Applying for a tourist VISA with a pending CR-1

[Dianalorena 1,153]

Hey guys!

 

has anyone tried to get a tourist VISA while  also going for a CR-1 ?  does it make a difference if you're  NOA1 compared to NOA2 ? I'm guessing you bring the paperwork to prove you're doing it legally.

I know that the tourist VISA  is given only if you can prove you won't stay, and since being married to  a U.S citizen gives you the biggest reason to stay, clearly I know how hard this would be. 

My case is extra particular, I am not only Mexican, (high freud country) but I have a 4 day overstay that caused me being denied entry in November last year,  followed by the  cancelation of my VISA without prejudice.  People told me I should try after six months, but I decided there is no point, since I will most likely be denied again and don't want to look desperate. 

 

I was just curious about other cases similar to mine, has anyone successfully gotten a tourist visa while a CR-1 was being processed? What are the chances (if any) of getting one after an overstay without a ban?

 

 

 

 

Edited February 14, 2017 by Dilorena

[florida racer 73 200]

I can tell you this much from my wife's and I experience, My wife is from Ukraine, I am a USC, her sister is here thru legal immigration and we have a pending CR1 in Nebraska. we tried for a tourist visa and we were declined. My wife has never traveled or have been out of Ukraine but the reason was not clear, it was for sec. 221. It is assumed the reason for denial was for "ties to home country" but we suspect it was for the pending CR1. She was gibven her denial letter and not asked any questions during the tourist visa interview.

 

I hope things turn out better for you, we did not have any luck. As to the rest of your questions, unfortunately I cannot answer.

 

I wish you the best of luck!

[KierenHby 899]

Hard to convince a CO you won't overstay when you already have. But $165 to find out; wait a few months, or come across as desperate. 

http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/?page=40

 

[MXcompadre 75]

Dilorena personally I would not waste time and $$$ in that you've filed/or are in the process of filing your I-130.  If you research extensively here on VJ you will find my incidents of entry denial during IR-1/CR-1 processing.  It is best for the USC spouse to visit you in Mexico.  You certainly don't want to raise any further red flags since your record already has the 4 day overstay.    

[MXcompadre 75]

Here's the VJ web-link = http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/ with regard to the beneficiary visiting their USC sponsor petitioner during the processing of an Immigration Visa.  And recently due to the current USA Presidential administration, things have become even more dubious with regards to entry.   

 

[Dianalorena 1,153]

17 hours ago, florida racer 73 said:

I can tell you this much from my wife's and I experience, My wife is from Ukraine, I am a USC, her sister is here thru legal immigration and we have a pending CR1 in Nebraska. we tried for a tourist visa and we were declined. My wife has never traveled or have been out of Ukraine but the reason was not clear, it was for sec. 221. It is assumed the reason for denial was for "ties to home country" but we suspect it was for the pending CR1. She was gibven her denial letter and not asked any questions during the tourist visa interview.

 

I hope things turn out better for you, we did not have any luck. As to the rest of your questions, unfortunately I cannot answer.

 

I wish you the best of luck!

 

That's awful, I'm sorry  I know it's case to case, and while some might get one others won't. And it sometimes seem unclear.  I also received a 221 (lack of ties) when they called me for the interview, I'm guessing they don't have any rejection letters that say '' you stayed more days, you silly woman'' printed out yet

Thank you so much for sharing!  

[Dianalorena 1,153]

16 hours ago, KierenHby said:

Hard to convince a CO you won't overstay when you already have. But $165 to find out; wait a few months, or come across as desperate. 

http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/?page=40

 

that's what I figured  as I mentioned, I decided not to try again. It's difficult being away for over a year, but I don't want to risk it any further. I already made that big mistake. 

[Dianalorena 1,153]

2 hours ago, MXcompadre said:

Dilorena personally I would not waste time and $$$ in that you've filed/or are in the process of filing your I-130.  If you research extensively here on VJ you will find my incidents of entry denial during IR-1/CR-1 processing.  It is best for the USC spouse to visit you in Mexico.  You certainly don't want to raise any further red flags since your record already has the 4 day overstay.    

you're absolutely right, thank you. I decided since the rejection I wasn't going to try again since it looks bad and it's 99% probable I will not get a new tourist VISA or go through CBP.