Pending Spouse Visa, can wife apply for tourist visa?

[Mahalko808 0]

We're at the USCIS stage and waiting for our NVC case number. In the meantime, my wife's tourist visa to visit america expired. Can she renew her tourist visa to visit me in the states? How long can she stay?

[SalishSea 17,791]

6 minutes ago, Mahalko808 said:

We're at the USCIS stage and waiting for our NVC case number. In the meantime, my wife's tourist visa to visit america expired. Can she renew her tourist visa to visit me in the states? How long can she stay?

She can apply for a tourist visa-  anyone can.   I think the wait time for a B visa interview in MNL may still be the better part of a year, though.  With a pending immigrant visa, it will be hard to show that she does not immigrant intent though.

 

She can only stay for as long as CBP allows entry.  Wanting to stay for months could make them question how she can afford to do that, and whether she will go home, since she has demonstrated immigrant intent.

[Chancy 6,241]

1 hour ago, Mahalko808 said:

my wife's tourist visa to visit america expired. Can she renew her tourist visa to visit me in the states? How long can she stay?

 

She can try for B visa interview waiver, since she has a recently expired B visa.  Make sure she lists your info accurately on her DS-160 form.  MRV fee is still $160, whether her interview is waived or not.

 

If she is approved for another B visa, it will depend on the CBP officer on her every entry to determine how long she can stay (or if she can stay at all).  By default, the allowed duration of stay is 6 months, but I've seen reports here on VJ of people being allowed much shorter stays, like 2 weeks or 1 month.