Tourist Visa Canceled When Filing I-130?

[Siam Sam 6]

The office translating our Thai documents into English is also an agent that assists visa applicants. We're not using them as an agent, just for translation, we're going through the process on our own. However, the lady in the office happened to mention to my wife that her 10-Year Tourist Visa to the US would be canceled when she files the I-130. That's the first I've heard of this. In fact, some people I've talked to seemed to think it would be possible for my wife to travel to the US on her Tourist Visa before she received her results if need be, although everyone has said it would be best not to. But no one's said anything about the Tourist Visa being canceled, and I don't see that mentioned in the instructions.

She's kept a 10-year Tourist Visa in her passport for a couple of decades now, and we just renewed it a year or two ago. Seems a shame to see it canceled until she actually gets the Immigrant Visa. Can you tell me if it's true they'll cancel her Tourist Visa on the spot when we file? Not that this would matter. We'll file anyway, but it would be good to know.

[Penguin_ie 5,993]

The office lady is wrong.

The tourist visa will only be cancelled once your wife gets the CR-1 visa, not during the process. She CAN visit with her tourist visa during the process, jsut be sure she does not overstay.

[mallafri76 1,012]

Your wife can keep visiting during the visa process. I flew over to see my husband three times during our visa process, pretty much without issue. CBP can't even see that you're in the visa process until your wife submits her DS-260, which is when she gives her passport number. Make sure she brings strong ties to her home country, just in case CBP asks for it.

[Siam Sam 6]

Thanks. That's good to know. I was not present, and even if I had been they were speaking to each other in Thai, so I might not have caught the distinction between "apply for the visa" and "got your visa." I can only hope for the sake of that office's clients that my wife misunderstood.

[Siam Sam 6]

Just to update and warn others, my wife did get her Tourist Visa canceled today at her interview. As expected, we still had requirements to fulfill, but we wanted to get the ball rolling while I was still here in Thailand. The main issue is I have to return to the US and reestablish a domicile, but they'll be no visits from my wife until I can do that and we can get her visa approved.

[Asia 2,498]

Yeah, that's what Penguin said - that the tourist visa is cancelled when you get an immigrant visa.

If your wife had an interview it means she got her visa, right?

So why are you saying that: "they'll be no visits from my wife until I can do that and we can get her visa approved"?

I'm confused.

[Penguin_ie 5,993]

Yeah, that's what Penguin said - that the tourist visa is cancelled when you get an immigrant visa.

If your wife had an interview it means she got her visa, right?

So why are you saying that: "they'll be no visits from my wife until I can do that and we can get her visa approved"?

I'm confused.

It sounds like at the interview, the case was not approved or denied, but put on AP (additional processing) to ensure domicile is correct.

[Siam Sam 6]

Yeah, that's what Penguin said - that the tourist visa is cancelled when you get an immigrant visa.

If your wife had an interview it means she got her visa, right?

So why are you saying that: "they'll be no visits from my wife until I can do that and we can get her visa approved"?

I'm confused.

It sounds like at the interview, the case was not approved or denied, but put on AP (additional processing) to ensure domicile is correct.

To be clear: My wife's Immigrant Visa was NOT approved today. Not at all. But it was not rejected either. I must now provide a domicile, and my wife's Tourist Visa has now been canceled, so essentially she has pretty much been guaranteed an Immigrant Visa approval once I provide a domicile, but until then she is now barred from entering the US.

They told my wife this was the procedure -- now she's in the system for an Immigrant Visa, so the Tourist Visa is now canceled. Canceled in no uncertain terms, with a big "CANCELED WITHOUT PREJUDICE" stamped across it. Again, she is now barred from entering the US until formal approval of the Immigrant Visa, which will come after I reestablish my domicile in the US.

Is this something new? I had not seen anything bout this on the Board, but they said it was the procedure.

Edited April 7, 2016 by Siam Sam

[JFH 12,190]

Well, the quicker you get your domicile sorted, the quicker her visa will be issued and she will be on her way to live with you.

[jan22 3,056]

To be clear: My wife's Immigrant Visa was NOT approved today. Not at all. But it was not rejected either. I must now provide a domicile, and my wife's Tourist Visa has now been canceled, so essentially she has pretty much been guaranteed an Immigrant Visa approval once I provide a domicile, but until then she is now barred from entering the US.

They told my wife this was the procedure -- now she's in the system for an Immigrant Visa, so the Tourist Visa is now canceled. Canceled in no uncertain terms, with a big "CANCELED WITHOUT PREJUDICE" stamped across it. Again, she is now barred from entering the US until formal approval of the Immigrant Visa, which will come after I reestablish my domicile in the US.

Is this something new? I had not seen anything bout this on the Board, but they said it was the procedure.

This is not new. To qualify for a tourist visa, you have to prove that you do not intend to immigrate to the US; it's the law. The closer you are to the final step, the more likely your plans to stay in the US are imminent. You are at the final stage -- actually applying for the immigrant visa. Tourist visas are almost always cancelled as the first step in the immigrant visa interview process, as you are clearly stating that you intend to immigrate to the US within the next six months or less.

The good news is that the rest of the process should go fairly quickly once you get your US domicile information submitted.

[Siam Sam 6]

That's what we hope. But due to extensive dental work being done right now, I won't be free to leave until July. We'll make it though.