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Libin222

Pending I-130, Tourist Visa

By Libin222 in Tourist Visas

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Libin222 Rookie

Libin222   4

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I have a pending I-130 for my spouse with USCIS and it is taking much longer than expected.  Can i bring my wife to the US on a tourist visa while I-130 is processing? Our intention is to stay in the U.S. (on tourist visa) until we get an appointment at the embassy for the interview. I'm aware that tourist visa is only valid for 6 months. Spouse will exit the US before tourist visa expires. My nationality is USC. Would there be any issues at the border if the visitor visa is stamped at the embassy? 

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Crazy Cat Grand Master

Crazy Cat   41,858

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Filed: Citizen (apr) Country: Taiwan
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8 minutes ago, Libin222 said:

I have a pending I-130 for my spouse with USCIS and it is taking much longer than expected.  Can i bring my wife to the US on a tourist visa while I-130 is processing? Our intention is to stay in the U.S. (on tourist visa) until we get an appointment at the embassy for the interview. I'm aware that tourist visa is only valid for 6 months. Spouse will exit the US before tourist visa expires. My nationality is USC. Would there be any issues at the border if the visitor visa is stamped at the embassy? 

It is POSSIBLE for a spouse to visit inside the US during process.  It is also POSSIBLE the spouse will be denied entry.  The visiting spouse must demonstrate strong ties to his/her home country when applying for the B2 visa and again when attempting to enter the US after obtaining a B2 visa.  There are no guarantees, and each entry is subject to discretion of CBP.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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She can apply. The odds are against her mid-process and with a USC spouse.

She must demonstrate strong ties to return home. She has strong ties to the US (a USC spouse), and presumably not strong ties abroad as any ties she has she will be giving up in the coming months. Showing non-immigrant intent with a pending immigrant visa soon is a really tough sell. The presumption will be that they intend to stay in the US and finish the process there.

 

Note this is much different than somebody with an existing tourist visa (or other valid travel document). CBP can still deny them entry at any time, but generally they don't do so without evidence of intent to stay or having worn out their welcome by staying too long/often.

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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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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1 hour ago, Libin222 said:

I have a pending I-130 for my spouse with USCIS and it is taking much longer than expected.  Can i bring my wife to the US on a tourist visa while I-130 is processing? Our intention is to stay in the U.S. (on tourist visa) until we get an appointment at the embassy for the interview. I'm aware that tourist visa is only valid for 6 months. Spouse will exit the US before tourist visa expires. My nationality is USC. Would there be any issues at the border if the visitor visa is stamped at the embassy? 

There's a question on the DS160 asking if an immigrant petition was filed for the beneficiary. Obviously, the answer would be YES. That's clearly immigrant intent. Highly unlikely that she will be granted a B2 visa. It's very hard to overcome the tie of having a USC spouse. But you can still try if $160 is no biggie. Good luck!

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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1 hour ago, Libin222 said:

I have a pending I-130 for my spouse with USCIS and it is taking much longer than expected.  Can i bring my wife to the US on a tourist visa while I-130 is processing? Our intention is to stay in the U.S. (on tourist visa) until we get an appointment at the embassy for the interview. I'm aware that tourist visa is only valid for 6 months. Spouse will exit the US before tourist visa expires. My nationality is USC. Would there be any issues at the border if the visitor visa is stamped at the embassy? 

So your intention is for her to de facto live with you until you get a different visa making it legal? Not really what a  tourist visa is for.

Some people are successful getting tourist visas while an I130 is pending, some not. All you can do is apply and see.

 

What do you mean "Would there be any issues at the border if the visitor visa is stamped at the embassy? " Why would a visa be stamped at an embassy, it is stamped on entry into the US?

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