Visitor visa for I-130 applicant

[Ash12345 1]

Quick question: I am applying for visitor visa I also have applied for I-130. Will they see what is in my 130 application ?

 

Also, I have a doctor's report in Turkish for my 130 application to be expedited. The doctor does not speak english well. Do they call the doctor or verify in some way?

 

 

Best,

 

[JeanneAdil 6,606]

it can affect the visitor visa (if not at interiew for B1 then at POE where boarder officers ask who you are coming to see and you have to be honest and yes they will see the application for CR1 on their computer screen

 

all documents submitted to USCIS must have a certified English translation and no ,  they will not call him  .  the proofs are up to you

 

From USCIS site under Checklist for initial evidence

https://www.uscis.gov/i-130

 

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

[SusieQQQ 11,587]

Yes they will see your i130.

[Just Paul 4,595]

1 hour ago, Ash12345 said:

Quick question: I am applying for visitor visa I also have applied for I-130. Will they see what is in my 130 application ?

Oh yes -  Mary went in for a B2 after we filed the I-130.  She was only asked one question - "I see you have filed for a spousal visa.  Is that correct?"  She was denied.  But we did get to go the Buffalo Wild Wings in Hermosillo Mexico - so it wasn't a complete bust.

 

49 minutes ago, lecht008 said:

I already sent an intent to marry letter (signed by both of us) in the initial application.  The RFE does not ask for anything specific, just evidence of intent to marry, and says evidence of intent to marry could include evidence of wedding preparation, ongoing communications, evidence of financial support, communications about wedding, evidence family/friends are aware of the relationship, evidence of subsequent meetings, or any other evidence that might shed light on intent to marry 

 

[Ash12345 1]

23 minutes ago, SusieQQQ said:

Yes they will see your i130.

Let me restate my question. I know they can see I applied for the 130. Question is can they see all the details in there? Like the justification i gave etc.

[SusieQQQ 11,587]

5 minutes ago, Ash12345 said:

Let me restate my question. I know they can see I applied for the 130. Question is can they see all the details in there? Like the justification i gave etc.

Assume they can, and remember anything you tell an immigration officer is under penalty of perjury.

 

(I have reasons for assuming they can see it from personal experience, but it’s a good rule of thumb to assume anyone in US immigration knows what you’ve told anyone else, verbally or via written form)

[Just Paul 4,595]

 

3 minutes ago, Ash12345 said:

Let me restate my question. I know they can see I applied for the 130. Question is can they see all the details in there? Like the justification i gave etc.

I guess it would depend at what stage your petition is in.   Just having an I-130 filed doesn't mean you can't apply for a B.  But having an I-130 filed does indicated that you have immigrant intent.   To be issued a B2 you must disprove immigrant intent.  For $160 and waiting until the consulates open you can find out.

 

2 hours ago, Ash12345 said:

Also, I have a doctor's report in Turkish for my 130 application to be expedited. The doctor does not speak english well. Do they call the doctor or verify in some way?

There is no medical for a B visa.  Is this something for your I-130 petition?

[Ash12345 1]

8 minutes ago, Paul & Mary said:

 

I guess it would depend at what stage your petition is in.   Just having an I-130 filed doesn't mean you can't apply for a B.  But having an I-130 filed does indicated that you have immigrant intent.   To be issued a B2 you must disprove immigrant intent.  For $160 and waiting until the consulates open you can find out.

 

There is no medical for a B visa.  Is this something for your I-130 petition?

Yes, The doctor's note is for expediting my I-130. I know it'a hard to get approval, but we think we have a unique case ( just like everyone else). She basically got stuck outside the country due to the pandemic. We had applied for adjustment of status but she had to leave the US for medical emergency and now she is trying to come back with expedited 130.

[Just Paul 4,595]

3 minutes ago, Ash12345 said:

Yes, The doctor's note is for expediting my I-130. I know it'a hard to get approval, but we think we have a unique case ( just like everyone else). She basically got stuck outside the country due to the pandemic. We had applied for adjustment of status but she had to leave the US for medical emergency and now she is trying to come back with expedited 130.

If she didn;t overstay and if she had a B2 she can try to renew it.  Many consulates have a drop box that does not always end with an interview.  However, she would be getting the B2 with the clear intent to adjust (she already tried once) and I'd expect it to be denied.   The minute she filed for AOS and then left without "Emergency AP" her options to reenter the US became limited.

[SusieQQQ 11,587]

1 hour ago, Paul & Mary said:

If she didn;t overstay and if she had a B2 she can try to renew it.  Many consulates have a drop box that does not always end with an interview.  However, she would be getting the B2 with the clear intent to adjust (she already tried once) and I'd expect it to be denied.   The minute she filed for AOS and then left without "Emergency AP" her options to reenter the US became limited.

Agree. They won’t just see the i130, they’ll see that she tried to adjust before. Chances of a successful B seem slim. 

OP it is confusing when you refer to yourself as both “I” and “she”.  Whichever it is, can you explain what visa the previous adjustment application was made from? If that was a B that makes a denial of another one almost certain. Marginally higher chance if it was from another visa type.

 

[Ash12345 1]

4 hours ago, SusieQQQ said:

Agree. They won’t just see the i130, they’ll see that she tried to adjust before. Chances of a successful B seem slim. 

OP it is confusing when you refer to yourself as both “I” and “she”.  Whichever it is, can you explain what visa the previous adjustment application was made from? If that was a B that makes a denial of another one almost certain. Marginally higher chance if it was from another visa type.

 

I am a USC, she is my wife from Turkey. She was a student here for 5 years and then we got married at the end of her visa. When we got married, it was less than 180 days of overstay. They didnt really used to count it as overstay a couple of years ago as she had a "D/S" on the OPT and she left on her own without any proceedings or anyone noticing. But now the lawyer said they count it. EIther wy it was less than 180 days. She had to leave for her mom's health during the pandemic. If she had awited for the AP, it would be so much easier. 

[SusieQQQ 11,587]

5 minutes ago, Ash12345 said:

I am a USC, she is my wife from Turkey. She was a student here for 5 years and then we got married at the end of her visa. When we got married, it was less than 180 days of overstay. They didnt really used to count it as overstay a couple of years ago as she had a "D/S" on the OPT and she left on her own without any proceedings or anyone noticing. But now the lawyer said they count it. EIther wy it was less than 180 days. She had to leave for her mom's health during the pandemic. If she had awited for the AP, it would be so much easier. 

She may not have a ban, but she still overstayed. That will almost certainly count against a non immigrant visa.
 

By the way, when is she wanting to travel? She’s unlikely to get an appointment for a B visa for weeks, if not longer.

[Ash12345 1]

1 minute ago, SusieQQQ said:

She may not have a ban, but she still overstayed. That will almost certainly count against a non immigrant visa.
 

By the way, when is she wanting to travel? She’s unlikely to get an appointment for a B visa for weeks, if not longer.

I think if she knows she can travel in 2 month, she will be fine. Right now looking at 9+ months is driving her crazy.

[SusieQQQ 11,587]

5 minutes ago, Ash12345 said:

I think if she knows she can travel in 2 month, she will be fine. Right now looking at 9+ months is driving her crazy.

My personal opinion is she’s likely to travel sooner on an expedited i130 (if they grant it) than on a B, especially one that may not materialize. 
 

2 months is probably optimistic for a B, too. I don’t know what Ankara wait times were like before the pandemic but everything will probably be crazy long by comparison after, especially if Ankara also has a lot of student visa applicants (embassies have indicated they’ll give preference to these because time is running out before school starts).

Edited June 23, 2020 by SusieQQQ

[SalishSea 18,072]

11 hours ago, Ash12345 said:

I am a USC, she is my wife from Turkey. She was a student here for 5 years and then we got married at the end of her visa. When we got married, it was less than 180 days of overstay. They didnt really used to count it as overstay a couple of years ago as she had a "D/S" on the OPT and she left on her own without any proceedings or anyone noticing. But now the lawyer said they count it. EIther wy it was less than 180 days. She had to leave for her mom's health during the pandemic. If she had awited for the AP, it would be so much easier. 

You're asking for an IV expedite because she voluntarily left because her mother was ill?  Very much doubt that will qualify.