Tourist Visa with I-130 Pending

[asr_nyc 9]

1 minute ago, SusieQQQ said:

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

I personally never had any major issue but I know people who had hard time getting simple applications processed and with correct paperwork. I'm sure you know that the employees who work there are just humans like us and tend to make mistakes or may be they just follow the protocols in place.

But since you're curious I can share one example: I know someone who became a citizen, his mom had tourist visa. When she came over, they applied for adjustment of status. For some reason, the interview ended up in the native country (dont know who's mistake was it). This individual called USCIS and second level IO told them they can go to their country do the interview and come back or bring the file back which could take 2-3 months or more. Ideally, they had two options. But the mom ended up going back to avoid any delays. She goes to interview, they ask for more documents, so they provided all documents. On the second interview, they put a 10 year inadmissibility ban on her, because she overstayed the 180 days. Technically, she should have either left before 180 days or applied for extension of stay but the lawyer also didnt advise since they thought she would get her GC either way.

 

[asr_nyc 9]

17 minutes ago, SusieQQQ said:

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.

I understand.

For the most part, I'm sure they wouldnt have any trouble. They never abused their visa or anything. Its been what like 9 years since their application was filed, its a common sense if they had intention to stay, they could've done that already.

And, they're also going to visit UK in a month or so. Just hoping to get it done right

[Boiler 46,073]

6 minutes ago, asr_nyc said:

I personally never had any major issue but I know people who had hard time getting simple applications processed and with correct paperwork. I'm sure you know that the employees who work there are just humans like us and tend to make mistakes or may be they just follow the protocols in place.

But since you're curious I can share one example: I know someone who became a citizen, his mom had tourist visa. When she came over, they applied for adjustment of status. For some reason, the interview ended up in the native country (dont know who's mistake was it). This individual called USCIS and second level IO told them they can go to their country do the interview and come back or bring the file back which could take 2-3 months or more. Ideally, they had two options. But the mom ended up going back to avoid any delays. She goes to interview, they ask for more documents, so they provided all documents. On the second interview, they put a 10 year inadmissibility ban on her, because she overstayed the 180 days. Technically, she should have either left before 180 days or applied for extension of stay but the lawyer also didnt advise since they thought she would get her GC either way.

 

10 year ban is a one year plus overstay.

[geowrian 22,338]

16 minutes ago, asr_nyc said:

I personally never had any major issue but I know people who had hard time getting simple applications processed and with correct paperwork. I'm sure you know that the employees who work there are just humans like us and tend to make mistakes or may be they just follow the protocols in place.

But since you're curious I can share one example: I know someone who became a citizen, his mom had tourist visa. When she came over, they applied for adjustment of status. For some reason, the interview ended up in the native country (dont know who's mistake was it). This individual called USCIS and second level IO told them they can go to their country do the interview and come back or bring the file back which could take 2-3 months or more. Ideally, they had two options. But the mom ended up going back to avoid any delays. She goes to interview, they ask for more documents, so they provided all documents. On the second interview, they put a 10 year inadmissibility ban on her, because she overstayed the 180 days. Technically, she should have either left before 180 days or applied for extension of stay but the lawyer also didnt advise since they thought she would get her GC either way.

I'm not sure why that is a big time mess up on their behalf. By your own admission, you don't know who's mistake it was that caused the case to be processed as consular processing instead of AOS. USCIS? DOS? The petitioner?

The correct options were provided that she can either interview abroad for an immigrant visa or wait for the case to be returned to the US and complete AOS. There was a consequence of doing consular processing (10 year bar for 1+ year of overstay), but it's not their mistake to make the option available. The biggest mistake there was her own (you are ultimately responsible for your own immigration) + potentially her attorney for not properly advising her of the consequences of her decision.

Edited March 19, 2018 by geowrian

[SusieQQQ 11,587]

22 minutes ago, asr_nyc said:

I personally never had any major issue but I know people who had hard time getting simple applications processed and with correct paperwork. I'm sure you know that the employees who work there are just humans like us and tend to make mistakes or may be they just follow the protocols in place.

But since you're curious I can share one example: I know someone who became a citizen, his mom had tourist visa. When she came over, they applied for adjustment of status. For some reason, the interview ended up in the native country (dont know who's mistake was it). This individual called USCIS and second level IO told them they can go to their country do the interview and come back or bring the file back which could take 2-3 months or more. Ideally, they had two options. But the mom ended up going back to avoid any delays. She goes to interview, they ask for more documents, so they provided all documents. On the second interview, they put a 10 year inadmissibility ban on her, because she overstayed the 180 days. Technically, she should have either left before 180 days or applied for extension of stay but the lawyer also didnt advise since they thought she would get her GC either way.

 

Aha, so many big time stuff ups suddenly becomes “well everyone makes mistakes”...hmm.

 

your example  however first says you don’t know whose mistake it was and then seems to blame bad advice from the lawyer, as well as highlight the issues of people who use tourist visas to adjust status because they’re trying to game the system..whatever the case, they certainly didn’t miss someone being a derivative on another petition...

[asr_nyc 9]

21 minutes ago, geowrian said:

I'm not sure why that is a big time mess up on their behalf. By your own admission, you don't know who's mistake it was that caused the case to be processed as consular processing instead of AOS. USCIS? DOS? The petitioner?

The correct options were provided that she can either interview abroad for an immigrant visa or wait for the case to be returned to the US and complete AOS. There was a consequence of doing consular processing (10 year bar for 1+ year of overstay), but it's not their mistake to make the option available. The biggest mistake there was her own (you are ultimately responsible for your own immigration) + potentially her attorney for not properly advising her of the consequences of her decision.

Hold on. So, you're saying they never mess up? Everything they do is perfect?

[asr_nyc 9]

11 minutes ago, SusieQQQ said:

Aha, so many big time stuff ups suddenly becomes “well everyone makes mistakes”...hmm.

 

your example  however first says you don’t know whose mistake it was and then seems to blame bad advice from the lawyer, as well as highlight the issues of people who use tourist visas to adjust status because they’re trying to game the system..whatever the case, they certainly didn’t miss someone being a derivative on another petition...

I'm not saying that it wasn't their mistake. Obviously they did something wrong and they paid the consequences. I'm not siding with them. Had they followed proper procedure, there wouldn't have been any issues.

 

And hence why I'm here trying to do my research and avoid such issue.

Or to avoid to seem to someone like you/others like its an attempt to "game" the system...... Just tryna renew a visa!

[geowrian 22,338]

17 minutes ago, asr_nyc said:

Hold on. So, you're saying they never mess up? Everything they do is perfect?

When was that stated? I'm saying the example you gave of their "big time mess up" is not shown to actually have been their mistake at all. Maybe they mistakenly sent the I-130 to NVC for consular processing. Maybe the petitioner filled in the form incorrectly and indicated they wanted to go through consular processing. All I said is the example you gave does not show that it was their mistake.

Edit: And everything subsequent to that was definitely not their mistake.

 

USCIS makes mistakes every day. We see it on VJ regularly. But when giving an example of a big time mistake they made, I would expect it to be a big time mistake that they made.

Edited March 19, 2018 by geowrian

[asr_nyc 9]

1 minute ago, geowrian said:

When was that stated? I'm saying the example you gave of their "big time mess up" is not shown to actually have been their mistake at all. Maybe they mistakenly sent the I-130 to NVC for consular processing. Maybe the petitioner filled in the form incorrectly and indicated they wanted to go through consular processing. All I said is the example you gave does not show that it was their mistake.

 

USCIS makes mistakes every day. We see it on VJ regularly. But when giving an example of a big time mistake they made, I would expect it to be a big time that they made.

Right. You want to know it some big mess up happened to me personally? The answer is NO.

Has it happened or does it happen to other people we see severals threads on online forums? Yes

 

My intention to mention the comment was to avoid myself in one of the latter scenarios. Anyhow, thanks for sharing your expertise and thoughts.

[geowrian 22,338]

2 minutes ago, asr_nyc said:

Right. You want to know it some big mess up happened to me personally? The answer is NO.

I never requested any such thing. I was only responding to the specific example you cited.

[asr_nyc 9]

2 hours ago, geowrian said:

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.

Thanks for sharing the info. I'm sending the affidavits just for financial support purposes. That I know for sure, they wont get visa because of the affidavit, its just an additional document.

I don't plan to show extensive financial documentation for my parents since I'll be paying and covering all the expenses for their trip. And yes, all other required proof of intent to return to home country and the ties will be sent in as well.

[asr_nyc 9]

Just now, geowrian said:

I never requested any such thing. I was only responding to the specific example you cited.

As I said, Thanks a lot for taking time to share your thoughts!

[asr_nyc 9]

On 3/19/2018 at 1:57 PM, Unlockable said:

Let us know how it goes.

Hey!  just wanted to provide an update - both my parents got the visa without any issues.  They saw both of them have had a decent travel history and did mention that during the interview.  They had also travelled to other countries so that definitely was a plus.  Nothing too serious, they didn't ask to see any documents just asked questions verbally and that was it.  Hope that helps.

[Unlockable 7,315]

Glad it worked out and thanks for the update! 

[WeGuyGal 1,052]

1 hour ago, asr_nyc said:

Hey!  just wanted to provide an update - both my parents got the visa without any issues.  They saw both of them have had a decent travel history and did mention that during the interview.  They had also travelled to other countries so that definitely was a plus.  Nothing too serious, they didn't ask to see any documents just asked questions verbally and that was it.  Hope that helps.

That is pretty much always the case, but I've never understood why b2 applicants in India are so keen on carrying an inch-thick file to the interview.