I-130 July 2019 Filers

[LilyJ 1,258]

1 minute ago, ayestaci said:

Did it in September for 3 weeks on ESTA after filing in July and it was absolutely fine.

 

Considering doing it again, but the anxiety of crossing the border with a CR-1 in progress is too real even though I've done it once fine before. But I visited maybe 10 times before filing the CR-1 and once after so far, and I've never had any real issues, knock on wood it continues. 

 

Worth mentioning though it's very hard to get a tourist visa with an immigrant visa petition filed! If you already have one (or have ESTA for those from a visa waiver country), it's much easier to visit.

Much easier for those in VWP countries; no tourist visa is required, ESTA takes minutes to get, and VWP countries are generally low fraud; a tourist visa after I130 in a high fraud country is a totally different ballpark so it’s not comparable unfortunately. Even if a tourist visa is obtained, denial at the border is also very possible 

[ayestaci 121]

1 minute ago, LilyJ said:

Much easier for those in VWP countries; no tourist visa is required, ESTA takes minutes to get, and VWP countries are generally low fraud; a tourist visa after I130 in a high fraud country is a totally different ballpark so it’s not comparable unfortunately. Even if a tourist visa is obtained, denial at the border is also very possible 

I know, that's why I included the part about it being difficult to get a tourist visa once filed! 🙂 

Edited January 17, 2020 by ayestaci

[David Utomi 48]

6 minutes ago, LilyJ said:

You can try but it might be difficult to get a tourist visa now that you have a pending I130, as to be able to be approved for a tourist visa you have to be able prove nonimmigrant intent, which a pending I130 proves that there is immigrant intent, so that already makes the chances slim. Nigeria also being one of the toughest, most high-fraud consulates also makes it more difficult. For most who visit the US during the process, they usually had already received US tourist visas before filing I130 or are in VWP countries, getting a tourist visa afterwards though in a non VWP is extremely tough. Nothing is impossible though so you can still try but expect the worst and hope for the best 

I get your point. So after my I-130 has been approved, is that the best time to apply for the tourist visa? Since its approved and i will just be waiting on NVC process. 

[LilyJ 1,258]

Just now, David Utomi said:

I get your point. So after my I-130 has been approved, is that the best time to apply for the tourist visa? Since its approved and i will just be waiting on NVC process. 

No, since you still have to prove nonimmigrant intent and, same problem, you're also applying for an immigrant visa. The best time to apply for a tourist visa realistically is before filing I130, after filing there is no "best" time to apply for a tourist visa because you'll still run into the same problem no matter where you are in the process: proving nonimmigrant intent with an immigrant visa in the works. Not impossible to receive a tourist visa, but highly unlikely, especially from high fraud countries, and then even if you get the tourist visa, when you get to the border there is the problem of, again, showing ties to your country that will prove to CBP you will go back home after your visit. That being said, there's nothing saying that you can't still try, but realistically I would expect a denial and any other outcome is a blessing

[David Utomi 48]

1 minute ago, LilyJ said:

No, since you still have to prove nonimmigrant intent and, same problem, you're also applying for an immigrant visa. The best time to apply for a tourist visa realistically is before filing I130, after filing there is no "best" time to apply for a tourist visa because you'll still run into the same problem no matter where you are in the process: proving nonimmigrant intent with an immigrant visa in the works. Not impossible to receive a tourist visa, but highly unlikely, especially from high fraud countries, and then even if you get the tourist visa, when you get to the border there is the problem of, again, showing ties to your country that will prove to CBP you will go back home after your visit. That being said, there's nothing saying that you can't still try, but realistically I would expect a denial and any other outcome is a blessing

That's crazy and unfair. I thought approval definitely means i have to return to my country for my immigration interview. Why would anyone decide to stay and live illegally? when you can be with you partner by migrating legally. Thats really annoying and makes no sense to me

[LilyJ 1,258]

3 minutes ago, David Utomi said:

That's crazy and unfair. I thought approval definitely means i have to return to my country for my immigration interview. Why would anyone decide to stay and live illegally? when you can be with you partner by migrating legally. Thats really annoying and makes no sense to me

It doesn't necessarily "definitely"mean that, as after I130 approval you can still file AOS and request the case not be sent to NVC or transferred out of NVC for AOS. What they are worried about, is that people will come over on a tourist visa with preconceived intent to stay, and then adjust status to circumvent consular processing. It is annoying and makes it a lot harder for those who do actually want to do it the legal way but just wanted to visit their loved one, but because of those who abuse tourist visas to stay and adjust status this is why they do this. My husband is from Europe and even he was pulled into questioning for 3 hours when he landed in the US, and that was after our I130 approval too. Unfortunately even if you don't intend to stay and adjust status, if they think you have immigrant intent, which having a current immigrant case shows, it becomes unlikely that they will issue tourist visas, even if you intend to return to finish the process in your home country and don't have any intent to immigrate on the tourist visa. If you have lots of proof of ties to your home country (a house, a car, a job, etc) it can help, but with pending immigrant cases it makes it extremely difficult

[IsItLekker 183]

8 minutes ago, David Utomi said:

That's crazy and unfair. I thought approval definitely means i have to return to my country for my immigration interview. Why would anyone decide to stay and live illegally? when you can be with you partner by migrating legally. Thats really annoying and makes no sense to me

I've been saying the same thing. It only punishes the law-abiding. You can also try what my husband and I are doing. I am going to meet him in a couple of days in Canada, stay for a week and a half and then come back home. It's like a halfway point. I think if you can find a country which allows visa free travel for both of you, it could be a good way to spend time with your partner.  https://www.travelstart.com.ng/lp/visa-free-countries Barbados looks like it could be a good choice. I wish you guys luck! 

[Mummu 2]

After I130 approval, does anyone know if interviews are also done at the Toronto consulate office in Canada or are they done only in Montreal? 

 

Also, any more Potomac approvals recently? Idk what happened to this fast office.

[David Utomi 48]

37 minutes ago, IsItLekker said:

I've been saying the same thing. It only punishes the law-abiding. You can also try what my husband and I are doing. I am going to meet him in a couple of days in Canada, stay for a week and a half and then come back home. It's like a halfway point. I think if you can find a country which allows visa free travel for both of you, it could be a good way to spend time with your partner.  https://www.travelstart.com.ng/lp/visa-free-countries Barbados looks like it could be a good choice. I wish you guys luck! 

Yes we doing that. We meeting in Dubai next month for 2 weeks. But her family don't understand why i cant visit, especially my wife's mum, she keeps telling to go apply for a tourist visa and visit. Was hoping to be done with the immigration process in June this year according to my calculations but with the recent delays, its seems unlikely. It will be sad if i don't show up in June after promising them. Its really frustrating. 

[David Utomi 48]

54 minutes ago, LilyJ said:

It doesn't necessarily "definitely"mean that, as after I130 approval you can still file AOS and request the case not be sent to NVC or transferred out of NVC for AOS. What they are worried about, is that people will come over on a tourist visa with preconceived intent to stay, and then adjust status to circumvent consular processing. It is annoying and makes it a lot harder for those who do actually want to do it the legal way but just wanted to visit their loved one, but because of those who abuse tourist visas to stay and adjust status this is why they do this. My husband is from Europe and even he was pulled into questioning for 3 hours when he landed in the US, and that was after our I130 approval too. Unfortunately even if you don't intend to stay and adjust status, if they think you have immigrant intent, which having a current immigrant case shows, it becomes unlikely that they will issue tourist visas, even if you intend to return to finish the process in your home country and don't have any intent to immigrate on the tourist visa. If you have lots of proof of ties to your home country (a house, a car, a job, etc) it can help, but with pending immigrant cases it makes it extremely difficult

This is really sad! 

[chanel167 51]

29 minutes ago, Mummu said:

After I130 approval, does anyone know if interviews are also done at the Toronto consulate office in Canada or are they done only in Montreal? 

 

Also, any more Potomac approvals recently? Idk what happened to this fast office.

My understanding is that all interviews for spousal visas are done in Montreal! 

[LilyJ 1,258]

1 minute ago, chanel167 said:

My understanding is that all interviews for spousal visas are done in Montreal! 

Yep Montreal only, as Montreal is the only consulate in Canada with an immigration unit

[Mummu 2]

Thank you! I can't even imagine the wait time for interviews at that office. This is such a mess. I am getting so discouraged now. I think when we were seeing approvals it was a little bit encouraging but now it just seems everything has just paused for Potomac. It is so difficult to plan your life like this especially when you are older and have important life decisions to make. 

 

Sorry I just needed to vent. Now back to waiting...:)

 

 

[LilyJ 1,258]

12 minutes ago, Mummu said:

Thank you! I can't even imagine the wait time for interviews at that office. This is such a mess. I am getting so discouraged now. I think when we were seeing approvals it was a little bit encouraging but now it just seems everything has just paused for Potomac. It is so difficult to plan your life like this especially when you are older and have important life decisions to make. 

 

Sorry I just needed to vent. Now back to waiting...:)

 

 

Yes unfortunately Montreal is a 6 month wait for interviews...On the bright side you can help to speed things up by making sure you have all the documents you need for the NVC stage, so that you can submit them and get in queue for review asap. This process is very discouraging and some days are harder than others.. but soon it will all be a distant memory when we are all finally reunited with our loved ones and it will make it all worth it

[IsItLekker 183]

1 hour ago, David Utomi said:

Yes we doing that. We meeting in Dubai next month for 2 weeks. But her family don't understand why i cant visit, especially my wife's mum, she keeps telling to go apply for a tourist visa and visit. Was hoping to be done with the immigration process in June this year according to my calculations but with the recent delays, its seems unlikely. It will be sad if i don't show up in June after promising them. Its really frustrating. 

I understand your pain. My husband still hasn't met my family in person. 😥