i130 or visit visa?

[sabrina2011 6]

Hello VJ family!

I need some advice. My husband and I are expecting our little bundle of joy to arrive by the end of April. My husband is a naturalized US citizen for about a month now and we wish that his parents could be here for the birth of their first grandchild.

Here's some background about my inlaws, they are very well settled in Pakistan and have investments in properties and multiple businesses. They are financially stable to pay for their trip and stay if they visit the US. They are also planning to apply the visit visa for his youngest sister, she is 16 and in school. My husbands younger brother and wife live with my inlaws, however they are not applying for a visit since chances of rejection for them may be higher.

My husband plans to sponsor his parents through an i130 later on, but as we all know the process could take several months and we would like for them to be here sooner. His parents want to apply for a tourist visa and test their luck.

My question is, if my husband applies for his parents immigrant visa at the same time as his parents apply for a tourist visa, will it effect their chances of getting the tourist visa? Will a pending immigrant visa show the intent of their return to Pakistan or will it lead them to denial with the intent to immigrate through the visit visa? I've heard mixed answers from people but I was hoping someone might have a better insight on the forum.

Ofcourse the immigrant visa sponsorship seems more promising and that is what we will do for the long run, but should we do it before or after they apply for a visit?

[KierenHby 899]

You're likely to hear mixed answers here as well..

A pending i130 establishes immigrant intent and adds a further hurdle to a B2. It's become an established routine for a good chunk of Asian parents\inlaws to seek a B visit around an impending birth of a grandchild. And pakistan is not an easy country to obtain a visa from. That being said, they apply just like everyone else and find out by April.

[Arberger30 0]

Its good for them to try for the visitor visa because of the baby. Even if they are denied, your husband can still apply for a greencard but am not sure of the wait.

[az2014 381]

Try B2 first.

[Boiler 45,518]

No harm applying, some of what you posted is contradictory but that is down to the Consulate.

[nidvin0 0]

You should apply for the visit visa first. After applying for I-130 that shows intent to immigrate and it will be more difficult to get the visit visa.

[nidvin0 0]

just make sure that if they get the visit visa they don't over stay

Edited April 14, 2016 by nidvin0

[Dakine10 5,452]

Hello VJ family!

I need some advice. My husband and I are expecting our little bundle of joy to arrive by the end of April. My husband is a naturalized US citizen for about a month now and we wish that his parents could be here for the birth of their first grandchild.

Here's some background about my inlaws, they are very well settled in Pakistan and have investments in properties and multiple businesses. They are financially stable to pay for their trip and stay if they visit the US. They are also planning to apply the visit visa for his youngest sister, she is 16 and in school. My husbands younger brother and wife live with my inlaws, however they are not applying for a visit since chances of rejection for them may be higher.

My husband plans to sponsor his parents through an i130 later on, but as we all know the process could take several months and we would like for them to be here sooner. His parents want to apply for a tourist visa and test their luck.

My question is, if my husband applies for his parents immigrant visa at the same time as his parents apply for a tourist visa, will it effect their chances of getting the tourist visa? Will a pending immigrant visa show the intent of their return to Pakistan or will it lead them to denial with the intent to immigrate through the visit visa? I've heard mixed answers from people but I was hoping someone might have a better insight on the forum.

Ofcourse the immigrant visa sponsorship seems more promising and that is what we will do for the long run, but should we do it before or after they apply for a visit?

They could still be approved for a visitors visa with an I-130 pending but the I-130 could make approval more difficult. Much of that depends on how strong their ties to Pakistan are in the first place, but at the very least, the pending I-130 will cause additional scrutiny. If it was me I would weight whether the possibility of that extra scrutiny is worth the extra few months head start on the I-130.