Filing for B2 Tourist Visa while I-130 is being processed?

[bdshelton 0]

Hi everyone,

 

So my wife (Argentinian) and I received our K1 fiancee visa this January and were living together until she had to leave the country for a family emergency and we had not yet applied for AOP, thus she left and cannot come back until we have a new visa.

 

I now have all the materials ready to apply for a CR1 Conditional Residence Visa but have one question, if she were to apply for a B2 tourist visa before I send in the CR1 Petition, would it be likely that she is denied either of the visas? Or would it work for her to get the B2 while the CR1 is processed, and return to her country if and when an interview is scheduled for the CR1?

 

Thanks so much VJ Community!

[geowrian 22,337]

It really depends on her ties to return home. That said, she has ties to the US (a USC spouse) and will eventually have an immigrant petition filed, which will need to be overcome by the ties to return home.

 

I'm going to assume she doesn't currently have a stable job (since the plan was to live in the US as of January). What ties does she have to return home this time? Just looking at it from the perspective of a CO and at face-value, it sounds like she is unlikely to get the visa.

 

She is free to try and there is nothing really to lose except the fee, but be prepared for a denial.

[Boiler 45,856]

No harm applying