Wait for Tourist Visa decision before filing I-130?

[Rahl90 0]

Hello,

 

I recently got married and my spouse lives in the UAE. I intend to bring her to the states and have started the I-130 online application. She has a pending tourist visa appointment in late July. I would like her to be able to visit me throughout the I-130 process while staying compliant with US immigration laws (i.e. not overstay). I also want to improve the odds of that tourist visa being approved so we can be together.

 

Should I wait for the visit visa outcome before filing I-130 application or apply regardless?

A lot of people have told me that with an existing immigration application on file the consulate officials might reject and tell her to wait for IR1/CR1 outcome and deny the visit visa.

 

I have searched the forum and people have commented that as long as they intent is to return it shouldn't be an issue. With that in mind, should I wait for the tourist visa outcome before filing the I-130 or apply now?

 

Thanks!

[Lil bear 4,316]

1 minute ago, Rahl90 said:

Hello,

 

I recently got married and my spouse lives in the UAE. I intend to bring her to the states and have started the I-130 online application. She has a pending tourist visa appointment in late July. I would like her to be able to visit me throughout the I-130 process while staying compliant with US immigration laws (i.e. not overstay). I also want to improve the odds of that tourist visa being approved so we can be together.

 

Should I wait for the visit visa outcome before filing I-130 application or apply regardless?

A lot of people have told me that with an existing immigration application on file the consulate officials might reject and tell her to wait for IR1/CR1 outcome and deny the visit visa.

 

I have searched the forum and people have commented that as long as they intent is to return it shouldn't be an issue. With that in mind, should I wait for the tourist visa outcome before filing the I-130 or apply now?

 

Thanks!

It is thought to be better to get the visitor visa in hand before filing the I 130 as this filing signals immigration intent. However it may still be rejected and then you are 4 months later filing the I130 with no gain made .. not an easy decision 

[Boiler 46,029]

You are married they can put 2 and 2 together

[Rahl90 0]

2 hours ago, Lil bear said:

It is thought to be better to get the visitor visa in hand before filing the I 130 as this filing signals immigration intent. However it may still be rejected and then you are 4 months later filing the I130 with no gain made .. not an easy decision 

Yeah thats exactly the dilemma. No clear answer. Wondering if anyone heard/been through something similar.

[Redro 4,611]

Did she indicate she was single or married on her DS160 application?

If she was single, she should update them on her marital status during the B2 interview.

[Redro 4,611]

Just now, Rahl90 said:

Yeah thats exactly the dilemma. No clear answer. Wondering if anyone heard/been through something similar.

A member from South Africa recently acquired a B2 after the I-130 was filed. It really has everything to do with existing ties to home country. 

[Rahl90 0]

1 minute ago, Kor2USA said:

Did she indicate she was single or married on her DS160 application?

If she was single, she should update them on her marital status during the B2 interview.

I believe at the time it said single. We have discussed that we want to be transparent with the interviewers and let them know she's married and will be visiting me.

[Redro 4,611]

3 minutes ago, Rahl90 said:

I believe at the time it said single. We have discussed that we want to be transparent with the interviewers and let them know she's married and will be visiting me.

Here is the thread:

 

Personally, I would file the I-130 ASAP. And be completely honest during the tourist interview.  

[Cathi 5,784]

5 hours ago, Rahl90 said:

 We have discussed that we want to be transparent with the interviewers and let them know she's married and will be visiting me.

Wanting and doing are two separate things. You without a doubt NEED to be transparent and change her status to married. If you lie or mislead in any way, shape or form it will come back to bite her and jeopardize her case. Misrepresentation is very serious. 

[Dashinka 24,767]

I agree with the others that suggested to get the I130 going as soon as possible.  Also, as others have said, the marital status on the DS160 has to be updated to avoid any issues down the road.  The CO's will make their decisions based on your spouse's ties to the UAE.

 

Good Luck!

 

 

[Sarah&Facundo 599]

It's going to come down to luck, really. When she lets them know she is married  to a USC and an I-130 has not been filed, it may appear to the CO like she is trying to get a B2 to avoid the process and overstay (even if that isn't the intent). But also, maybe not. It depends on the CO. 

Edited April 11, 2022 by Sarah&Facundo

[Chancy 6,243]

*** Moved from Bringing Family of USC forum to Tourist Visas forum ***

 

[JeanneAdil 6,624]

U say lives in UAE

but is UAE her native country?

[Rahl90 0]

Thanks for the feedback everyone! 

[vdog 1]

My wife is from the Dominican and she was able to get a tourist Visa to the US.  On one visit we got married, and she stayed for a month and went back home.  I applied for her CR1 and each time she'd return to the US, she caught hell at the airport.  One time she was held and grilled for 6 hours, she missed her flight and arrived a day later.  It's best to be honest with them and let them decide what they're going to do.  They're going to go through her phone and the whole 9 yards, if she's cool and honest that's all she can do.  Good luck to you guys.