Tourist Visa for Spouse of LPR

[Jim♥Michelle 0]

Hi, Im LPR Spouse I would like to know if anybody has got a tourist visa after filing I-130. Is it possible?

Thanks

[Boiler 45,505]

Hi, Im LPR Spouse I would like to know if anybody has got a tourist visa after filing I-130. Is it possible?

Thanks

Is it possible - yes.

Is it possible for you, depends on your situation.

Obviously many spouses do visit their LPR's other halves in the US. From the Philippines it will be harder, but not impossible.

What ties do you have requiring your return?

[moonhunt 1]

By the law, it is NOT possible.

Anybody with immigration intent may not allow to get non-immigration visa except H-1, L, O (?) visa, which is allowed for dual intent by the law.

If consular officer miss to check that, you may get it.

But as soon as they find out that you are married to LPR or US Citizen, or you are under I-130 process, they will deny it right away.

[Boiler 45,505]

By the law, it is NOT possible.

Anybody with immigration intent may not allow to get non-immigration visa except H-1, L, O (?) visa, which is allowed for dual intent by the law.

If consular officer miss to check that, you may get it.

But as soon as they find out that you are married to LPR or US Citizen, or you are under I-130 process, they will deny it right away.

The OP was asking about a TOURIST visa, no suggestion that she wanted to use it to immigrate, just to visit.

Edited May 2, 2007 by Boiler

[moonhunt 1]

After somebody filed for I-130, only H-1, L, O, V, K visas, which is allowed for dual intent - immigration and non-immigration -, can be allowed.

If you already have B1/B2 visa, you can use it on your own risk.

If USCIS found out from the system that somebody used other visas to get into US after I-130 filing, they may assume that benefitionary give up his intention to immigrate.

If you try to get B1/B2 after I-130 filing, Consular officer may just deny if he/she found out I-130 filing.

I think the reason behind this is the possibility that somebody just come to U.S. while I-130 process, and stay in U.S. as unlawful status until I-130 approved.

I know it's insane. But it is how it is working.

For family of LPR, they have to be separated for long time - 6~7 years for now -

I had gone through this - F2A, V1 -, and luckily I got H-1B sponsorship from my current employer.

But I got divorced, and I got married to non-US citizen from oversea again.

So I have to go through USCIS for her again.

I guess I got crazy to go through this again, but for lucky part, I know the process, and I am eligible for Citizenship next year.

So she can get into U.S. in 2 years instead of 6~7 years.

It's time to pay high bill for international phone bill or to collect various calling cards in stack.

So probably B1/B2 is not an option for you.

I heard that congress is trying to come up with new legislation to smooth the banning non-immigration visa issurance/use for family of I-130 filing.

But I didn't hear anything after the rumor about that.

[Boiler 45,505]

After somebody filed for I-130, only H-1, L, O, V, K visas, which is allowed for dual intent - immigration and non-immigration -, can be allowed.

If you already have B1/B2 visa, you can use it on your own risk.

If USCIS found out from the system that somebody used other visas to get into US after I-130 filing, they may assume that benefitionary give up his intention to immigrate.

If you try to get B1/B2 after I-130 filing, Consular officer may just deny if he/she found out I-130 filing.

I think the reason behind this is the possibility that somebody just come to U.S. while I-130 process, and stay in U.S. as unlawful status until I-130 approved.

I know it's insane. But it is how it is working.

For family of LPR, they have to be separated for long time - 6~7 years for now -

I had gone through this - F2A, V1 -, and luckily I got H-1B sponsorship from my current employer.

But I got divorced, and I got married to non-US citizen from oversea again.

So I have to go through USCIS for her again.

I guess I got crazy to go through this again, but for lucky part, I know the process, and I am eligible for Citizenship next year.

So she can get into U.S. in 2 years instead of 6~7 years.

It's time to pay high bill for international phone bill or to collect various calling cards in stack.

So probably B1/B2 is not an option for you.

I heard that congress is trying to come up with new legislation to smooth the banning non-immigration visa issurance/use for family of I-130 filing.

But I didn't hear anything after the rumor about that.

I visited whilst my K1 was being processed, many, many do.

Also many spouses of LPR's visit their spouse. No shortage of such posts on this board on this subject.

It all depends on the individual circumstances.