Pakistan, Form I-130 and Form I-485

[pushbrk 13,198]

28 minutes ago, Boiler said:

Well we know nothing about him or his situation and yes the people we tend to see on VJ have weak cases, however I would not say it is impossible to get a visitors visa, does not cost much to apply, when things open up.

Umm, everybody with a pending I-130...OR...even if just married to a US Citizen or LPR, has a VERY "weak case" for a non-immigrant visa.  This is BECAUSE they either clearly do, or are assumed to have immigrant intent.  A very high bar to overcome the immigrant intent issue.

[Boiler 46,311]

The immigrant Intent aspect relates to using the visitor visa to immigrate, not use an immigrant visa to immigrate, and obviously many people visit whilst an immigrant visa is in process, I did, we have a mega thread where people have successfully visited. during the process without issues.

 

We see weak cases many of which look unlikely to succeed with or without a US love interest.

[FAW 12]

1 hour ago, Jorgedig said:

Yes.  He will not get a visitor's visa from Pakistan, especially with a pending I-130 petition.

 

There are lots and lots of threads here on VJ about the unique challenges for immigration from Pakistan.  I suggest you thoroughly read them so that you can avoid potential pitfalls and extra delays.

Hello - thanks.  I put in “Pakistan”  and surprisingly not much came up.  Do you have better search words to recommend please?  I would be so appreciative to read about all of these threads.  Thank you. 

[Boiler 46,311]

https://www.visajourney.com/forums/forum/91-asia-south/

 

Here you are.

[pushbrk 13,198]

33 minutes ago, Boiler said:

The immigrant Intent aspect relates to using the visitor visa to immigrate, not use an immigrant visa to immigrate, and obviously many people visit whilst an immigrant visa is in process, I did, we have a mega thread where people have successfully visited. during the process without issues.

 

We see weak cases many of which look unlikely to succeed with or without a US love interest.

Not talking about visiting.  Talking about obtaining a visitor visa.  Apples and steak.  People who don't need visas or already have them, visit during the process.  Pakistani's need visas.  The OP's spouse doesn't have one.  The question was about applying for and actually getting one.  Context!

[Boiler 46,311]

3 minutes ago, pushbrk said:

Not talking about visiting.  Talking about obtaining a visitor visa.  Apples and steak.  People who don't need visas or already have them, visit during the process.  Pakistani's need visas.  The OP's spouse doesn't have one.  The question was about applying for and actually getting one.  Context!

Well people who have posted on here have obtained visitor visa's whilst they had an immigrant visa in process, now admittedly not many, I have always supposed that those with strong cases would usually have obtained one before an Immigrant petition was filed.

[pushbrk 13,198]

Just now, Boiler said:

Well people who have posted on here have obtained visitor visa's whilst they had an immigrant visa in process, now admittedly not many, I have always supposed that those with strong cases would usually have obtained one before an Immigrant petition was filed.

I've heard of some rare exceptions.  IMO, that's not reason to encourage people generally to go ahead and apply.  Usually, the exceptions are for exceptional circumstances.  The first one I was aware of was granted to one of my wife's friends.  Her husband needed to be medically evacuated during a visit to China.  His leg was amputated and with the help of a US Senator, she and the youngest of her two daughters were granted non-immigrant visas to come take care of him.  Later, they returned to China, all three got immigrant visas and returned to the US.  

 

You need more than a strong case.  You need exceptional circumstances OR a connection at the Consulate, who believes you won't use the visitor visa to immigrate.  BECAUSE, for the spouse of a US Citizen, once you have it and use it, you CAN immigrate.  This is a Catch 22 that is extremely difficult to overcome.

[Boiler 46,311]

2 minutes ago, pushbrk said:

I've heard of some rare exceptions.  IMO, that's not reason to encourage people generally to go ahead and apply.  Usually, the exceptions are for exceptional circumstances.  The first one I was aware of was granted to one of my wife's friends.  Her husband needed to be medically evacuated during a visit to China.  His leg was amputated and with the help of a US Senator, she and the youngest of her two daughters were granted non-immigrant visas to come take care of him.  Later, they returned to China, all three got immigrant visas and returned to the US.  

 

You need more than a strong case.  You need exceptional circumstances OR a connection at the Consulate, who believes you won't use the visitor visa to immigrate.  BECAUSE, for the spouse of a US Citizen, once you have it and use it, you CAN immigrate.  This is a Catch 22 that is extremely difficult to overcome.

The cases I have seen have been nowhere near so dramatic, and of course we do not see a representative sample, we tend to see the failures, and to my knowledge there are no statistics published regarding this sub set.

 

 So what do we know about this case, Pakistani, USC love interest, and male,  and nothing else, the rest could cover pretty much anything. Now I admit I have a tendency to assume a poor case, otherwise why would they be asking on here, but I also know that I could be wrong.

 

The logic of not issuing a visitor visa in these circumstances is similar to not letting somebody in who already has a visa or does not need one.

[SalishSea 18,225]

1 hour ago, FAW said:

Hello - thanks.  I put in “Pakistan”  and surprisingly not much came up.  Do you have better search words to recommend please?  I would be so appreciative to read about all of these threads.  Thank you. 

This is one is on the waivers and admin processing board.  There are other similar threads on that board.

[FAW 12]

1 hour ago, Boiler said:

The cases I have seen have been nowhere near so dramatic, and of course we do not see a representative sample, we tend to see the failures, and to my knowledge there are no statistics published regarding this sub set.

 

 So what do we know about this case, Pakistani, USC love interest, and male,  and nothing else, the rest could cover pretty much anything. Now I admit I have a tendency to assume a poor case, otherwise why would they be asking on here, but I also know that I could be wrong.

 

The logic of not issuing a visitor visa in these circumstances is similar to not letting somebody in who already has a visa or does not need one.

I came here as I was told this was a great place to access information from people that have been through this process.  I’m very detailed and read through and study everything.  I don’t feel I have a weak case but it’s ultimately up to the powers that be. 

[Boiler 46,311]

6 minutes ago, FAW said:

I came here as I was told this was a great place to access information from people that have been through this process.  I’m very detailed and read through and study everything.  I don’t feel I have a weak case but it’s ultimately up to the powers that be. 

Well you are showing a K3?, my comments were focused on a B2.

[pushbrk 13,198]

48 minutes ago, FAW said:

I came here as I was told this was a great place to access information from people that have been through this process.  I’m very detailed and read through and study everything.  I don’t feel I have a weak case but it’s ultimately up to the powers that be. 

You would have a weak case for a visitor visa.  No way to judge the strength of your spouse visa case based on information you have provided.  Comments have context, not always easy to follow when English is not your first language.  Sometimes difficult to follow context anyway.  Clarifications abound here.

[Just Paul 4,595]

For B2 visa issuance the recipient has to show strong ties to Pakistan and disprove immigrant intent.  It is hard to prove a negative.  For FY18 the B Visa refusal rate for Pakistan was 47.89% and the consulate began to issue only 1 year validity.  I'm sure someone here has newer stats.

 

Filing for an immigrant visa would show immigrant intent.

 

$160 and a DS-160 will yield a quick answer, once the consulates reopen.

[pushbrk 13,198]

34 minutes ago, Paul & Mary said:

 

$160 and a DS-160 will yield a quick answer, once the consulates reopen.

And a trip to Islamabad.

[NikLR 13,232]

OP since you are thorough and doing research, I highly suggest you look at the I-864 before you decide to leave work and live in Pakistan with your husband. 

Edited April 22, 2020 by NikLR
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