had the money, and our wedding pics just in case they should ask to see them (they didn't).

In November 2006, her arrival in Newark NJ was equally uneventful. The officer asked her with whom she intended to stay and for how long (me and 6 weeks). We went back to India in December - her visa expired the day after she left actually.

I hope your experience is similar too. My best wishes to you and your wife. Feel free to ask other questions if you have any.

Vasu

[ullumanali 0]

Thanks Singers and riblet. Kind of creates a high risk situation, doesn't it.... seems like there are no set rules for this situation even after you have a visa in hand!

It would be her first time traveling internationally, and alone. I'd hate for her to go through any major issues at POE....

[ullumanali 0]

Hi Folks,

Had a question concerning visitor visas during spouse visa processing. Sorry for beating a dead horse if this question is similar to any previous posts, but couldn't locate anything on this.

Details:

- Husband (me), US Citizen, reside in California

- My wife, Indian Citizen

- Married on Jan 25th 2007

She had a visitor visa appointment at the Mumbai Embassy prior to meeting me, to visit her friends in US and appear for a physical therapy law exam. However after we decided to get engaged in Aug 2006, she changed her visitor visa appointment date to March 20th 2007.

I recently sent in the I-130 application packet to begin her K3 visa process. (still haven't got NOA1)

The question I had was:

Does she 'legally' have a chance to secure the visitor visa on March 20th which she had planned for before our marriage, or does this immigrant (I-130) visa application preclude her from getting the visa based on law? She intends to fully disclose all facts at the interview... no secrets. And she does intend to return to India after her visit and wait out the rest of the K3 processing.

Anybody see any problems? Will this have any negative impact on the K3 process?

/UM

Hi UM,

Aditi, my wife, came over from India while her I-129F and I-130 were in process. She interviewed at the Kolkata consulate for a visitor visa. The interview was quite straight forward and went smoothly. She had a letter from me saying we had applied for the K-3 and CR-1, and carried the usual docs : an affidavit of support from me, her bank docs to prove she had the money, and our wedding pics just in case they should ask to see them (they didn't).

In November 2006, her arrival in Newark NJ was equally uneventful. The officer asked her with whom she intended to stay and for how long (me and 6 weeks). We went back to India in December - her visa expired the day after she left actually.

I hope your experience is similar too. My best wishes to you and your wife. Feel free to ask other questions if you have any.

Vasu

Thanks for the response and wishes Vasu!

Quick follow up question, so all they required to show proof that she would return to India at the visitor visa interview was her personal bank documents in India to prove she had money to return to?

They didn't require a return ticket confirmation, job letter or any such other documentation?

And was her reason for the visitor visa only to come visit you, or did you provide any additional reasons for the visa?

Best,

/UM

[Singers 0]

Hi !

I am French and just married and my american wife who lives in the US is going to file the I130. I want to be able to visit her while the I130 is on process. So I called the department of state (number on travel.state.gov ) and the women I spoke to told me that I can come to the us as usual with the waiver program and that it is not going to disturb anything... I was surprise and ask for confirmation and she said that it was like this.

So I am very surprised and preoccupied by reading that some customs officers did not let enter some of you in this situation !

It seems so hard to know by to do !!!

Sorry, I was using an American expression "read us the riot act" just meant that he yelled at us and gave us a hard time. I would go with whatever information you received from the embassy/consulate.

[alohaspirit 0]

Hi Folks,

Had a question concerning visitor visas during spouse visa processing. Sorry for beating a dead horse if this question is similar to any previous posts, but couldn't locate anything on this.

Details:

- Husband (me), US Citizen, reside in California

- My wife, Indian Citizen

- Married on Jan 25th 2007

She had a visitor visa appointment at the Mumbai Embassy prior to meeting me, to visit her friends in US and appear for a physical therapy law exam. However after we decided to get engaged in Aug 2006, she changed her visitor visa appointment date to March 20th 2007.

I recently sent in the I-130 application packet to begin her K3 visa process. (still haven't got NOA1)

The question I had was:

Does she 'legally' have a chance to secure the visitor visa on March 20th which she had planned for before our marriage, or does this immigrant (I-130) visa application preclude her from getting the visa based on law? She intends to fully disclose all facts at the interview... no secrets. And she does intend to return to India after her visit and wait out the rest of the K3 processing.

Anybody see any problems? Will this have any negative impact on the K3 process?

/UM

Might as well wait for the K-3 as your wife is going to return anyways. Save yourself some time and money.

[ullumanali 0]

Hi Folks,

Had a question concerning visitor visas during spouse visa processing. Sorry for beating a dead horse if this question is similar to any previous posts, but couldn't locate anything on this.

Details:

- Husband (me), US Citizen, reside in California

- My wife, Indian Citizen

- Married on Jan 25th 2007

She had a visitor visa appointment at the Mumbai Embassy prior to meeting me, to visit her friends in US and appear for a physical therapy law exam. However after we decided to get engaged in Aug 2006, she changed her visitor visa appointment date to March 20th 2007.

I recently sent in the I-130 application packet to begin her K3 visa process. (still haven't got NOA1)

The question I had was:

Does she 'legally' have a chance to secure the visitor visa on March 20th which she had planned for before our marriage, or does this immigrant (I-130) visa application preclude her from getting the visa based on law? She intends to fully disclose all facts at the interview... no secrets. And she does intend to return to India after her visit and wait out the rest of the K3 processing.

Anybody see any problems? Will this have any negative impact on the K3 process?

/UM

Might as well wait for the K-3 as your wife is going to return anyways. Save yourself some time and money.

Depending on how many months it takes for the whole K3 to pan out, the money and time might be a great investment given that we miss each other so much! ... thanks for the advice though...

[ullumanali 0]

Just thought I'd add an update... my wife just called me about an hour ago. She went for the B2 visa interview at the Mumbai Consulate and was told that they could not issue her a B2 visa pending immigrant (I-130) filing as a rule - regardless of whether she had sufficient proof showing that she was to return to India after her short visit.

Seems the officers there were nice, and the officer that was interviewing her showed a lot of sympathy towards her situation and went twice to confirm the rule with colleagues and supervisors during her interview. Looks like they wanted to give her the visa, but just couldn't per directives they might have received.

While there might be differences in the way this situation is handled at other consulates, this is the Mumbai Consulate's view.

Wish we had good news, feeling like ####### right now knowing I won't be able to see her for many more months....

/UM

[momiko 0]

I'm sorry to hear the disappointing news. My husband and I are in the similar situation

as you guys and my heart goes to you....

[LvivLovers 39]

I'm sorry to hear the disappointing news. My husband and I are in the similar situation

as you guys and my heart goes to you....

Every consulate is different. In Kyiv, they told me that it was possible to get a tourist visa while waiting on K3, but that the burden of proof was on us to prove that she had more reason to return to Ukraine than stay in the US and that by the very fact that we were trying for a K3/IR-1/CR-1 makes that more difficult. They did however also indicate to me that if we were not able to prove this and were denied the tourist visa, it would have no effect on our K3. Furthermore, someone else from VJ was able to prove this about a month ago and his wife was granted the tourist visa. So it's possible....just difficult.

[Rob and Melinda 0]

Congratulations on your progress. Praying that your are united together soon here in the US.

Rob and Melinda