Tourist Visa Renewal During IR Visa Process

[seekingthetruth 1,246]

Yes, I know, there are other topics on this.  I was inspired to post after reading about the Thailand case.

 

My case: IR visas are at NVC for my wife and step-daughter.  Currently in delay mode.

 

You may recall that I am planning to move our family to San Antonio, Texas, in June 2022, although the San Antonio and Texas parts are probably only 80-90% at this point.  I am watching the housing market carefully, as well as investigating schools in various markets.

 

I have never been to San Antonio and have only been to Texas (Dallas) when I was around 10 years old.  Our choice of San Antonio as a good place to live is based on research, mostly online, including many factors that I won't go into detail on.  Cost of living and schools have high weighting.

 

Recently, I have been getting a bit nervous about moving to a place that I have never been to physically.  Thus, I have been thinking about taking an exploratory / house hunting trip, to reassure myself that I am making a good decision.  Of course, it makes sense to take the whole family to see our possible new home.

 

My wife had a B1/B2 visa that expired 06/25/2018.  She has been to the U.S. 3 times on that visa.  My step daughter has a B1/B2 visa valid until 2026. My two younger daughters are dual citizens.

 

Reading the USEM Manila website, it says "Visa appointments and processing for B1/B2 (Business/Tourist) remain suspended, with the exception of interview waiver renewals".

 

I have found and read the requirements for interview waiver renewals.  My wife meets them.

 

Do you think they would grant my wife a B1/B2 renewal, given that we are in the middle of the IR process?  We would be completely honest about the reasons, etc.  If asked, ties to homeland currently are house, 2 cars, 3 kids enrolled in school, etc.  Cost be damned, I am considering a Christmas trip when the kids are out of school.

 

No need to discuss the difficulties with travel from/to the Philippines.  I am well aware.  I would love to hear opinions on all other parts of the post.  I considered putting this in the Philippines forum, but decided it was better here.

 

 

[SusieQQQ 11,586]

Just send the application in…if they decide they need to interview her they will let her know.

 

 

PS we basically moved to a town we’d never seen and also chose online based on various factors, though we had visited the broader Bay Area and had spoken to people who lived in the area. (We struck gold with ours.) I’m not sure how much you’re going to get from a visit, though psychologically it probably will be much more comfortable to move once you’ve been there I guess. An obvious recommendation is to rent first rather than buy to be sure you like the area, schools etc. the flip side of that is to still try choose your rental area well because you don’t want to have to change school districts unnecessarily too soon again after such a big move either.  Good luck.

 

 

Edited October 3, 2021 by SusieQQQ

[seekingthetruth 1,246]

1 hour ago, SusieQQQ said:

Just send the application in…if they decide they need to interview her they will let her know.

 

 

PS we basically moved to a town we’d never seen and also chose online based on various factors, though we had visited the broader Bay Area and had spoken to people who lived in the area. (We struck gold with ours.) I’m not sure how much you’re going to get from a visit, though psychologically it probably will be much more comfortable to move once you’ve been there I guess. An obvious recommendation is to rent first rather than buy to be sure you like the area, schools etc. the flip side of that is to still try choose your rental area well because you don’t want to have to change school districts unnecessarily too soon again after such a big move either.  Good luck.

 

 

Yes, I have 2 schools targeted and have found that there are a few nice high end apartment complexes within their boundaries.  In addition to checking out the neighborhoods, I would look at these complexes, and perhaps talk to them about getting pre-approved. 

 

Another reason for renting is that I believe house prices will be downtrending next year.  Renting for a year+ would probably place us in a better position as a buyer.  I already am talking to two realtors as well, and will meet with them if we take a trip.

[Adventine 3,196]

It's worth trying to renew your wife's tourist visa - at worst, if she is denied because of her pending IR case, you are only out the USD 160.

 

I also agree that renting is definitely better at this point. Hopefully you and your entire family will adjust easily to life in the US, but it may not be the case.

[top_secret 2,417]

At this time USEM is being very lenient with interview waived lockbox renewals of expired or expiring B1/B2 visas where the holder has good travel history.   They are actually processing more than 2,000 B1/B2 lockbox renewals a month and really issuing visas.   At the same time USEM is canceling ALL B1/B2 interviews month by month every month and of course the epic backlogs for K-1's and some other categories.  So while no one could even guess what the result would be for your specific case,  one could confidently say that there has never been an easier, more lenient time for B1/B2 visa renewals at US Embassy Manila than it is right now.

[seekingthetruth 1,246]

7 hours ago, top_secret said:

At this time USEM is being very lenient with interview waived lockbox renewals of expired or expiring B1/B2 visas where the holder has good travel history.   They are actually processing more than 2,000 B1/B2 lockbox renewals a month and really issuing visas.   At the same time USEM is canceling ALL B1/B2 interviews month by month every month and of course the epic backlogs for K-1's and some other categories.  So while no one could even guess what the result would be for your specific case,  one could confidently say that there has never been an easier, more lenient time for B1/B2 visa renewals at US Embassy Manila than it is right now.

Thanks for the info!

 

Now I have to figure out if we could really take a trip with the whole family of 5.  Coming home would be terrible if we had to do a quarantine hotel.  Expensive and time consuming.  I hope they will ease up soon.

 

I may go ahead and apply.  It would be nice to have the B1/B2 in hand, even if we end up not using it.  Maybe worth the $160.

[seekingthetruth 1,246]

@SusieQQQ @top_secret @Adventine

 

Ok, another couple of scenarios, probably due to my lack of knowledge of the last stages of the IV process.

 

A.  Suppose the IVs for my wife and step daughter are all finished.  Can we take a house hunting trip before our final move trip?  E.g., immigrant visas are finished in April, and in hand.  We have the packets.  In May, we take a house hunting trip and at the port, we hand over the packets.  We only want to stay a month, then fly back to PH, finish packing up, then make our final flight in June.  Is this allowed?

 

B.  Similar timing scenario, but, my wife and step-daughter both have tourist visas.  When the IVS finish in April, if A above is not allowed, can they enter the U.S. with the tourist visa, keep the packet, stay a month, go back to PH, then when were come back permanently in June, hand over the packet?

 

Especially with Covid and quarantines, probably not likely to do it, but wondering about options.

 

[SusieQQQ 11,586]

1 hour ago, seekingthetruth said:

@SusieQQQ @top_secret @Adventine

 

Ok, another couple of scenarios, probably due to my lack of knowledge of the last stages of the IV process.

 

A.  Suppose the IVs for my wife and step daughter are all finished.  Can we take a house hunting trip before our final move trip?  E.g., immigrant visas are finished in April, and in hand.  We have the packets.  In May, we take a house hunting trip and at the port, we hand over the packets.  We only want to stay a month, then fly back to PH, finish packing up, then make our final flight in June.  Is this allowed?

 

B.  Similar timing scenario, but, my wife and step-daughter both have tourist visas.  When the IVS finish in April, if A above is not allowed, can they enter the U.S. with the tourist visa, keep the packet, stay a month, go back to PH, then when were come back permanently in June, hand over the packet?

 

Especially with Covid and quarantines, probably not likely to do it, but wondering about options.

 

You can certainly enter using the immigrant visas, they become LPRs immediately, as long as you return again within a year after leaving (ideally within 6 months so as not to disrupt the naturalization process) it’s no problem. This is in fact exactly what we did on our IVs.

(In most cases any existing non immigrant visa will be stamped “cancelled without prejudice” when an immigrant visa is issued.)

 

[Adventine 3,196]

Agreed with @SusieQQQ

 

Scenario A is perfectly doable and is in fact one of the major advantages of the visas your wife and stepdaughter are applying for.

[seekingthetruth 1,246]

21 minutes ago, SusieQQQ said:

You can certainly enter using the immigrant visas, they become LPRs immediately, as long as you return again within a year after leaving (ideally within 6 months so as not to disrupt the naturalization process) it’s no problem. This is in fact exactly what we did on our IVs.

(In most cases any existing non immigrant visa will be stamped “cancelled without prejudice” when an immigrant visa is issued.)

 

Ah, ok.  That also makes sense about cancelling the tourist visa when they have the passport.

Edited October 5, 2021 by seekingthetruth

[seekingthetruth 1,246]

On 10/5/2021 at 8:50 AM, seekingthetruth said:

Now I have to figure out if we could really take a trip with the whole family of 5.  Coming home would be terrible if we had to do a quarantine hotel.  Expensive and time consuming.  I hope they will ease up soon.

Apparently Philippines just loosened the quarantine rules which may help.  I will make another post about that if it has not been done.

[seekingthetruth 1,246]

@SusieQQQ I copied our relevant conversation from the other topic so I don't hijack that one any more.  My latest response at the bottom.  🙂

================================

Are you a USC/LPR and did you marry your wife after her last visa was granted?

 

I'm a USC but she got her visa before we were married in 2015.  It expired in 2018.

 

 

So I’d definitely prepare for the possibility of her being asked to come in for an interview then, might depend on consulate too.

 

Also the extension in eligibility for 4 years for interview waiver is so far only slated to be in place till December so I guess she should apply soon if that’s the way she wants to go https://travel.state.gov/content/travel/en/News/visas-news/expansion-of-interview-waiver-eligibility.html

 

That would not be a huge issue because we don't have immediate plans to travel, but this is at the Manila embassy.  They are not really scheduling regular B1/B2 interviews but I wonder if they might in this situation.

 

However, I just remembered that name changes due to marriage are allowed in the new rules, so it seems unlikely getting married would be an issue.  

 

However, I just remembered that name changes due to marriage are allowed in the new rules, so it seems unlikely getting married would be an issue.  

 

http://cdn.ustraveldocs.com/ph/ph-niv-visarenew.asp

My name, date of birth, and gender on my last visa are the same (If there is name change due to marriage or annulment, I can provide documentary proof); **

 

? It wasn’t the name change I was thinking of but the actual fact that she now has a usc spouse. I doubt they would schedule an interview if they are not doing routine ones just because someone doesn’t qualify for a waiver but who knows.

===================================

 

I see what you are saying but is it relevant to the tourist visa renewal that she married a USC?  I guess there is no way to know for sure.  She was separated for a long time from her first short marriage when she got the first B1 visa via her work.  She worked in the U.S. on a company project in 2008, for 4 months.  She got an annulment in 2012.  After we met, she used the same visa to come to the U.S. in 2012 for a month to help me pack up for my move to the Philippines.  Then after our marriage in 2015 and after our USC (dual) daughters were born, we took a family vacation to the U.S. in 2017.  I don't know if any of that is relevant, except maybe that she used the old visa after we were married.

 

 

 

 

[SusieQQQ 11,586]

3 hours ago, seekingthetruth said:

@SusieQQQ I copied our relevant conversation from the other topic so I don't hijack that one any more.  My latest response at the bottom.  🙂

================================

===================================

 

I see what you are saying but is it relevant to the tourist visa renewal that she married a USC?  I guess there is no way to know for sure.  She was separated for a long time from her first short marriage when she got the first B1 visa via her work.  She worked in the U.S. on a company project in 2008, for 4 months.  She got an annulment in 2012.  After we met, she used the same visa to come to the U.S. in 2012 for a month to help me pack up for my move to the Philippines.  Then after our marriage in 2015 and after our USC (dual) daughters were born, we took a family vacation to the U.S. in 2017.  I don't know if any of that is relevant, except maybe that she used the old visa after we were married.

 

 

 

 

Of course it’s relevant! That was the whole point in explaining my own experience. She has now gotten a stronger tie to the US and it changes the way they will look at immigrant intent.  That was why I got called in for my kids - I was directly asked “we see there has been a petition filed for you, do you actually intend to immigrate”. (This wasn’t even directly on my kids forms as they were only derivatives btw…) You do know, I presume, that every tourist visa applicant is presumed to have immigrant intent unless they can prove otherwise?

 

Using the old visa after you married imo is not entirely relevant as there would have been no update in the consular or CBP records about your marriage when she entered. There will be now that a new form will be filled in. The fact that she has visited in the past and returned is a good sign for her getting a visa, but potentially not a good sign for it being deemed a waived interview application. 

[seekingthetruth 1,246]

2 minutes ago, SusieQQQ said:

Of course it’s relevant! That was the whole point in explaining my own experience. She has now gotten a stronger tie to the US and it changes the way they will look at immigrant intent.  That was why I got called in for my kids - I was directly asked “we see there has been a petition filed for you, do you actually intend to immigrate”. (This wasn’t even directly on my kids forms as they were only derivatives btw…) You do know, I presume, that every tourist visa applicant is presumed to have immigrant intent unless they can prove otherwise?

 

Using the old visa after you married imo is not entirely relevant as there would have been no update in the consular or CBP records about your marriage when she entered. There will be now that a new form will be filled in. The fact that she has visited in the past and returned is a good sign for her getting a visa, but potentially not a good sign for it being deemed a waived interview application. 

Ok, I understand now.  The problem was I completely missed your point when you were talking about your kids.  I think I skimmed over it.

 

I kind of doubt that they would allow her to interview if needed.  So we just have to weigh the risk of losing $160 vs. the worth of the renewal.

[seekingthetruth 1,246]

Well,  looks like fate has made our decision.  We discussed it last night and we will postpone our move to the U.S. for one year.  Everything is just too crazy in the U.S. right now.  Supply chain disruptions, shortages of all kinds of stuff, housing bubble not quite popped yet, new and used cars in a bubble, and on and on and on! 

 

The final straw was shipping our household goods.  In Oct. 2020 I was given a quote of 8-10,000 USD to ship a 20 foot container from Subic Bay to Houston.  The same guy got back to me with an update this week.  At least 25k now!  He said the 20 foot container ocean cost was $3200 in 2019 and is now $19,000 plus!

 

So we will wait and I will push forward with the tourist visa.   Hopefully we can take a trip to the U.S. next year.