Tourist Visa with I-130 Pending

[asr_nyc 9]

Hello All,

 

I am looking for some advise/suggestions, since I am dealing with a situation here which I am sure some folks would have encountered.

 

To talk a little about myself, I have a conditional green card which I received through marriage (wife is US Citizen) and my 751 is still pending. My parents currently have B1/B2 tourist visa which will expire in Dec' 2018. Both my parents have travelled about 3 times (All visits not more than 90 days) through the span of 9.5 years. When my parents got the visa, no immigration case was pending for them. They got their visa in 2008. Later in 2009, my aunt (Dad's sister) filed an I-130 petition for him and was successfully approved and is sitting with NVC since there is a long wait to get the current priority date.

Once I get my citizenship, I can always apply for my parents green card but for now, I just want to renew their tourist visa. I am confused as to should I just apply my moms visa because technically she isn't the primary beneficiary of the I-130 application and she can answer in the DS-260 form that there is no immigration petition pending for her because she is the dependent of the beneficiary. Her chances of getting the visa are fairly generous.

Now, for my dad Im not sure if he'll get a visa or not. They might deny simply because he has a pending i130 petition. One option is I let the visas expire and simply apply for my parents when I get my citizenship which will make their case simple because curretly they do not have any visa rejections.

FYI, both my parents also have canadian tourist visa and my dad visited canada last year.

 

Any thoughts/suggestions will be helpful.

 

Thanks in advance.

[Unlockable 7,315]

First things first. YOU do not apply for their visitor visa. THEY apply for it. It is a separate process that you have no involvement in.

 

Second, many people have successfully applied for and received visitor visas while their 130 was being processed. It is not a guarantee they will get it, but it can happen. There is currently an ongoing thread with nearly 900 replies in it with people sharing their experience with getting visitor visas while a 140 was being processed...

 

Be advised that just because your mother is not the primary beneficiary on the visa does not make it easier for her to get a visito visa. They will still see she is tied to the 130.

 

Since they already have visas that they have never overstayed on I see no harm in them renewing it. I actually think they have a chance of getting a new visitor visa.

 

If not, then you can still stick to your plan to simply apply for them when you gain citizenship.

 

P.S. When the time for them to immigrate comes you may want to look into health insurance for them. We often see people have problems with high cost of parent's health insurance when the bring them over. Best to research it now to get a head start.

[Boiler 45,922]

Agree with the above and stress how many people looking to sponsor Parents seem clueless to the costs involved, mega bucks.

Edited March 19, 2018 by Boiler

[asr_nyc 9]

Thanks a lot @NuestrUnion for this information, it'll surely come in handy.

And Yes, by applying I meant they will apply for their application. I will just be providing the affidavit of support (i-134) for both of them.

 

I am sure they have the information stored in their database when we initially applied for the I-130 documents. however, I am not sure that if I answer Yes/No to the question in DS-160 form as to "if someone has applied an immigration petition for you". Cos she isn't the beneficiary of the case.

 

[asr_nyc 9]

1 minute ago, Boiler said:

Agree with the above and stress how many people looking to sponsor Parents seem clueless to the costs involved, mega bucks.

@Boiler

Completely agree. I know the insurance cost is going to be crazy but for now it's only parents and not a huge family. When time comes, will definitely have to do some research for the health insurance.

[Boiler 45,922]

3 minutes ago, asr_nyc said:

@Boiler

Completely agree. I know the insurance cost is going to be crazy but for now it's only parents and not a huge family. When time comes, will definitely have to do some research for the health insurance.

Well a couple of days ago there was a lady who posted who is moving to Florida, she had been quoted $800 a months and was suffering sticker shock.

[EmilyW 1,513]

29 minutes ago, asr_nyc said:

Thanks a lot @NuestrUnion for this information, it'll surely come in handy.

And Yes, by applying I meant they will apply for their application. I will just be providing the affidavit of support (i-134) for both of them.

 

I am sure they have the information stored in their database when we initially applied for the I-130 documents. however, I am not sure that if I answer Yes/No to the question in DS-160 form as to "if someone has applied an immigration petition for you". Cos she isn't the beneficiary of the case.

 

 

Just FYI, there is no affidavit of support for tourist visas.  

[Unlockable 7,315]

32 minutes ago, asr_nyc said:

Thanks a lot @NuestrUnion for this information, it'll surely come in handy.

And Yes, by applying I meant they will apply for their application. I will just be providing the affidavit of support (i-134) for both of them.

 

There is no Affidavot of Support for visitor visas.

[geowrian 22,338]

33 minutes ago, asr_nyc said:

And Yes, by applying I meant they will apply for their application. I will just be providing the affidavit of support (i-134) for both of them.

 

I am sure they have the information stored in their database when we initially applied for the I-130 documents. however, I am not sure that if I answer Yes/No to the question in DS-160 form as to "if someone has applied an immigration petition for you". Cos she isn't the beneficiary of the case.

An I-134 is not considered for a tourist visa. You cannot sponsor a tourist visa.

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

"Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a nonimmigrant tourist visa. If you do choose to bring a letter of invitation or Affidavit of Support to your interview, please remember that it is not one of the factors that we use in determining whether to issue or deny a nonimmigrant tourist visa."

 

Reading the question literally, the answer should be "No" IMO.

Edited March 19, 2018 by geowrian

[SusieQQQ 11,587]

2 hours ago, asr_nyc said:

 

 

 

 I am confused as to should I just apply my moms visa because technically she isn't the primary beneficiary of the I-130 application and she can answer in the DS-260 form that there is no immigration petition pending for her because she is the dependent of the beneficiary.

 

 

USCIS really isn’t that clueless... When I sent in a tourist visa application for my kids (under 14, didn’t need an interview) I got called in because they could see on their system that the kids’ parent (me) had an I130 filed on her behalf. Their computer systems work. And this was about 8 years ago, if anything their systems will have improved. 

[SusieQQQ 11,587]

1 hour ago, asr_nyc said:

@Boiler

Completely agree. I know the insurance cost is going to be crazy but for now it's only parents and not a huge family. When time comes, will definitely have to do some research for the health insurance.

Insurance for an elderly couple will easily cost more than that for a large young family. Premiums tend to rise with age, as do actual costs, and copays and deductibles are high. 

[asr_nyc 9]

18 minutes ago, SusieQQQ said:

USCIS really isn’t that clueless... When I sent in a tourist visa application for my kids (under 14, didn’t need an interview) I got called in because they could see on their system that the kids’ parent (me) had an I130 filed on her behalf. Their computer systems work. And this was about 8 years ago, if anything their systems will have improved. 

Thanks for sharing the info. In our case, they actually qualify for interview-waiver since they got visa in Nov'2008. So, they have fingerprints and all that. I have seen instances where they mess up big time and they do it often.

I just like to do my research, better late than sorry.

[Unlockable 7,315]

Let us know how it goes.

[asr_nyc 9]

Just now, NuestraUnion said:

Let us know how it goes.

Thanks. And will do!

[SusieQQQ 11,587]

12 minutes ago, asr_nyc said:

 I have seen instances where they mess up big time and they do it often.

 

I’m curious, can you elaborate on these many big time mess ups?

 

anyway as I said from my own experience, I wouldn’t rely on that to get your mum a visa while not applying for your dad. They’ll probably be fine getting visas anyway, but if starts looking like someone is trying to game the system and you make uscis suspicious by doing so... then you cause yourself (or rather, your parents) problems.

Edited March 19, 2018 by SusieQQQ