Form DS-260

[Marcelo & Ciara 12]

I´ve been told that, if my spouse is currently living abroad, he must still file Form DS-260 (Immigrant Visa and Alien Registration Application) to obtain a visa to immigrate to the United States, but he has a current tourist visa already (B1/B2), would he still need to file Form DS-260?

 

Also, would he be able to travel to the US with his tourist visa while the process is ongoing?

 

Thank you so much in advance!

[arken 4,197]

6 minutes ago, Marcelo & Ciara said:

would he still need to file Form DS-260?

Yes, he need to submit that to apply for an immigrant visa, His B1/B2 visa is the non immigrant visa.

 

I hope you are also told or at least aware of that it starts with you petitioning your spouse via i130. Your spouse can't just submit DS-260 without your petition.

 

8 minutes ago, Marcelo & Ciara said:

would he be able to travel to the US with his tourist visa while the process is ongoing?

Yes however it depends on the CBP to allow him or not.

 

 

[Crazy Cat 42,420]

The DS-260 is used when an applicant applies for an IMMIGRANT visa (at the NVC stage).  It is not associated with a tourist visa.  Your spouse is allowed to visit the US during the spousal visa process as long as he has a valid entry document (tourist visa, etc) and as long as he can convince CBP that he will return to his country after the visit.  Good luck.

[Lil bear 4,346]

12 minutes ago, Marcelo & Ciara said:

I´ve been told that, if my spouse is currently living abroad, he must still file Form DS-260 (Immigrant Visa and Alien Registration Application) to obtain a visa to immigrate to the United States, but he has a current tourist visa already (B1/B2), would he still need to file Form DS-260?

 

Also, would he be able to travel to the US with his tourist visa while the process is ongoing?

 

Thank you so much in advance!

DS 260 is required at the NVC processing stage ( after the I 130 is approved). Compared to the DS260, the application form for the visitors visa is a “ walk in the park”.  
 

Entering unto the US is always at the discretion of the CBP at entry, but yes a current visitor visa can be used while the immigration application is in process .. used for a visit only .. not  to stay 

 

Edited August 31, 2021 by Lil bear

[Marcelo & Ciara 12]

3 minutes ago, arken said:

Yes, he need to submit that to apply for an immigrant visa, His B1/B2 visa is the non immigrant visa.

 

I hope you are also told or at least aware of that it starts with you petitioning your spouse via i130. Your spouse can't just submit DS-260 without your petition.

 

Yes however it depends on the CBP to allow him or not.

 

 

Thank you very much, we´re about to file the I-130 and I-130a Forms, but we want to be sure about everything and have a broader picture of it all before we do.

This was very helpful, thaks again!

[Marcelo & Ciara 12]

4 minutes ago, Lil bear said:

DS 260 is required at the NVC processing stage ( after the I 130 is approved). Compared to the DS260, the application form for the visitors visa is a “ walk in the park”.  
 

Entering unto the US is always at the discretion of the CBP at entry, but yes a current visitor visa can be used whole the immigration application is in process .. used for a visit only .. not  to stay 

 

Thank you so much, exactly what I was wondering.

 

He went to college here in the US, has worked here as well, so hopefully the CBP wont have any issues on letting him in.

[Marcelo & Ciara 12]

8 minutes ago, Crazy Cat said:

The DS-260 is used when an applicant applies for an IMMIGRANT visa (at the NVC stage).  It is not associated with a tourist visa.  Your spouse is allowed to visit the US during the spousal visa process as long as he has a valid entry document (tourist visa, etc) and as long as he can convince CBP that he will return to his country after the visit.  Good luck.

Perfect, thank you very much for your response, we will proceed that way and keep in mind all of this.

Best Regards!

 

[Chancy 6,243]

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