Applying for tourist visa while in CR-1 process

[Emily8460 13]

Hello. My Tunisian husband and I applied for the CR-1 in October. We received the NOA1 and it was sent to Nebraska. We are waiting to hear back about the next steps and interview

 

we really want my husband to attend my brothers wedding in March in America. We know we won’t have the interview and be approved by then. So can we apply for the tourist visa to America while we are waiting?  I see it may look sketchy. Has anyone does this or have advice. Tunisia is giving tourist visas now. 
 

please help and give advice! 
thank you! 

[Crazy Cat 42,033]

You can try.  Just don't set any expectations.  He will have to show strong ties to his country.  Another issue is when he can even get an interview for a B2.  Good luck

[Emily8460 13]

3 minutes ago, Crazy Cat said:

You can try.  Just don't set any expectations.  He will have to show strong ties to his country.  Another issue is when he can even get an interview for a B2.  Good luck

See strong ties is the issue. His whole family is here and he has a car but he doesn’t work in Tunisia he’s working online with Asian clients. What else could show strong  ties ?

[Dashinka 24,717]

Unfortunately, it is hard to say what an Consulate Officer will see as strong ties.  By law, the COs have to assume someone applying for a B2 has immigration intent and it is up to the applicant to prove otherwise. In your spouse’s case, having a USC spouse along with many other relatives in the US as well as a transient type of job, it will be hard.  If he has property, or school that needs him to return might or might not help.  As @Crazy Cat mentioned, he can try and apply, but the odds do not seem in his favor, so don’t get your hopes up, and he should look at the schedule for the consulate in Tunisia to see if they are even processing regular B2 applications right now.

 

Good Luck!

[Emily8460 13]

1 minute ago, Dashinka said:

Unfortunately, it is hard to say what an Consulate Officer will see as strong ties.  By law, the COs have to assume someone applying for a B2 has immigration intent and it is up to the applicant to prove otherwise. In your spouse’s case, having a USC spouse along with many other relatives in the US as well as a transient type of job, it will be hard.  If he has property, or school that needs him to return might or might not help.  As @Crazy Cat mentioned, he can try and apply, but the odds do not seem in his favor, so don’t get your hopes up, and he should look at the schedule for the consulate in Tunisia to see if they are even processing regular B2 applications right now.

 

Good Luck!

Thank you! So the question is now… will it hurt our current spouse visa application if we do try for tourist? Worse case tourist is denied but we wouldn’t want them to think something is fishy and possibly deny spouse visa or extend processing because they saw we tried for tourist too. 
 

Thank you! 

[Dashinka 24,717]

Just now, Emily8460 said:

Thank you! So the question is now… will it hurt our current spouse visa application if we do try for tourist? Worse case tourist is denied but we wouldn’t want them to think something is fishy and possibly deny spouse visa or extend processing because they saw we tried for tourist too. 
 

Thank you! 

As long as he does not misrepresent anything when applying for a B2, it will not hurt the CR1 application.  My now wife applied twice for B2s and was denied both times, it had no impact on our subsequent K1 application.

 

Good Luck!

[Boiler 45,907]

Visitor Visa    180 Calendar Days to get an interview

 

All moot

[Crazy Cat 42,033]

I tried to post this right after my first comment....but I guess I didn't click the "submit" button.

Edited January 16, 2022 by Crazy Cat

[JeanneAdil 6,606]

1 hour ago, Emily8460 said:

See strong ties is the issue. His whole family is here and he has a car but he doesn’t work in Tunisia he’s working online with Asian clients. What else could show strong  ties ?

strong ties are 

a job

owning property

having bank account(s) to afford the trip

 

he can apply but faces denial of any tourist visa at this point as there is a CR1 in the process and that shows  "immigration intent"

 

 

 

[powerpuff 6,746]

~ Moved from IR1/CR1 Progress Reports to Tourist Visas as the question is about obtaining a tourist visa ~