What should I say for my wife's intended duration of stay for a tourist visa?

[Chancy 6,241]

3 minutes ago, ohcharles said:

I guess what I am asking is what we could prepare to help solidify her case to get pass CBP.

 

Well, you are jumping the gun by worrying about CBP before your wife even gets a visa.  The first person to convince is the consul officer, and typically, the CO does not look at any paper documents brought by the applicant to the tourist visa interview.  In most cases, the CO decides on the case based mainly on the information provided in the DS-160 form, and the interview is just for final confirmation.

 

Unfortunately, by having a USC spouse, a pending immigrant petition, and no job in Pakistan, your wife's DS-160 will heavily skew the CO's opinion toward her not having enough ties to home country.  If so, this would likely result in visa denial due to INA 214(b) -- applicant did not overcome the presumption of immigrant intent.  Still, the only way to find out for sure is for your wife to apply.

 

If your wife does get a tourist visa, I recommend this thread for suggestions on what documents to bring that might help to convince the CBP officer to allow entry --

 

 

[ohcharles 3]

4 minutes ago, Chancy said:

 

Well, you are jumping the gun by worrying about CBP before your wife even gets a visa.  The first person to convince is the consul officer, and typically, the CO does not look at any paper documents brought by the applicant to the tourist visa interview.  In most cases, the CO decides on the case based mainly on the information provided in the DS-160 form, and the interview is just for final confirmation.

 

Unfortunately, by having a USC spouse, a pending immigrant petition, and no job in Pakistan, your wife's DS-160 will heavily skew the CO's opinion toward her not having enough ties to home country.  If so, this would likely result in visa denial due to INA 214(b) -- applicant did not overcome the presumption of immigrant intent.  Still, the only way to find out for sure is for your wife to apply.

 

If your wife does get a tourist visa, I recommend this thread for suggestions on what documents to bring that might help to convince the CBP officer to allow entry --

 

 

Thank you for the info!

[Zoeeeeeee 797]

8 minutes ago, ohcharles said:

What if I just have her come visit for a month at a time, go back to pakistan and come back after two months? (Flight is brutal). And just keep that going until i-130 is done?

The length of time she puts on the visa application really isn't the important part of this equation...whether she says she wants to visit for 2 weeks or 2 months doesn't make her any less (or any more) of a risk in terms of not returning home - she could choose to do that even on a 1 day visit.

 

What is important is showing ties to her home country, as many others have already said. But as she has no job, no property ownership or lease and has already shown immigration intent (the pending CR1 application)...then realistically, she has no ties. 

 

By all means, apply...but be prepared that it's unlikely to be successful and will cost you money. Alternately, rather than wasting time and money, why don't you visit her instead? After all, you're going to need to evidence time spent together for her CR1 to be approved, so the more visits you can fit in, the better.

[ohcharles 3]

2 minutes ago, Zoeeeeeee said:

The length of time she puts on the visa application really isn't the important part of this equation...whether she says she wants to visit for 2 weeks or 2 months doesn't make her any less (or any more) of a risk in terms of not returning home - she could choose to do that even on a 1 day visit.

 

What is important is showing ties to her home country, as many others have already said. But as she has no job, no property ownership or lease and has already shown immigration intent (the pending CR1 application)...then realistically, she has no ties. 

 

By all means, apply...but be prepared that it's unlikely to be successful and will cost you money. Alternately, rather than wasting time and money, why don't you visit her instead? After all, you're going to need to evidence time spent together for her CR1 to be approved, so the more visits you can fit in, the better.

Because work. I can’t afford taking so much leave from work. I do have a good chunk saved up, nearly two months but i’d ideally spread that out over the upcoming year and visit her at two weeks at a time. But that is my plan. I am going back to visit soon.  and i will use it all up, but i’ve even considered getting a job in dubai just to be with her.

Edited May 18, 2021 by ohcharles

[Letspaintcookies 2,310]

21 minutes ago, ohcharles said:

What if I just have her come visit for a month at a time, go back to pakistan and come back after two months? (Flight is brutal). And just keep that going until i-130 is done?

You still have to get a visa first and like others pointed out before the COs most likely don't care about what was said about the timeframe in the DS-160. Doesn't matter if you say two weeks or 6 months for your chances to get a visa.

 

[ohcharles 3]

Just now, Letspaintcookies said:

You still have to get a visa first and like others pointed out before the COs most likely don't care about what was said about the timeframe in the DS-160. Doesn't matter if you say two weeks or 6 months for your chances to get a visa.

 

yeah i get it now. they are suspicious of everyone especially from pakistan

[Dashinka 24,494]

Just now, ohcharles said:

yeah i get it now. they are suspicious of everyone especially from pakistan

Actually, they are required by law to presume immigration intent for anyone from any country applying for a tourist visa.  My now wife applied twice when we were dating, with a solid job, property and family and was rejected both times out of what we assume was a feeling that single women from Eastern European countries were not a good bet for a B2.  That being said, all you can do is try.

 

Good Luck!

[ohcharles 3]

1 minute ago, Dashinka said:

Actually, they are required by law to presume immigration intent for anyone from any country applying for a tourist visa.  My now wife applied twice when we were dating, with a solid job, property and family and was rejected both times out of what we assume was a feeling that single women from Eastern European countries were not a good bet for a B2.  That being said, all you can do is try.

 

Good Luck!

Thanks friendo!

[Southern_Belle07 146]

I doubt that she will be given a visa when she already has an existing application of I-130. Her details are already with immigration and is being reviewed. 

 

My son has I-130 and I am not even attempting to apply for a tourist visa, because of the same reason I gave you. It will only be denied. 

[SalishSea 17,829]

2 hours ago, ohcharles said:

I guess what I am asking is what we could prepare to help solidify her case to get pass CBP.

You're focusing so much on CBP.  She will need to be approved in an interview for the B visa first, and there is nothing you can do to influence how that goes.

[Capital Z 51]

5 hours ago, ohcharles said:

I would like for my wife to apply for a Tourist visa while we wait for our i-130 form gets processed. She is from Pakistan. I would like her to stay as long as possible. She's unemployed but is a recent graduate. She doesn't own any property in Pakistan(where she's from). I have a good job and would provide for her while she's here. I would like her to stay the maximum amount of time. I am worried about the CBP officer and them denying her entry because of the length of time I'd request to stay. We are fine with her leaving when the VISA is up, but I'd like to maximize time staying with her while we wait for the i-130. Should I just do 6 months or is that even a stretch?

Other people have rightly advised you her chances of getting a visit visa while I 130 petition is in process is very slim. I recently applied both of my parents and my sister visit visa but my parents got the visa but my sister got refused on the basis that she failed to prove strong ties to her home country. Getting a visit visa it self is hard since the applicant has to prove his/her internt by proving to CO regarding their strong ties no one else can but if you still want to try for it go head it never hurts to try. Good luck.

Edited May 19, 2021 by Capital Z

[igoyougoduke 1,656]

2 hours ago, ohcharles said:

Because work. I can’t afford taking so much leave from work. I do have a good chunk saved up, nearly two months but i’d ideally spread that out over the upcoming year and visit her at two weeks at a time. But that is my plan. I am going back to visit soon.  and i will use it all up, but i’ve even considered getting a job in dubai just to be with her.

if her true intentions of visiting to see you are true, she should have no issues at port of entry. Its not an interrogation. They want to know what her true purpose of visit is. If the true intentions are not visiting US, than they will know based on her responses. 

 

Tell the truth, dont make up stuff at any point just because you think the officer will believe it. CBP has seen and heard every story people spin to get entry. Speak the truth and be honest.

[aaron2020 11,651]

6 hours ago, ohcharles said:

yeah i get it now. they are suspicious of everyone especially from pakistan

It's not just Pakistan.  It's every country in the world.

When a USC is petitioning for a spouse, a lot of people think they can take a short cut by getting a visitor visa to come live with their USC spouse.  The US Government is well aware of this tactic and that is why it's almost impossible for a petitioned spouse to get a visitor visa.  The intent is not to vacation, but to come live with the USC spouse.

Let's be honest.  You said that you are busy working.  So, would your spouse be a tourist or would she be living with you like a normal couple?  

[Crazy Cat 41,846]

12 hours ago, ohcharles said:

yeah i get it now. they are suspicious of everyone especially from pakistan

Actually, EVERY person who applies for a tourist visa is already suspected of intent to stay in the US.  It has nothing to do with being Pakistani.

[African Zealot 1,455]

16 hours ago, ohcharles said:

I would like for my wife to apply for a Tourist visa while we wait for our i-130 form gets processed. She is from Pakistan. I would like her to stay as long as possible. She's unemployed but is a recent graduate. She doesn't own any property in Pakistan(where she's from). I have a good job and would provide for her while she's here. I would like her to stay the maximum amount of time. I am worried about the CBP officer and them denying her entry because of the length of time I'd request to stay. We are fine with her leaving when the VISA is up, but I'd like to maximize time staying with her while we wait for the i-130. Should I just do 6 months or is that even a stretch?

There is only one correct answer: the truth. $160 is not a lot of money, just apply and you’ll find out soon the result. Her chances are extremely slim though, but once again $160 is a reasonable amount for the visa lottery. 😁