B1/B2 visa rejected while CR1 is pending. Should I apply again?

[Adlsdk 1]

My wife's visit visa was rejected. She applied for visit visa when we were waiting for NOA2. Is there any harm in applying for visit visa again? It's been almost 5 months since I applied for CR1 and it looks like it might take another 6-7 months. If there is no harm in applying for visit visa multiple times then I was thinking about giving it another shot. 

[Seth And Quynh 77]

they will look at your cr1 application and determine immigrant intent you can apply again but it's highly unlikely she'll get a b1/b2 while a cr1 is pending.

[geowrian 22,337]

24 minutes ago, Adlsdk said:

My wife's visit visa was rejected. She applied for visit visa when we were waiting for NOA2. Is there any harm in applying for visit visa again? It's been almost 5 months since I applied for CR1 and it looks like it might take another 6-7 months. If there is no harm in applying for visit visa multiple times then I was thinking about giving it another shot. 

There's not really a "harm" in that it won't hurt her CR-1 application. However, unless her circumstances have changed (for the better), it's almost guaranteed to be refused again.

[Abies 1,713]

5 hours ago, Adlsdk said:

My wife's visit visa was rejected. She applied for visit visa when we were waiting for NOA2. Is there any harm in applying for visit visa again? It's been almost 5 months since I applied for CR1 and it looks like it might take another 6-7 months. If there is no harm in applying for visit visa multiple times then I was thinking about giving it another shot. 

You can re- try but probability of her getting the B1 visa is Zero because of her pending CR1 visa petition 

[Unlockable 7,314]

Losing $160 per go is considered a harm for most.

[Penguin_ie 5,993]

What has changed since her last tourist visa application? It sounds like it has only been a short time since her rejection, so between that, and the pending immigrant via, it is extremely unlikely that she will be granted a tourist visa, and  may seem a little desperate.  Unless something major has changed, I would not bother applying again.

[Adlsdk 1]

3 hours ago, Penguin_ie said:

What has changed since her last tourist visa application? It sounds like it has only been a short time since her rejection, so between that, and the pending immigrant via, it is extremely unlikely that she will be granted a tourist visa, and  may seem a little desperate.  Unless something major has changed, I would not bother applying again.

Would you please elaborate what you mean by "what has changed"? She applied for visit visa about 5 months ago. So it's been a while. She is working full time in her home country. She will get a vacation in early September. So I was thinking if she should apply again stating that she wants to visit me during her 2 weeks vacation. 

I should also mention that she was in US for her graduate study. She left US just after finishing up her degree as she didn't want to settle here that time.

Edited July 30, 2017 by Adlsdk

[Unidentified 2,930]

9 minutes ago, Adlsdk said:

Would you please elaborate what you mean by "what has changed"? She applied for visit visa about 5 months ago. So it's been a while. She is working full time in her home country. She will get a vacation in early September. So I was thinking if she should apply again stating that she wants to visit me during her 2 weeks vacation. 

I should also mention that she was in US for her graduate study. She left US just after finishing up her degree as she didn't want to settle here that time.

Was she not working full time last time she applied? What in her life, her situation has changed since the last time she applied and got denied? If her situation is the same, she will most likely be denied again. 

[geowrian 22,337]

19 minutes ago, Adlsdk said:

Would you please elaborate what you mean by "what has changed"? She applied for visit visa about 5 months ago. So it's been a while. She is working full time in her home country. She will get a vacation in early September. So I was thinking if she should apply again stating that she wants to visit me during her 2 weeks vacation.

Five months is not a while in immigration timelines. What is being asked is that is different this time compared to back when she was denied? If her ties to her home country are the same as last time (presumably she was denied under 214b - immigrant intent), then she will be denied under 214b again. Having a pending immigrant petition w/ a USC husband is a strong negative as well (a tie to the US, not back home).

 

Was she working full time when she applied 5 months ago?

[ConOfficer 167]

Agree with what's been said. A new consular officer is not going to overturn their colleague's decision unless there has been a material change in circumstances - maybe she got a new job for instance. 

 

I will give people tourist visas if they're facing a 3-4 year wait for an immigrant visa, like the child of an LPR. But a CR1 has to present a really good reason why they need the visa and clear evidence that they will return promptly. 

Edited July 30, 2017 by ConOfficer

[Auds 223]

15 hours ago, Adlsdk said:

My wife's visit visa was rejected. She applied for visit visa when we were waiting for NOA2. Is there any harm in applying for visit visa again? It's been almost 5 months since I applied for CR1 and it looks like it might take another 6-7 months. If there is no harm in applying for visit visa multiple times then I was thinking about giving it another shot. 

I had visited the US several times, then a fresh tourist visa denied after we got married.

 

10 months later I applied for B1/B2 again; my CR-1 application then had just reached NVC.  I requested to visit for Christmas.  Otherwise my circumstance was same.  Running a business etc.  I did manage to mention that even when Cr-1 comes through I am not running away the next day as I have a business to sort.

 

they gave me the visa and I visited twice on it.  Now got CR-1 and landed this month.

Edited July 30, 2017 by Auds

[f f 725]

she has even less ties to her home country now than before since she is that much closer to getting the cr1 visa. even withdrawing the cr1 would not help because it would make her even more of a risk to overstay with it being her only option to get into the us.

[Coco8 1,042]

Why country is this? 

[Boiler 45,525]

1 hour ago, Coco8 said:

Why country is this? 

The biggie

[Auds 223]

Mine was UAE - indian passport holder.  If it's a low income country relative to US I guess it's unlikey to get the visa.. but if say U.K. or a well running business owner in say the Gulf states there's a higher chance ...