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swvann

Question regarding I-130

By swvann in Working & Traveling During US Immigration

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swvann Newbie

swvann   0

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

I am new to the site and I am not sure if I am posting in the correct forum. I have a question regarding my wife's current I-130 Immigration Appeal. My wife and I were married last November 2012. My wife is from Tianjin, China and was on a J-1 Visa when we were married. We seeked legal advise and were informed about the 2 year waiver. However, my wife didn't have at least 6 months remaining on her visa to apply for the waiver. She left the US on December 30th, 2012 because her Visa was expiring January 1st. I was advised to go ahead and apply for a I-130. I supported the forms and all the requsted supporting documentation about marriage. The form was received by USCIS on Febuary 4th. My question is, can my wife apply for a tourist visa to come to the US while the immigration appeal is still pending? Would this have any affect on our case?

Any advise or suggestions would be greatly appreciated!

Thanks

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
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**** moved to travel and working during immigration from K1 process and procedures ***

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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She can certainly apply for a tourist visa - there's nothing preventing her from doing so.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Harmon-y Contributor

Harmon-y   32

Posted
Filed: IR-2 Country: El Salvador
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From everything I have read it might not be worth submitting though because they will only give tourist visas if she has strong ties and a reason to return. If you are here and she is submitting all the paperwork for the I-130; she does not have strong ties. They are pretty particular with tourist visas because so many people overstay. You can submit it of course just don't expect it to be accepted.

I-130

I-130 Sent : 11/02/2013

I-130 Received: 11/05/2013
I-130 NOA1: 11/06/2013

I-130 NOA2: 06/06/2014

NVC

NVC Received: 7/07/2014

Case & IIN # Received: 7/07/2014

DS261 Submitted: 7/28/2014

NVC Accepted DS261: 7/28/2014

AOS Bill Generated: 7/29/2014

Paid AOS Bill: 7/29/2014

Sent AOS Packet: 7/29/2014

<<TOOK UNSCHEDULED BREAK FROM FILING FROM INABILITY TO GET MINOR'S PASSPORT, During this time IV bill was generated and a checklist for AOS was generated and addressed>>

Paid IV Bill: 01/30/2015

Sent IV Packet: 2/3/2015

Case completed: 03/24/2015

EMBASSY

Case Received: 04/30/2015

Interview scheduled: 5/20/2015

RESCHEDULED 2 TIMES BECAUSE OF MEDICAL EXAM ISSUES - HAD TO SCHEDULE SEPARATE PSYCHOLOGICAL EXAM IN ADDITION TO MEDICAL EXAM WHICH CHANGED DATES

Interview Scheduled: 7/20/2015

Administrative Review for missing Marriage License

Approved Visa: 9/15/2015

POE: 10/9/2015

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