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Petersaad1

Visitor visa while pending I-130

By Petersaad1 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Petersaad1 Explorer

Petersaad1   10

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Filed: IR-1/CR-1 Visa Country: Egypt
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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 

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Crazy Cat Grand Master

Crazy Cat   41,837

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Filed: Citizen (apr) Country: Taiwan
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There is no risk to the I-130.  She has immigrant intent, thus getting the visa is unlikely.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Petersaad1 Explorer

Petersaad1   10

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Filed: IR-1/CR-1 Visa Country: Egypt
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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 

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Crazy Cat Grand Master

Crazy Cat   41,837

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Filed: Citizen (apr) Country: Taiwan
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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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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mytruelove18 Rising Star

mytruelove18   608

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Filed: K-1 Visa Country: Dominican Republic
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She can apply but she wont get a tourist visa with a i-130 pending

K1 2017

Aos sent April 2018

Aos interview July 2018

Work permit September2018

Aos approved July 24, 2019.

Roc April 27, 2021

Biometric reused june 28, 2021

N-400 online April 27, 2022 base on 3 years rule, biometric reused.

N-400 interview on December 12, 2022 combo interview i-751. Approved.

January 11, 2023 oath ceremony, Indianapolis. After that done with uscis😂🤭🤫

I took my oath ceremony in Indianapolis, it was a nice ceremony, where people from 35 coutry become american citizen.

01/11/2023 officially done with uscis :)

🤣

January 13, 2023 apply for us passport.( regular service).

March 11, 2023 passport in hand

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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pushbrk Grand Master

pushbrk   12,877

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Filed: Other Country: China
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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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Neonred Experienced

Neonred   3,562

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Filed: Citizen (apr) Country: Russia
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19 hours ago, mytruelove18 said:

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

My step daughter did.

If at first you don't succeed, then sky diving is not for you.

Someone stole my dictionary. Now I am at a loss for words.

If Apple made a car, would it have windows?

Ban shredded cheese. Make America Grate Again .

Give a man a fish and he will eat for a day.  Deport him and you never have to feed him again.

I started out with nothing, and I still have most of it.

I went bald but I kept my comb.  I just couldn't part with it.

My name is not Richard Edward but my friends still call me DickEd

If your pet has a bladder infection, urine trouble.

"Watch out where the huskies go, and don't you eat that yellow snow."

I fired myself from cleaning the house. I didn't like my attitude and I got caught drinking on the job.

My kid has A.D.D... and a couple of F's

Carrots improve your vision.  Alcohol doubles it.

A dung beetle walks into a bar and asks " Is this stool taken?"

Breaking news.  They're not making yardsticks any longer.

Hemorrhoids?  Shouldn't they be called Assteroids?

If life gives you melons, you might be dyslexic.

If you suck at playing the trumpet, that may be why.

Dogs can't take MRI's but Cat scan.

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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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. 

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Petersaad1 Explorer

Petersaad1   10

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Filed: IR-1/CR-1 Visa Country: Egypt
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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?

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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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! 

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Petersaad1 Explorer

Petersaad1   10

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Filed: IR-1/CR-1 Visa Country: Egypt
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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?

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