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ADandSL

CAN HUSBAND VISIA ON TOURIST VISA - WHILE WAITING FOR NOID

By ADandSL in IR-1 / CR-1 Spouse Visa Process & Procedures

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ADandSL Contributor

ADandSL   19

Posted
Filed: K-1 Visa Country: Ethiopia
 Timeline
Posted (edited)

Hi Guys. 

 

Can a husband visit his wife and kids who are in America if they are still waiting on notice of intent to deny for I-130 in order to appeal? His kids have not seen him in a year and the wife has not enough finances to go visit him in his country. 

 

Thank you in advance!

Edited by SL and ES
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LilyJ Proficient

LilyJ   1,258

Posted
Filed: IR-1/CR-1 Visa Country: Denmark
 Timeline
Posted
13 minutes ago, Georgia16 said:

Couldn’t he then just pay for the wife’s ticket? 

They are married. 

 

He he will not get a visitor visa with a denied I-130. 

Keep in mind, they said they have children as well, so my guesses are it would be too pricey to send the WHOLE family over. 

OP, what country is the husband from? What is the reason for the denial?

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Georgia16 Mentor

Georgia16   2,858

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
Posted
9 minutes ago, LilyJohansen said:

Keep in mind, they said they have children as well, so my guesses are it would be too pricey to send the WHOLE family over. 

OP, what country is the husband from? What is the reason for the denial?

They can meet in a third country. It is just one of the consequences by being separated with kids it is more expensive but there really isn’t much they can do about it other then try another country where travel expenses won’t be so high. 

 

But him him coming with a intent to deny would just make them think he will adjust as soon as he lands. 

 

 

 

 

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Damn Punchie Rookie

Damn Punchie   2

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted
37 minutes ago, SL and ES said:

Hi Guys. 

 

Can a husband visit his wife and kids who are in America if they are still waiting on notice of intent to deny for I-130 in order to appeal? His kids have not seen him in a year and the wife has not enough finances to go visit him in his country. 

 

Thank you in advance!

Are you talking about a cr1 or k1 

your timeline is giving info about k1 ... you said husband and talked about kids, I hope you didn’t apply for k1 whiles married? 

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LilyJ Proficient

LilyJ   1,258

Posted
Filed: IR-1/CR-1 Visa Country: Denmark
 Timeline
Posted
1 minute ago, Sheff&Cori said:

Are you talking about a cr1 or k1 

your timeline is giving info about k1 ... you said husband and talked about kids, I hope you didn’t apply for k1 whiles married? 

I believe OP is talking about a friend of theirs. They have mentioned said friend before on the CR1 forum

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Can they send money to the wife so she can afford to visit?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Technically, he can obtain or use a tourist visa still.

Practically, I would not expect somebody to obtain a tourist visa or be admitted given those circumstances...there likely be a very high suspicion that he intends to stay in the US.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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pushbrk Grand Master

pushbrk   12,881

Posted
Filed: Other Country: China
 Timeline
Posted
20 hours ago, SL and ES said:

Hi Guys. 

 

Can a husband visit his wife and kids who are in America if they are still waiting on notice of intent to deny for I-130 in order to appeal? His kids have not seen him in a year and the wife has not enough finances to go visit him in his country. 

 

Thank you in advance!

Probably not.  Is this a notice from USCIS that they intend to deny the petition instead of EVER approving it, or is it a Notice of Intent to Revoke a petition that has already been approved but the visa was denied at interview?

 

In either case, it is rarely advisable to "appeal" such a decision.  It's almost always better to file a new petition.  The decision has to be wrong for an appeal to work.  You don't appeal simply because you don't like the outcome.  What is the real situation regarding the I-130?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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