Tourist Visa and IR-1

[MjC772 94]

My wife has a tourist visa to the US (she received it well after we were married) but she has been worried lately that if we apply for the IR-1 (married for 8 and 1/2 years with me living in Peru) and get denied for some reason, will her tourist visa be revoked? Thanks!

[geowrian 22,337]

That is a possibility, but is there a reason the immigrant visa would be denied?

[Teemo 252]

I think what OP is backdoor asking is if they are better off if she visits as a tourist and does AOS rather than apply for IR-1 and if some reason that is denied then would the tourist visa be cancelled and then she can't get into the US at all.

 

OP - entering as a tourist and then adjusting status is not on the table. Entering as a tourist with intent to immigrate is fraud. It's the most commonly repeated refrain on this site.

 

Rest assured, she has an excellent chance of getting approved for an IR1 if you do your homework and can get your application in order, especially the affidavit of support. 

[TNJ17 1,329]

It will be canceled for sure. Whatever reason would make her ineligible for an immigrant visa would very much be the same reason for revoking a tourist one. If she doesn’t have any criminal background or no other issues that would make her be denied an immigrant visa, there is no reason to worry. Why do you think she would be denied one? Does she have any criminal background or anything like it?

[MjC772 94]

11 hours ago, Teemo said:

I think what OP is backdoor asking is if they are better off if she visits as a tourist and does AOS rather than apply for IR-1 and if some reason that is denied then would the tourist visa be cancelled and then she can't get into the US at all.

 

OP - entering as a tourist and then adjusting status is not on the table. Entering as a tourist with intent to immigrate is fraud. It's the most commonly repeated refrain on this site.

 

Rest assured, she has an excellent chance of getting approved for an IR1 if you do your homework and can get your application in order, especially the affidavit of support. 

Sorry, but you CLEARLY misunderstood what I was asking. We are already getting the application in order, and definitely NO....not even thinking of cheating the system and I am even a little offended that you somehow assumed that from my question.

[MjC772 94]

11 hours ago, TNJ17 said:

It will be canceled for sure. Whatever reason would make her ineligible for an immigrant visa would very much be the same reason for revoking a tourist one. If she doesn’t have any criminal background or no other issues that would make her be denied an immigrant visa, there is no reason to worry. Why do you think she would be denied one? Does she have any criminal background or anything like it?

It was just a question, like everybody else in the process you begin to wonder the "what ifs." She has no criminal background, no bodies buried in the yard or hidden in any closets. As I said, she has a 10 year tourist visa, she informed them at interview she was married to a USC, we've been to the US 4 or 5 times  - everything legal, no overstays. I think she was just worried if for some reason ir-1 was denied, she would have tourist visa revoked and we would no longer be able to bring our child (also a USC) to visit her grandparents, etc...

[geowrian 22,337]

4 minutes ago, MjC772 said:

It was just a question, like everybody else in the process you begin to wonder the "what ifs." She has no criminal background, no bodies buried in the yard or hidden in any closets. As I said, she has a 10 year tourist visa, she informed them at interview she was married to a USC, we've been to the US 4 or 5 times  - everything legal, no overstays. I think she was just worried if for some reason ir-1 was denied, she would have tourist visa revoked and we would no longer be able to bring our child (also a USC) to visit her grandparents, etc...

Then she should be fine. Getting a tourist visa is more difficult (although cheaper/faster/less work) than an immigrant visa as a spouse of a USC.

[MjC772 94]

11 hours ago, Teemo said:

OP - entering as a tourist and then adjusting status is not on the table. Entering as a tourist with intent to immigrate is fraud. It's the most commonly repeated refrain on this site.

 

Could you please point out in my original post, where this was even remotely implied?

[MjC772 94]

10 minutes ago, geowrian said:

Then she should be fine. Getting a tourist visa is more difficult (although cheaper/faster/less work) than an immigrant visa as a spouse of a USC.

Thanks!!

[Teemo 252]

3 hours ago, MjC772 said:

Sorry, but you CLEARLY misunderstood what I was asking. We are already getting the application in order, and definitely NO....not even thinking of cheating the system and I am even a little offended that you somehow assumed that from my question.

Don't get offended by strangers on the internet. 

 

I did not say you were PLANNING on your wife entering then adjusting, I just wanted to make sure that that route was not one of your options. Like I said it's the most common topic on VJ and not because people want to "cheat the system." Lots of people innocently ask that question without knowingly thinking they are "cheating the system," and the fact that you brought up both tourist visa and spousal visa in the same sentence was an indication to me that you were balancing the relative merits of these visas as a way of adjusting. It's a linear thought process, and if I was incorrect in applying it to you, then it's fine, no harm no foul. 

[MjC772 94]

15 hours ago, Teemo said:

15 hours ago, Teemo said:

I think what OP is backdoor asking is if they are better off if she visits as a tourist and does AOS rather than apply for IR-1 and if some reason that is denied then would the tourist visa be cancelled and then she can't get into the US at all.

 

OP - entering as a tourist and then adjusting status is not on the table. Entering as a tourist with intent to immigrate is fraud. It's the most commonly repeated refrain on this site.

 

 

10 minutes ago, Teemo said:

I did not say you were PLANNING on your wife entering then adjusting, I just wanted to make sure that that route was not one of your options. Like I said it's the most common topic on VJ and not because people want to "cheat the system." Lots of people innocently ask that question without knowingly thinking they are "cheating the system," and the fact that you brought up both tourist visa and spousal visa in the same sentence was an indication to me that you were balancing the relative merits of these visas as a way of adjusting. It's a linear thought process, and if I was incorrect in applying it to you, then it's fine, no harm no foul. 

No, you clearly assumed -wrongly- that I was "backdoor asking" and then implied in your statement that I was trying to commit visa fraud and for the sole reason of merely including "tourist visa" and "spouse visa" in the same sentence? Yes, you were extremely incorrect and, if you needed more info you could have simply asked me instead of making accusations... but hey, I'll accept your warm and heartfelt apology.    

[TNJ17 1,329]

Then you don’t have anything to worry about. She will lose her tourist visa but she won’t need it. Just file everything in order, double check and triple check everything a thousand times so you don’t run the risk of getting denied because you forgot something. Gather everything you’ve got, be organized, if you have any doubts about anything come back to the site because thousands have gone through what you’re going through and will be able to clarify things so you don’t make mistakes. 

[MjC772 94]

14 minutes ago, TNJ17 said:

Then you don’t have anything to worry about. She will lose her tourist visa but she won’t need it. Just file everything in order, double check and triple check everything a thousand times so you don’t run the risk of getting denied because you forgot something. Gather everything you’ve got, be organized, if you have any doubts about anything come back to the site because thousands have gone through what you’re going through and will be able to clarify things so you don’t make mistakes. 

Yes, thank you. That was my real concern, not that my wife had been charged with heinous felonies (she hasn't) but some stupid error, either on our part or that of USCIS resulting in a denial of the IR-1. 

[TNJ17 1,329]

5 hours ago, MjC772 said:

Yes, thank you. That was my real concern, not that my wife had been charged with heinous felonies (she hasn't) but some stupid error, either on our part or that of USCIS resulting in a denial of the IR-1. 

Spousal visas aren’t that big of a headache because you can appeal a denial so if something does happen you can appeal. Although that something has to be done on USCIS part and not yours.