Tourist Visa Renewal During IR Visa Process

[seekingthetruth 1,246]

Ok, back to the tourist visa renewal for my wife....

 

These are the Interview Waiver requirements.  I just want to make sure I understand the last one in red.  Your interpretation?  She has never requested any change to her tourist visa, which expired in June 2018.

 

Eligibility Criteria for Interview Waiver Applicants:

• I have a previous B1/B2 visa that I wish to renew;
• My prior visa was valid for ten (10) years;
• My prior visa is still valid or has expired within the last 48 months;
• I have in my possession my passport with my previous visa from the same visa category for which I now wish to apply;
• 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); **
• My most recent visa was issued on or after my 14th birthday; ***
• The last time I applied for a visa it was approved;
• I have not requested an extension or change of status through USCIS. 

[Adventine 3,196]

9 hours ago, seekingthetruth said:

Ok, back to the tourist visa renewal for my wife....

 

These are the Interview Waiver requirements.  I just want to make sure I understand the last one in red.  Your interpretation?  She has never requested any change to her tourist visa, which expired in June 2018.

 

Eligibility Criteria for Interview Waiver Applicants:

• I have a previous B1/B2 visa that I wish to renew;
• My prior visa was valid for ten (10) years;
• My prior visa is still valid or has expired within the last 48 months;
• I have in my possession my passport with my previous visa from the same visa category for which I now wish to apply;
• 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); **
• My most recent visa was issued on or after my 14th birthday; ***
• The last time I applied for a visa it was approved;
• I have not requested an extension or change of status through USCIS. 

 

That part in red refers to people who entered the US on tourist visas and, while in the US, filed I-539, Application To Extend/Change Nonimmigrant Status or filed Adjustment of Status through their USC spouse.

[seekingthetruth 1,246]

19 minutes ago, Adventine said:

 

That part in red refers to people who entered the US on tourist visas and, while in the US, filed I-539, Application To Extend/Change Nonimmigrant Status or filed Adjustment of Status through their USC spouse.

I was just going through the DS-160 application example, and I see this question.  I wonder how much detail we can put there to explain the situation in a way that will assure them there is no intent to stay in the U.S., until immigration in 2023?

 

[Adventine 3,196]

Hmmm, I think short and direct will do. Something like "We wish to visit the US for tourism in 2021/early 2022. We will return to our PH home after our short US trip, and we will attend the immigrant visa interview at US Embassy Manila, expected late 2022/2023."

Edited October 30, 2021 by Adventine

[SusieQQQ 11,586]

16 minutes ago, seekingthetruth said:

I was just going through the DS-160 application example, and I see this question.  I wonder how much detail we can put there to explain the situation in a way that will assure them there is no intent to stay in the U.S., until immigration in 2023?

 

The “explain” is really just for who has filed. You can write a note trying to reassure them, but the mere fact of the petition is probably going to mean they do actually call your wife in for an interview, which they always reserve the right to do even if the applicant meets all the requirements for an interview waiver.

[seekingthetruth 1,246]

7 minutes ago, SusieQQQ said:

The “explain” is really just for who has filed. You can write a note trying to reassure them, but the mere fact of the petition is probably going to mean they do actually call your wife in for an interview, which they always reserve the right to do even if the applicant meets all the requirements for an interview waiver.

Right.  Which brings us full circle back to the question, would they even give her an interview during current Covid limitations on tourist visas?

 

I'm starting to think that pursuing the tourist visa might be fruitless.  As I mentioned, I was considering it a backup plan and was willing to spend the application fee as insurance.  And that was based on getting it during this limited time (til December 31) that she can possibly renew with Interview Waiver.  Even if she is granted an interview, that increases our costs a lot.  Time and money to go to the Embassy is quite a lot for us, especially during school.  And then, we probably won't even use it.

 

If our main plan is to get the IR visas this spring 2022 and enter the U.S. in summer for a vacation / exploration trip, perhaps we will forget about the tourist visa.  I don't mind spending the $160 as insurance but if we end up having to go to Manila, that will double our costs.  And the tourist visa will just be cancelled when she gets the immigrant visa.

[seekingthetruth 1,246]

On 10/29/2021 at 8:21 AM, seekingthetruth said:

So, we will not move our household in June 2022 due to the high costs, and we will delay a year.  Here is my proposed backup plan.  Shoot it full of holes if needed. 🙂

 

1.  Holding final submissions to NVC until early next year.  Still trying to have immigrant visas for wife and stepdaughter in hand by June 2022.  Hopefully medicals and interviews in March / April 2022.

 

2.  Will submit for tourist visa renewal for my wife this next week.  This is really just for a backup and might not be used.  As noted, my step daughter has her b1/b2.

 

3.  Assuming that the immigrant visas are issued in the planned timeframe, we will take a trip to the U.S. in the June-August 2022 timeframe.  My wife and step daughter will enter the U.S. and become LPRs.  However, after the trip, we will return to the Philippines.  The purpose of the trip will be tourist / family visiting / scouting.

 

4.  Then our final move will be around June 2023 after the kids finish the school year.  This will be much easier because we will have all the visa work done and out of the way.

@SusieQQQ @Chancy @Adventine

 

I think my plan above has a fatal flaw.  I was thinking about this over the weekend and then the USC woman from Costa Rica posted about a similar situation.

 

Domicile.  We can't enter the U.S. with the IR visa unless I, the petitioner, am going to stay and be domiciled.  We can't take a "vacation / exploration" trip using the IR visa.

 

So, back to the tourist visa.

[Adventine 3,196]

Ah, thanks for clarifying! I thought you would be with them on both trips (using their tourist visas and IR visas). And I thought that, on one of those trips, you would already have secured a US home/condo, thus re-establishing your US domicile. At least that's what I remembered from your previous posts, but I could have the timeline mixed up in my head.

 

For sure, go with the tourist visa renewal with your wife. It gives you more flexibility. I have a feeling your plans are still going to change in the coming months.

Edited November 3, 2021 by Adventine

[Chancy 6,241]

15 hours ago, seekingthetruth said:

Domicile.  We can't enter the U.S. with the IR visa unless I, the petitioner, am going to stay and be domiciled.  We can't take a "vacation / exploration" trip using the IR visa.

 

Nope, no issue in your case.  If I understand correctly, you plan to travel together with your family when they first enter the US with their immigrant visas.  That's enough to address potential concerns at POE regarding domicile.  They key point is that you must be in the US when your family arrives.  It would be fine if you and your family travel abroad after a short exploration trip.  Just make sure your LPR family members return to the US within 6 months.

 

The issue with the original plan of the member from Costa Rica is that she would stay in CR while her immigrant husband would enter the US alone to "activate" his IR1 visa.  That doesn't comply with the domicile requirement that CBP may ask about at POE, which is -- the petitioning sponsor must precede or accompany the beneficiary upon admission to the US with their immigrant visa.

 

[seekingthetruth 1,246]

4 hours ago, Chancy said:

 

Nope, no issue in your case.  If I understand correctly, you plan to travel together with your family when they first enter the US with their immigrant visas.  That's enough to address potential concerns at POE regarding domicile.  They key point is that you must be in the US when your family arrives.  It would be fine if you and your family travel abroad after a short exploration trip.  Just make sure your LPR family members return to the US within 6 months.

 

The issue with the original plan of the member from Costa Rica is that she would stay in CR while her immigrant husband would enter the US alone to "activate" his IR1 visa.  That doesn't comply with the domicile requirement that CBP may ask about at POE, which is -- the petitioning sponsor must precede or accompany the beneficiary upon admission to the US with their immigrant visa.

 

OK, that sounds good, but I am not sure how I express my "intent to re-establish domicile".  When we were targeting moving for June 2022, I built up my evidence of intent to re-establish domicile around that move date.  Contact with realtors, contact with schools, financial institutions, etc., etc.  I also have a domicile cover letter explaining our plans.  In any case, I will have to modify all of this, but I am not quite sure how to do it if we travel on the IR visa for a visit before our actual move.

 

Currently, on my I-864. I have my domicile as the Philippines, and then in the Additional Information section, I have "Please see included document "Petitioners Domicile Declaration.pdf"." and that document has all the information about our plans.

[Redro 4,611]

2 hours ago, seekingthetruth said:

OK, that sounds good, but I am not sure how I express my "intent to re-establish domicile".  When we were targeting moving for June 2022, I built up my evidence of intent to re-establish domicile around that move date.  Contact with realtors, contact with schools, financial institutions, etc., etc.  I also have a domicile cover letter explaining our plans.  In any case, I will have to modify all of this, but I am not quite sure how to do it if we travel on the IR visa for a visit before our actual move.

 

Currently, on my I-864. I have my domicile as the Philippines, and then in the Additional Information section, I have "Please see included document "Petitioners Domicile Declaration.pdf"." and that document has all the information about our plans.

Is going to the States on an exploratory visit really necessary? It sounds like going to the States and activating the IR visa before you're ready to actually move is causing more headaches than helping the situation. 

Have you explored the possibility of moving to the States in 2022, staying there and having family members in the Philippines store your belongings until shipping prices drop? Two of my friends who've just relocated to the States are doing just that. 

[seekingthetruth 1,246]

32 minutes ago, Kor2USA said:

Is going to the States on an exploratory visit really necessary? It sounds like going to the States and activating the IR visa before you're ready to actually move is causing more headaches than helping the situation. 

Have you explored the possibility of moving to the States in 2022, staying there and having family members in the Philippines store your belongings until shipping prices drop? Two of my friends who've just relocated to the States are doing just that. 

The "exploratory" trip is dual purpose.  Vacation to see family and the exploratory part means to look around San Antonio.  Might even take action to establish some banking, etc.

 

We will take the trip even if we do not travel on the IR visa.  In that case, my wife needs to renew her tourist visa.

 

I can't see how we could store things here in the Philippines and delay moving them.  Our family of 5 will need things and I don't want to buy everything new on arrival.  Also, it is not just the moving cost, it is the cost of vehicles on arrival.

 

I think you are right that activating the IR visa before we are actually moving may be more hassle than it is worth.  I'm leaning towards using a renewed tourist visa when we take the trip.

 

[seekingthetruth 1,246]

On 10/30/2021 at 11:22 PM, SusieQQQ said:

The “explain” is really just for who has filed. You can write a note trying to reassure them, but the mere fact of the petition is probably going to mean they do actually call your wife in for an interview, which they always reserve the right to do even if the applicant meets all the requirements for an interview waiver.

Update:

I put short but detailed explanation in the Explain box, telling them exactly why we were postponing pursuing the IR visas, and why she needed the tourist visa renewal.

 

Interview Waiver Tourist Visa Renewal was approved today!

 

There were a few bumps in the process.  I will probably make a new topic for that.