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

[Pareto 0]

Thanks everyone for your advice.  To summarise, if we decide to put the IR-1/CR-1 visa process "on-hold" with the NVC (whether that's a formal status, or just delaying in replying to NVC), I won't be able to visit the US (as a tourist) in the mean time.  We haven't made any decisions yet, just wanted to check if it would be a feasible option is all.  We thought it MAY be nice to delay the immigration so we can both remain living/working in Australia for a bit longer, but we do also want to visit the US soon as we haven't been back for years, and miss family/friends.  

 

I understand that it's high risk to apply for either VWP/ESTA or B2 visa while I'm at ANY stage in the immigration visa process.  So I think my options are:

1.  Take my time in the NVC process, allowing us to remain in Australia for longer, but give up on the idea of visiting the US in the mean time

2.  Continue with the immigration process and likely immigrate late this year (again, no way to visit the US earlier as a tourist)

3.  Cancel my pending I-130 and visit as a tourist, but I'd only do this if I changed my mind about immigrating.

 

Thanks again for all your help!

[ADW & JOP 146]

57 minutes ago, Pareto said:

Thanks everyone for your advice.  To summarise, if we decide to put the IR-1/CR-1 visa process "on-hold" with the NVC (whether that's a formal status, or just delaying in replying to NVC), I won't be able to visit the US (as a tourist) in the mean time.  We haven't made any decisions yet, just wanted to check if it would be a feasible option is all.  We thought it MAY be nice to delay the immigration so we can both remain living/working in Australia for a bit longer, but we do also want to visit the US soon as we haven't been back for years, and miss family/friends.  

 

I understand that it's high risk to apply for either VWP/ESTA or B2 visa while I'm at ANY stage in the immigration visa process.  So I think my options are:

1.  Take my time in the NVC process, allowing us to remain in Australia for longer, but give up on the idea of visiting the US in the mean time

2.  Continue with the immigration process and likely immigrate late this year (again, no way to visit the US earlier as a tourist)

3.  Cancel my pending I-130 and visit as a tourist, but I'd only do this if I changed my mind about immigrating.

 

Thanks again for all your help!

I think I am missing something here or you may be missing the point.

 

You can apply for an ESTA while your immigrant visa is in process. People are advising you not to apply for a B2 visa as a denial of a B2 visa will put your VWP status at risk. In addition, applying for a B2 visa is harder for you since you have demonstrated an intent to immigrate.

 

I get you want to visit your family, but why can't you just visit for a shorter period (<3 months) with an ESTA?

 

By the way, you should check out that thread titled "Yes, you can visit". Personally, I have visited the US twelve times since I submitted the i130.

Edited February 27, 2020 by ADW & JOP

[Pareto 0]

17 minutes ago, ADW & JOP said:

I think I am missing something here or you may be missing the point.

 

You can apply for an ESTA while your immigrant visa is in process. People are advising you not to apply for a B2 visa as a denial of a B2 visa will put your VWP status at risk. In addition, applying for a B2 visa is harder for you since you have demonstrated an intent to immigrate.

 

I get you want to visit your family, but why can't you just visit for a shorter period (<3 months) with an ESTA?

 

By the way, you should check out that thread titled "Yes, you can visit". Personally, I have visited the US twelve times since I submitted the i130.

Sorry my bad, yes I missed the point.  Actually my options are:

1.  Take my time in the NVC process, allowing us to remain in Australia for longer, but still visit the US for < 3 months periods under VWP

2.  Continue with the immigration process and likely immigrate late this year (can also visit under VWP)

 

[LilyJ 1,258]

You have not only one but two things working against you receiving a B2 visa: your immigrant intent, and the fact you are eligible already for VWP. B2 isn’t generally given out for someone eligible for VWP unless you have a really really good reason for it (and I can’t even think of a good reason anyone would need to “visit” the US for 6 months.. tourists don’t generally visit for that long). The combination of that you clearly have immigrant intent, and then are asking for a visa that will allow you to be in the US for 6 months, certainly won’t fly. Imagine you are the consular officer at your B2 interview. You’re going to be thinking it’s very suspicious for someone who is already planning on immigrating to need to be in the US for more than the VWP allows, especially for 6 whole months. It will seem like you are trying to live in the US on the B2. It would most definitely be a “no”, and then not only do you not have a B2, you won’t be able to visit on VWP either... ever again. Not worth the risk, imo. I would not want to give up VWP privileges forever for the extremely small chance of a B2. As others have said, it’s better to just do a shorter visit on VWP rather than risk your visitor privileges permanently, even if that “permanently” is only until you decide to continue with the spousal visa