Going to USA on another visa while I-130 pending

[Hans Martin 2]

Hi guys,

 

Would it be possible to go to America for instance on a internship or a work visa while the I-130 application is pending? Or are there any restrictions as to getting another visa while its pending...? 

[f f 725]

no restrictions with the i130 pending. if you already have the visa good if you do not it will be very hard to get if you have to prove ties to your home country. however a denial for immigrant intent will not hinder your cr1 in any way.

Edited May 7, 2017 by f f

[Roel 7,192]

They will probably get denied based on your immigrant intent (pending 130).  Also work visas arent easy to get.

[Hans Martin 2]

 

They will probably get denied based on your immigrant intent (pending 130).  Also work visas arent easy to get.

Ah... that sucks! Has anyone in here ever done this?

[Jojo92122 1,924]

It takes about a year to get a spousal visa.

 

It would take at least a year for an employer to get you a work visa.

 

It's unrealistic.  If what you wanted was easy and possible, then everyone here would jump on it rather than be separated from their families.

 

If you were in an immigration category where it take years (think 5-25 years), then a work visa makes sense.

[MrChamploo 45]

The only time this has happened is if you had the work visa first,then you are allowed to use it.

They will see and ask about your pending CR1 and then deny you the work visa.

 

You need to be patient through the process.. It takes time but you gotta hold it together. Norway is a good country to come from. Just be patient.

[Nauman sh 4]

I tried it n was refused. CO said we cannot issue visa as your immigration in process.

[Hans Martin 2]

Thanks guys for the encouragement and help! It's good to have a place to share some frustration along the way.

 

Just wondering though... I am currently finishing my undergraduate BBA, bachelor degree. What if I got accepted on a 12 month student visa? For instance

if I wanted to do a Masters degree. Would I face the same issue then?

Edited May 7, 2017 by Hans Martin

[Jojo92122 1,924]

 

Thanks guys for the encouragement and help! It's good to have a place to share some frustration along the way.

 

Just wondering though... I am currently finishing my undergraduate BBA, bachelor degree. What if I got accepted on a 12 month student visa? For instance

if I wanted to do a Masters degree. Would I face the same issue then?

A student visa requires you to show a foreign home that you would return to after completion of your studies.   With a USC spouse, you have a high hurdle here.

 

To get a student visa, you would have to pay international student tuition.  You have to apply to a master program and get accepted.  You have to prove you can pay the student tuition in order for the school to issue an I-20.  With the I-20, you can apply for a student visa.  This all takes time.

 

Everyone wants what you want, but no one can have it.  There are no short cuts for you to come before you get the spousal visa.  If there was, we all would be doing it.  Unlike many other couples that are not from VWP countries or lack a US visa, you can visit your spouse.  You are one of the lucky ones.  Visit and consider yourself lucky for being able to do it while waiting for your spousal visa.

 

[zilchfox 296]

Is it just me, or is OP incredibly impatient to immigrate to the U.S.?

 

Be patient — you'll be fine waiting a year, and you can always visit in the meantime, or your spouse can always visit you. Once you have your green card, you can do all the school and work in the U.S. as your little heart desires.

Edited May 7, 2017 by zilchfox

[JFH 12,190]

 

Is it just me, or is OP incredibly impatient to immigrate to the U.S.?

 

Be patient — you'll be fine waiting a year, and you can always visit in the meantime, or your spouse can always visit you.

Yes, he does sound impatient but weren't we all? I couldn't wait to come live with my husband and that's perfectly normal. I think we see two kinds of impatience on this site - those who are impatient to be with their spouse, no matter where they are; and those who are impatient to get into the USA. 

 

For the OP, who is from a very economically advanced and stable country and who has a very high level of education I don't think his impatience has anything to do with the country, just love for his spouse. I can totally relate to that. I think most of us can. He's certainly not moving for a "better life". It doesn't get much better than Norway! I am from the U.K. and my life in the USA isn't "better" except I am with my husband all the time now. That's what I was impatient for - not the "American dream". 

[geowrian 22,337]

The work visa route is unlikely, especially if the goal is obtain it within the CR-1 trimeframe. If you work for a company with a US branch and in a managerial level of position, you could try for an L-1 visa.

 

A student visa is possible, but also pretty unlikely with a pending immigrant application. You not only have to make the other requirements of an F-1 visa (and pay the higher tuition costs), but have to show that you don't intend to stay in the US and adjust status.

 

Isn't Norway a VWP member country? If so, you can visit (not stay or work) for up to 90 days fairly easily. You should still carry ties to return home in case you get questioned, but traveling on an ESTA is easier than obtaining a tourist visa. I would suggest looking at that route if you want to see your spouse while waiting for the CR-1 to process. Many people here (myself included) would love to have that kind of opportunity.

[Coco8 1,042]

 

Thanks guys for the encouragement and help! It's good to have a place to share some frustration along the way.

 

Just wondering though... I am currently finishing my undergraduate BBA, bachelor degree. What if I got accepted on a 12 month student visa? For instance

if I wanted to do a Masters degree. Would I face the same issue then?

 

To pursue a Master degree, you are a bit late. Most applications are between the end of the year (December) and the start of the year (April). You are also required to take a standardized test (e.g. GRE, GMAT). It is uncommon to get admitted to a Masters program after April because classes start August. Moreover, even if it happens, to apply for an F-1 you would have to show funds to pay for tuition and living there, which would be a ton of money. By the way, don't try to get a J-1 because some of those have a 2 year home residency requirement which means you won't be able to continue with your IR-1/CR-1 (J-1 usually are tied to scholarships funded by governments or work&travel programs).

 

I would go with visiting as a tourist, like others have mentioned. 

 

 

Edited May 7, 2017 by Coco8

[Hopeful diva 99]

Travelling on an immigrant visa when you have a migrant petition pending. Very unlikely that would let you into the US if they pull you up on the system and see that you have an I-130

[randomstairs 303]

You can travel as a visitor on VWP or have your employer apply for a dual intent visa (H1B, L1, etc). Student visa will be difficult due to your intent to immigrate. 

 

Off topic: what's with Norway being "as good as it gets"?  There are many non-economical and non-love reasons to move to the US ASAP, including culture, politics, ideology, religion and geography. Many Europeans from relatively rich countries are dreaming about America.