i-130 Can my spouse visit if I'm having surgery while I130 is pending

[LObiadi 2]

I am having major surgery early next year. We filed our I-130 in August, so obviously we have no updates on progress and probably won't for a long time. Is it possible for my husband to apply for a travel visa to come to the U.S. to be with me for my surgery and help me during recovery for a couple of weeks, or is it an issue since we filed our I-130?

Thanks.

[Allaboutwaiting 2,503]

You can try but there is no guarantee it will be approved.

I think it would be better trying to expedite your case.

Edited October 11, 2021 by Allaboutwaiting

[LObiadi 2]

3 minutes ago, Allaboutwaiting said:

You can try but there is no guarantee it will be approved.

I think it would be better trying to expedite your case.

Ok. How do I go about that expediting process?

[Allaboutwaiting 2,503]

5 minutes ago, LObiadi said:

Ok. How do I go about that expediting process?

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

[LObiadi 2]

28 minutes ago, Allaboutwaiting said:

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Thank you.

[TBoneTX 45,304]

Thread is moved from US Immigration News to the CR-1 Process forum.

[JeanneAdil 6,510]

many have asked "can my mother come on tourist visa to help me as i  am pregnant?"

and anwser is "not allowed to work while on a tourist visa "   

isn't this the same kind of work????

 

[pushbrk 12,898]

5 hours ago, JeanneAdil said:

many have asked "can my mother come on tourist visa to help me as i  am pregnant?"

and anwser is "not allowed to work while on a tourist visa "   

isn't this the same kind of work????

 

It's the same kind of work but this kind of "work" definitely IS allowed.  Washing dishes is work.  Is your visiting parent not allowed to wash dishes in your home when visiting?  Sheesh.

 

That said, the spouse with immigrant intent is unlikely to be granted a visitor visa during their immigrant visa process.  They are allowed to visit if they already have the visa or are from a country from which visitors do not need visas.  Visitors are definitely allowed to cook, clean, do yard work, etc. while visiting.  The just can't become "employed".  Note what we often refer to as "work authorization" is really "Employment Authorization".  EAD stands for Employment Authorization Document.

[Wouter 141]

This is a question that comes up a lot and everyone is giving you good answers.

I just want to point out one aspect that is not always highlighted:

It is totally possible and allowed for your husband to apply for a tourist visa. It is absolutely fine for someone who filed an I-130 and therefore has a clear immigration intent to apply for a B1/B2 non-immigrant visa, as long as all the information you give on the application is truthful. As people have pointed out, there is a significant chance the B1/B2 application will be denied, but if you don't mind the cost and effort it may be worth trying. A denial will not be held against you for your I-130, it will not hurt your case as long as you are being open and honest during your B1/B2 application.

(If it does get denied you will have to mention this in the DS-260 form when you get to the NVC stage. But it does not hurt your case.)

At the same time you should definitely explore the possibility to expedite your I-130.

 

[LObiadi 2]

12 minutes ago, Wouter said:

This is a question that comes up a lot and everyone is giving you good answers.

I just want to point out one aspect that is not always highlighted:

It is totally possible and allowed for your husband to apply for a tourist visa. It is absolutely fine for someone who filed an I-130 and therefore has a clear immigration intent to apply for a B1/B2 non-immigrant visa, as long as all the information you give on the application is truthful. As people have pointed out, there is a significant chance the B1/B2 application will be denied, but if you don't mind the cost and effort it may be worth trying. A denial will not be held against you for your I-130, it will not hurt your case as long as you are being open and honest during your B1/B2 application.

(If it does get denied you will have to mention this in the DS-260 form when you get to the NVC stage. But it does not hurt your case.)

At the same time you should definitely explore the possibility to expedite your I-130.

 

Ok good to know. Thank you so much. 

[Redro 4,611]

29 minutes ago, LObiadi said:

Ok good to know. Thank you so much. 

A buddy of mine (from SA) got a B1/B2 visa while his i-130 was pending (and he had a denial beforehand). They asked why he couldn't wait for his CR1 to come through and he told them the reason for his visit. He gave convincing evidence on why he wouldn't adjust status (job, housing contract, other strong ties to SA). I believe he wasn't given a 10 year visa but a shorter term but he did receive a non-immigrant visa after that interview.

Your spouse should be totally honest with the interviewer about why he needs to be with you and show that he will indeed return to SA after the surgery/ recovery.