CR1/R1 spousal visa

[Tsh 14]

Can a beneficiary apply for a tourist visa while waiting for NOA2 for CR1/R1 visa?  Will it affect the application if she gets denied in her tourist visa?

[JFH 12,191]

Yes they can apply for a tourist visa. No a denial will not affect the CR-1 unless they were denied for being inadmissible. 

[saladboye 166]

Yes you can apply. Will it get approved? Depends but often no.

 

It depends on the beneficiary country. since yours is Philippines, it likely won't unless she has business and owns a lot of property.

 

By default US assumes all people visiting US have immigrant intent and the onus for providing proof of non-immigrant intent is on the applicant.

 

meaning she will have to show staisfactory evidence she has no immigrant intent but the fact she has an immigrant application in process it will likely be denied 

 

 

 

[Mrsamoah2019 593]

yes they can

[aaron2020 11,651]

7 minutes ago, Tsh said:

Can a beneficiary apply for a tourist visa while waiting for NOA2 for CR1/R1 visa?  Will it affect the application if she gets denied in her tourist visa?

Sure, she can apply.  A denial has no effect on the CR1.

 

Here's the problem.  A visitor visa needs to overcome immigrant intent which is hard to do with a pending immigration case.  

 

She can apply for the visitor visa, but expect a denial because of immigrant intent.  

[Tsh 14]

5 minutes ago, saladboye said:

Yes you can apply. Will it get approved? Depends but often no.

 

It depends on the beneficiary country. since yours is Philippines, it likely won't unless she has business and owns a lot of property.

 

By default US assumes all people visiting US have immigrant intent and the onus for providing proof of non-immigrant intent is on the applicant.

 

meaning she will have to show staisfactory evidence she has no immigrant intent but the fact she has an immigrant application in process it will likely be denied 

 

 

 

Thank you for your reply. But the fact that we are serious with the proper immigration application and paid already should be a good reason. I just want to visit since it will take longer now 😢

[Just Paul 4,595]

3 minutes ago, Tsh said:

Thank you for your reply. But the fact that we are serious with the proper immigration application and paid already should be a good reason. I just want to visit since it will take longer now 😢

Sounds logical.   Same here but we were denied.   Mary wanted to come meet family and help me with remodeling choices for our place.

 

The CO knows you can just come in as a tourist and adjust status stateside.

[aaron2020 11,651]

4 minutes ago, Tsh said:

Thank you for your reply. But the fact that we are serious with the proper immigration application and paid already should be a good reason. I just want to visit since it will take longer now 😢

A proper immigration application and paying are not good reasons to issue a visitor visa.  They show immigrant intent which hurts your chances for a visitor visa.  Immigrant intent doesn't help with a visitor visa.  Immigrant intent hurts your chances for a non-immigrant visitor visa. 

[aaron2020 11,651]

2 minutes ago, Paul & Mary said:

Sounds logical.   Same here but we were denied.   Mary wanted to come meet family and help me with remodeling choices for our place.

 

The CO knows you can just come in as a tourist and adjust status stateside.

It's not logical to think you can get a visitor visa while having immigration intent. 

I have immigrant intent and I want a visitor visa to bypass the wait and live with my spouse and then I will go back for my immigration visa interview.  That's the logic that the US Government is aware of.  

 

The primary goal is not tourism.  The primary goal in getting the visitor visa is to come and live with the US spouse.  

 

This is why visitor visas are often denied for people with pending immigration cases.  

Edited April 17, 2019 by aaron2020

[saladboye 166]

27 minutes ago, Tsh said:

Thank you for your reply. But the fact that we are serious with the proper immigration application and paid already should be a good reason. I just want to visit since it will take longer now 😢

 

The whole thing is to prevent a foreign national who is not paying taxes to US becoming a public charge to US.

 

Yes I understand your reasoning and I believe there should be room for improvement but it is what it is. 

 

[Tsh 14]

30 minutes ago, Paul & Mary said:

Sounds logical.   Same here but we were denied.   Mary wanted to come meet family and help me with remodeling choices for our place.

 

The CO knows you can just come in as a tourist and adjust status stateside.

Oh i forgot about that, right. So i guess i dont have to do it anymore and just wait instead. Thank you. 

[Tsh 14]

31 minutes ago, aaron2020 said:

It's not logical to think you can get a visitor visa while having immigration intent. 

I have immigrant intent and I want a visitor visa to bypass the wait and live with my spouse and then I will go back for my immigration visa interview.  That's the logic that the US Government is aware of.  

 

The primary goal is not tourism.  The primary goal in getting the visitor visa is to come and live with the US spouse.  

 

This is why visitor visas are often denied for people with pending immigration cases.  

Point taken, but it could be logical to us who want to do it legally. Yes, that would be the primary goal to most people who got denied but there are still a few who have just the intention to visit since they already started and went through the whole process of the immgrant visa. My personal intent is definitely immigrant spousal but since it takes longer to wait for spousal visa now and been in a long distance relationship for four years, 5times to my country and our estimated time is next year so we would want to try visitor for me to see each other in his country and meet his family soon. But yeah, i wont do it anymore because of some denials i’ve just read and they wouldnt believe it anyway no matter how true u are. Sad but true. 😢

[aaron2020 11,651]

5 minutes ago, Tsh said:

Point taken, but it could be logical to us who want to do it legally. Yes, that would be the primary goal to most people who got denied but there are still a few who have just the intention to visit since they already started and went through the whole process of the immgrant visa. My personal intent is definitely immigrant spousal but since it takes longer to wait for spousal visa now and been in a long distance relationship for four years, 5times to my country and our estimated time is next year so we would want to try visitor for me to see each other in his country and meet his family soon. But yeah, i wont do it anymore because of some denials i’ve just read and they wouldnt believe it anyway no matter how true u are. Sad but true. 😢

You can put on the blame on Filipinos who have used non-immigrant visitor visas to come and adjust status.  It's hard to believe one person when a CO sees all of that.