Brainstorming Ideas on how to proceed

[tennisFL 3]

21 minutes ago, iwannaplay54 said:

If you continue to try to plan ways to violate immigration laws you’re gonna get tossed off the site bro.  This isn’t India and this isn’t funny.  
When we got married and applied for a tourist visa to visit the CO laughed at us.

You want to work in the US while your application is pending you’re gonna be separated.  That’s how it works.  You can apply for a tourist visa like we did (twice) but your chances of getting one are close to zero since you’re married. 

@iwannaplay54 - Thank you for that. I don't want to violate any laws but was just wondering what was available on legal grounds to do in this position. Definitely not trying to break any law. Thank you!

12 minutes ago, powerpuff said:

If there were ways around that, none of us here would be separated from our US citizen husbands/wives/fiancés. Your case isn’t special , sorry. We were all separated from our significant others for an extended period of time.

Thank you, I understand the separation and so was trying to find alternate legal ways, that's all.

[tennisFL 3]

24 minutes ago, Marieke H said:

 

There are so many things wrong with your assumptions, that I don't even know where to start...

 

How will you be able to "take her to Canada"? Why would it be quicker for her to get a tourist visa as an Indian national while visiting Canada? She is still an Indian national, and she will not easily get a visitor visa to the US. To get a visitor visa, she will need to be able to show that she plans to return to her home country, which she clearly does not.

And then... Even if she would get a tourist visa to VISIT the US, she would be committing visa fraud if she would use her non-immigrant visa to immigrate to the US.

 

You want her to immigrate. You apply for an immigrant visa. It will take a while.

@Marieke H - I will "take her to canada" on a visitor visa. Then apply for a visitor visa at the US embassy in canada. The only reasoning is, getting an appointment in india for visitor visa is backed up due to a long line and i don't think that will be the issue in canada or any other european country or mexico.

[Marieke H 2,496]

5 minutes ago, tennisFL said:

@Marieke H - I will "take her to canada" on a visitor visa. Then apply for a visitor visa at the US embassy in canada. The only reasoning is, getting an appointment in india for visitor visa is backed up due to a long line and i don't think that will be the issue in canada or any other european country or mexico.

Yeah... good luck.

 

Just accept that separation is part of the process and go through the legal process instead of trying to fraud her way into the US.

[tennisFL 3]

28 minutes ago, Marieke H said:

Yeah... good luck.

 

Just accept that separation is part of the process and go through the legal process instead of trying to fraud her way into the US.

Thank you @Marieke H - I am fine with separation just see that there are options to expedite I130 (spousal visa), which is good. Thanks

[Daphne . 1,852]

1 hour ago, tennisFL said:

Thanks @Daphne . - I will do the CR1. As soon that is filed, can she travel to US or no?

She cannot come to the US with you until the CR1 is approved. 

[tennisFL 3]

Just now, Daphne . said:

She cannot come to the US with you until the CR1 is approved. 

Thank you @Daphne . - I see some comments (by i thinkTboneTX ) saying there are ways to bring her to US while processing. Is that the case? I need to read the other threads in depth. Thanks

[Daphne . 1,852]

1 minute ago, tennisFL said:

Thank you @Daphne . - I see some comments (by i thinkTboneTX ) saying there are ways to bring her to US while processing. Is that the case? I need to read the other threads in depth. Thanks

I don’t think anybody here told you that. No, there is no way to bring her here while it is processing. She will very likely not get a visitor (or any other non-immigrant) visa approved as she clearly has immigrant intent. 

[tennisFL 3]

1 minute ago, Daphne . said:

I don’t think anybody here told you that. No, there is no way to bring her here while it is processing. She will very likely not get a visitor (or any other non-immigrant) visa approved as she clearly has immigrant intent. 

@Daphne . - this one 

 

[Daphne . 1,852]

7 minutes ago, tennisFL said:

@Daphne . - this one 

 

In general, people who already have a visitor visa, can visit their spouse or SO. I also did the same.
 

But your spouse doesn’t have a visitor visa yet, and will most likely have a difficult time getting one approved. 

[tennisFL 3]

7 minutes ago, Daphne . said:

In general, people who already have a visitor visa, can visit their spouse or SO. I also did the same.
 

But your spouse doesn’t have a visitor visa yet, and will most likely have a difficult time getting one approved. 

That's why I wanted to get the visitor visa to US first (via canada route instead of the long wait from India) before I did the i-130....

[beloved_dingo 1,976]

3 minutes ago, tennisFL said:

That's why I wanted to get the visitor visa to US first (via canada route instead of the long wait from India) before I did the i-130....

As someone already mentioned, to get a US visitor visa through Canada, she would have to be a resident of Canada. She can't just show up in Canada and apply for a U.S. visa like she's a Canadian. Additionally, she'd have to get a visitor visa to Canada first as well. So this will not work.

 

@TBoneTX was saying that spouses are allowed to visit (as in, come to the U.S. for a short time and then return to their country) during the spousal visa process. But if your partner doesn't already have a valid U.S. visa, that becomes harder.

[beloved_dingo 1,976]

It's also worth noting that even with a valid visa or ESTA, entry to the U.S. is always at the discretion of CBP. If she gives even the slightest hint that she won't return to her country, they will deny entry. CBP has been known to look through luggage, phones and other devices if they suspect anything is "off". 

[tennisFL 3]

7 minutes ago, beloved_dingo said:

As someone already mentioned, to get a US visitor visa through Canada, she would have to be a resident of Canada. She can't just show up in Canada and apply for a U.S. visa like she's a Canadian. Additionally, she'd have to get a visitor visa to Canada first as well. So this will not work.

 

@TBoneTX was saying that spouses are allowed to visit (as in, come to the U.S. for a short time and then return to their country) during the spousal visa process. But if your partner doesn't already have a valid U.S. visa, that becomes harder.

Thanks @beloved_dingo - It takes 10 days to get a canadian visitor visa, but 2 years to US from India lol
I was of the assumption that while in transit in Canada, we can visit the US embassy to get a visitor visa to US...

Will an application to spousal visa automatically give her temporary visitor visa to the US even for short term? 
Please advise...

[Crazy Cat 41,811]

11 minutes ago, tennisFL said:

Will an application to spousal visa automatically give her temporary visitor visa to the US even for short term? 
Please advise...

No.

[Marieke H 2,496]

13 minutes ago, tennisFL said:

Thanks @beloved_dingo - It takes 10 days to get a canadian visitor visa, but 2 years to US from India lol
I was of the assumption that while in transit in Canada, we can visit the US embassy to get a visitor visa to US...

Will an application to spousal visa automatically give her temporary visitor visa to the US even for short term? 
Please advise...

What makes you think that she will easily be approved for all these visas you are going to have her apply for?

 

The spousal visa application will not give her a visitor visa.

 

There are no shortcut or loopholes.