Tourist Visa While Waiting for Spouse Visa?

[The White Fiance 22]

Is it possible for a foreign spouse to visit the USA temporarily on a tourist visa while waiting for a spouse visa to be issued?

[ineedadisplayname 502]

8 minutes ago, The White Fiance said:

Is it possible for a foreign spouse to visit the USA temporarily on a tourist visa while waiting for a spouse visa to be issued?

If you can convince the consular officer interviewing you for the tourist visa that you will return home then the answer it is possible.

Unfortunately all depends on your circumstances and we can't tell you a 100% yes or no. The only way to know for sure is to pay the visa fee and try to convince the officer that you are not just here to cut the wait time for the spousal visa.

Edited September 29, 2021 by ineedadisplayname

[The White Fiance 22]

Thanks for the info. We will see what we can do. She has visited two third countries with me without trying to stay, and she has a nice fat bank account in Zambia, so maybe we will get somewhere with the embassy.

[SalishSea 18,072]

7 minutes ago, The White Fiance said:

Thanks for the info. We will see what we can do. She has visited two third countries with me without trying to stay, and she has a nice fat bank account in Zambia, so maybe we will get somewhere with the embassy.

Bank account is not a tie to home - money can be transferred internationally.

 

The onus is on the B visa applicant to demonstrate strong ties to home and show why they will return to their country.

[The White Fiance 22]

That is interesting, because other countries told us the opposite.

[aaron2020 11,651]

21 minutes ago, The White Fiance said:

Thanks for the info. We will see what we can do. She has visited two third countries with me without trying to stay, and she has a nice fat bank account in Zambia, so maybe we will get somewhere with the embassy.

Hi,

 

She wasn't trying to immigrate to those two third countries and you weren't living there, so there's not much weight given to these trips.

 

The most common reason for a denial in a case like yours is that the US Embassy will suspect that the tourist visa applicant has no real intention of tourism, but to come and live with the US spouse in violation of the terms of the tourism visa while waiting for an immigration visa.  A tourism visa is not for coming early to live with the US spouse.

 

Just letting you know how your situation is viewed since it's a common question on VJ if my spouse can get a tourist visa while waiting for an immigrant visa.

Good luck with the tourist visa application. 

[SalishSea 18,072]

8 minutes ago, The White Fiance said:

That is interesting, because other countries told us the opposite.

Maybe so, but evaluating the immigrant intent of US visitor visa applicants is required by law.

[The White Fiance 22]

She was not trying to move to the other countries, but they thought she was, just as the USA will think she is trying to move here early.

 

Anyway, the game is what it is, so we will do what we can.