Visiting US as tourist AFTER my I-130 petition is approved (and IR-1 on hold)

[Pareto 0]

Hi everyone, I'm currently in the process of applying for a spouse immigration visa - my US-citizen wife has submitted the I-130 petition mid-2019, and we're expecting to hear back from the Nebraska service center around May 2020.  Anyway in the meantime, we've been considering our situation/life choices, and were thinking that we may want to put our IR-1 visa application on hold.  

 

From other discussions on Visa Journey, I understand that after our I-130 petition is approved we can put it on hold for 1 year before continuing with the NVC process.  However we still want to visit the US this year for more than the 3 month Visa Waiver/ESTA period, which means I'd need to apply for a B2 tourist visa.

 

Do you think I would have any trouble doing the following?
1. After my I-130 is approved (hopefully around May 2020) put it on hold for 1 year
2. While my IR-1 is on hold, apply for a B2 tourist visa to visit the US for 6 months starting mid-2020

 

I absolutely plan to visit on the B2 visa as a tourist only, and plan to buy a return plane ticket.  Should I be worried that my B2 visa may not be approved?  I obviously have immigration intent since I'm in the process, but I don't plan on remaining in the US or applying for an Adjustment of Status while visiting as a tourist.  I'll remain employed (on Leave Without Pay) at my government job in Australia since I plan on returning.

 

Also I've read several websites that indicate it may be difficult getting a tourist visa while an I-130 is still pending, but since I plan to apply for the B2 visa AFTER my I-130 is approved, I hope that's less of a concern.

 

I'm really keen to get your feedback on my plan above, and if there's anything I need to be concerned about?

[Boiler 46,313]

Obviously high risk going for a B when you are VWP eligible, but you can certainly try.

[Lil bear 4,359]

53 minutes ago, Pareto said:

Hi everyone, I'm currently in the process of applying for a spouse immigration visa - my US-citizen wife has submitted the I-130 petition mid-2019, and we're expecting to hear back from the Nebraska service center around May 2020.  Anyway in the meantime, we've been considering our situation/life choices, and were thinking that we may want to put our IR-1 visa application on hold.  

 

From other discussions on Visa Journey, I understand that after our I-130 petition is approved we can put it on hold for 1 year before continuing with the NVC process.  However we still want to visit the US this year for more than the 3 month Visa Waiver/ESTA period, which means I'd need to apply for a B2 tourist visa.

 

Do you think I would have any trouble doing the following?
1. After my I-130 is approved (hopefully around May 2020) put it on hold for 1 year
2. While my IR-1 is on hold, apply for a B2 tourist visa to visit the US for 6 months starting mid-2020

 

I absolutely plan to visit on the B2 visa as a tourist only, and plan to buy a return plane ticket.  Should I be worried that my B2 visa may not be approved?  I obviously have immigration intent since I'm in the process, but I don't plan on remaining in the US or applying for an Adjustment of Status while visiting as a tourist.  I'll remain employed (on Leave Without Pay) at my government job in Australia since I plan on returning.

 

Also I've read several websites that indicate it may be difficult getting a tourist visa while an I-130 is still pending, but since I plan to apply for the B2 visa AFTER my I-130 is approved, I hope that's less of a concern.

 

I'm really keen to get your feedback on my plan above, and if there's anything I need to be concerned about?

There’s no way to “put it on hold”... you can slow the process down at the NVC stage but it will never be anything but “active” and “processing”...... you have demonstrated immigrant intent and, without withdrawing the I130, that will always sway the decision maker regarding your purpose in applying for any tourist visa. 

[SalishSea 18,225]

1 hour ago, Pareto said:

Also I've read several websites that indicate it may be difficult getting a tourist visa while an I-130 is still pending, but since I plan to apply for the B2 visa AFTER my I-130 is approved, I hope that's less of a concern.

I don't follow what you mean.  This makes no sense.

 

[Pareto 0]

17 minutes ago, Jorgedig said:

I don't follow what you mean.  This makes no sense.

 

There are several other websites/forums I've seen where people have said that they are waiting for their I-130 petition to be approved and want to know their chances in getting a B2 or ESTA approved.  I thought my case may be a bit different, since I was planning on waiting until after the I-130 has been approved already, and my case then goes to the NVC.  Since the I-130 stage is the longest wait (years for some people) I thought they may be more reluctant to grant a B2 visa while I-130 was still pending.  But once the I-130 is approved, the NVC processing is a lot shorter, and I have less incentive to "jump the queue" by applying for a B2 visa and adjusting status (which is NOT what I plan to do). 

 

I thought that applying for the B2 while in the NVC processing stage may increase my chances in getting the B2 tourist visa approved... or maybe not?

[Boiler 46,313]

Irrelevant.

3 minutes ago, Pareto said:

There are several other websites/forums I've seen where people have said that they are waiting for their I-130 petition to be approved and want to know their chances in getting a B2 or ESTA approved.  I thought my case may be a bit different, since I was planning on waiting until after the I-130 has been approved already, and my case then goes to the NVC.  Since the I-130 stage is the longest wait (years for some people) I thought they may be more reluctant to grant a B2 visa while I-130 was still pending.  But once the I-130 is approved, the NVC processing is a lot shorter, and I have less incentive to "jump the queue" by applying for a B2 visa and adjusting status (which is NOT what I plan to do). 

 

I thought that applying for the B2 while in the NVC processing stage may increase my chances in getting the B2 tourist visa approved... or maybe not?

 

[SalishSea 18,225]

Just now, Pareto said:

There are several other websites/forums I've seen where people have said that they are waiting for their I-130 petition to be approved and want to know their chances in getting a B2 or ESTA approved.  I thought my case may be a bit different, since I was planning on waiting until after the I-130 has been approved already, and my case then goes to the NVC.  Since the I-130 stage is the longest wait (years for some people) I thought they may be more reluctant to grant a B2 visa while I-130 was still pending.  But once the I-130 is approved, the NVC processing is a lot shorter, and I have less incentive to "jump the queue" by applying for a B2 visa and adjusting status (which is NOT what I plan to do). 

 

I thought that applying for the B2 while in the NVC processing stage may increase my chances in getting the B2 tourist visa approved... or maybe not?

I have never heard that.    There is the school of thought that having a pending immigrant petition, at any point in the process, is a negative factor for approval for a B2.  

 

There is also the school of thought that those with VWP privileges should not tempt fate by asking for even more, in the form of a B-2.  My kiwi husband did just that (before we were engaged), and was approved.   This was before we had filed the petition for the K-1, however.  

 

There are no guarantees, and everyone must do what they are comfortable with.

[Pareto 0]

1 hour ago, Boiler said:

Obviously high risk going for a B when you are VWP eligible, but you can certainly try.

I'd like to remain in the US for up to 6 months, so that's why I'd prefer that over the VWP.

 

If I apply for a B2 and am denied, could that affect my chances of entering the US under the VWP?  Would the immigration official at point of entry be more concerned about me entering under VWP with a denied B2 in my history?

[ADW & JOP 146]

5 minutes ago, Pareto said:

I'd like to remain in the US for up to 6 months, so that's why I'd prefer that over the VWP.

 

If I apply for a B2 and am denied, could that affect my chances of entering the US under the VWP?  Would the immigration official at point of entry be more concerned about me entering under VWP with a denied B2 in my history?

Straight from their site, "A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States."

[Pareto 0]

1 hour ago, Lil bear said:

There’s no way to “put it on hold”... you can slow the process down at the NVC stage but it will never be anything but “active” and “processing”...... you have demonstrated immigrant intent and, without withdrawing the I130, that will always sway the decision maker regarding your purpose in applying for any tourist visa. 

Thanks for the clarification.  I saw posts like this one which suggested you could put it on hold:

This person said they spoke to the NVC who said the could "place a hold on the case and then place it into processing at a later date":

 

However I've also read that NVC will keep your file "active" and "processing" as long as they've heard from you in a year.  Longer than that and you'll have to reapply for the I-130 again.  I could try calling NVC and see if there's a formal way of putting my application on hold - has anyone else done that?

 

[carmel34 3,662]

6 hours ago, Pareto said:

I'd like to remain in the US for up to 6 months, so that's why I'd prefer that over the VWP.

 

Two issues for you to keep in mind.  1.  The officer making a decision on your B visa application may see your plan to stay in the US for 6 months as weak ties to your home country.  Most people with a job and other obligations and ties to their home country cannot leave for six months.  2.  Even if you are lucky and get a B visa, it is up to the CBP officer when you try to enter the US to determine authorized length of stay, or even if you can enter at all.  When they ask the purpose of your trip and you say to visit my wife for six months, they could view that as a negative and deny entry.  My advice would be to just use ESTA for a shorter visit and forget about a B visa, as a B application denial or refused entry at POE could end your ESTA privileges.

[SalishSea 18,225]

OP, you have to understand something about the B visa:  COs are required by law to assess for immigrant intent, and they will deny the visa if they suspect intent, which you clearly have.  This will put your VWP privileges at risk.

 

Personally, I don't think your "plan" is very sensible.  Do you want to live in the US, or do you not?  B visa is not for living in the US, spousal visa is.  Pick one.

 

 

[Pareto 0]

10 hours ago, carmel34 said:

Two issues for you to keep in mind.  1.  The officer making a decision on your B visa application may see your plan to stay in the US for 6 months as weak ties to your home country.  Most people with a job and other obligations and ties to their home country cannot leave for six months.  2.  Even if you are lucky and get a B visa, it is up to the CBP officer when you try to enter the US to determine authorized length of stay, or even if you can enter at all.  When they ask the purpose of your trip and you say to visit my wife for six months, they could view that as a negative and deny entry.  My advice would be to just use ESTA for a shorter visit and forget about a B visa, as a B application denial or refused entry at POE could end your ESTA privileges.

Excellent advice, thanks very much.  Oh and just to clarify, my US-wife is actually an Australian PR and we live together in Australia.  We want to visit the US this year to spend time with her family and friends there and for tourism, but we both have jobs here in Australia.

[Pareto 0]

5 hours ago, Jorgedig said:

OP, you have to understand something about the B visa:  COs are required by law to assess for immigrant intent, and they will deny the visa if they suspect intent, which you clearly have.  This will put your VWP privileges at risk.

 

Personally, I don't think your "plan" is very sensible.  Do you want to live in the US, or do you not?  B visa is not for living in the US, spousal visa is.  Pick one.

 

 

Thanks for your frank advice, we do want to live in the US but just not immediately (due to a change of circumstances since we first applied).  So when I read in other discussions that you could put the NVC stage of processing "on-hold" (which may not be entirely true) I thought that may work for us.  However we still want to visit the US this year to spend time with my wife's family, our friends and for tourism (we both live in Australia).  Yes I could cancel the I-130 now, but that would set me back another 12 months if I apply again.  Given how long it takes to process IR-1/CR-1 visas these days, it's unfortunate there's no easy way for people to visit the US as a genuine tourist during that time.

[zochu 255]

I would just use the VWP, if you’re eligible? 
 

if you’re looking at an approval in may 2020 (as are we) and you submit everything quickly at NVC you probably will have an approval around October/November this year.  *approval meaning VISA in hand*
 

if you don’t want to immigrate then, then you can take your time at the NVC stage and submit documents slowly ... that might add a year onto the process. You may need a new police certificate and/or medical though. 

Edited February 27, 2020 by zochu