Visitor visa while pending I-130

[Petersaad1 10]

I wanted to understand the risks of starting a visitor visa process for my wife while my I-130 is pending. If someone can shed some light on the process and risks involved.would applying put her I-130 at risk?
 

apologies in advance if this was already asked previously 

[Crazy Cat 40,141]

There is no risk to the I-130.  She has immigrant intent, thus getting the visa is unlikely.

[Petersaad1 10]

12 minutes ago, Crazy Cat said:

There is no risk to the I-130.  She has immigrant intent, thus getting the visa is unlikely.

Thanks. Do you have any stats on that? Like percentage of people who get denied if they have intent to immigrate 

[Crazy Cat 40,141]

2 minutes ago, Petersaad1 said:

Thanks. Do you have any stats on that? Like percentage of people who get denied if they have intent to immigrate 

Nonimmigrants Must Overcome Presumption of Immigrant Intent - Murthy Law Firm | U.S Immigration Law

 

"The burden is generally on the visa applicant to overcome the presumption of immigrant intent, and it is at the discretion of the consular officer to determine whether the burden has been met. This wide discretion can lead to a lack of uniformity as to how this concept is applied. Regardless, if the applicant fails to evidence sufficient ties to the country of origin to the satisfaction of a consular officer, the visa typically will be refused pursuant to INA §214(b)."

Edited January 15, 2023 by Crazy Cat

[mytruelove18 607]

She can apply but she wont get a tourist visa with a i-130 pending

[Ryan H 3,798]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,330]

Percentages and odds mean nothing in this context.  It takes a lot to overcome the presumption of immigrant intent, when you're already in an immigrant visa process, no matter WHERE you're coming from.  If she already had a visa, she could use it though.

[MMDG 106]

19 hours ago, mytruelove18 said:

She can apply but she wont get a tourist visa with a i-130 pending

I did.

[Neonred 3,470]

19 hours ago, mytruelove18 said:

She can apply but she wont get a tourist visa with a i-130 pending

My step daughter did.

[Redro 4,603]

23 hours ago, Petersaad1 said:

I wanted to understand the risks of starting a visitor visa process for my wife while my I-130 is pending. If someone can shed some light on the process and risks involved.would applying put her I-130 at risk?
 

apologies in advance if this was already asked previously 

Where is your wife from? Does she have access to ESTA?

If you give more information we can tell you if you’re likely to succeed.

A few people have received a visit visa while others have not. 
a denial of a tourist visa will not impact the I-130 approval so if there is little to no waiting time at the embassy she will interview at and if she doesn’t have access to ESTA you should apply. 

[Petersaad1 10]

3 minutes ago, ROK2USA said:

Where is your wife from? Does she have access to ESTA?

If you give more information we can tell you if you’re likely to succeed.

A few people have received a visit visa while others have not. 
a denial of a tourist visa will not impact the I-130 approval so if there is little to no waiting time at the embassy she will interview at and if she doesn’t have access to ESTA you should apply. 

She’s from Egypt. What’s ESTA?

[Redro 4,603]

4 minutes ago, Petersaad1 said:

She’s from Egypt. What’s ESTA?

ESTA is the visa waiver program for certain countries. I believe Egypt is not one of those countries. 
currently, wait time for a visa interview in Cairo is 93 days. If your wife would like to apply make sure she has sufficient proof of ties to her home country and I believe she has to take the marriage certificate with her to the interview. 
good luck! 

[Petersaad1 10]

6 minutes ago, ROK2USA said:

ESTA is the visa waiver program for certain countries. I believe Egypt is not one of those countries. 
currently, wait time for a visa interview in Cairo is 93 days. If your wife would like to apply make sure she has sufficient proof of ties to her home country and I believe she has to take the marriage certificate with her to the interview. 
good luck! 

Thank you very much! Can you send the link to the application?

[Redro 4,603]

2 hours ago, Petersaad1 said:

Thank you very much! Can you send the link to the application?

Best bet is to look here:

https://eg.usembassy.gov/visas/