After filing an I130 - can a spouse obtain a b1/b2 visa

[Dyattaw 7]

if it's going to take a year for approval of a CR-1 visa, can your foreign spouse obtain a B1/B2 tourist visa to visit myself in the US? She of course would return to her country when the visa expires.

[Ryan H 3,790]

***Moved from IR-1/CR-1 Progress Reports to Tourist Visas forum; topic is about obtaining a tourist visa.***

**Moderator hat off**

She can apply, but the chances of her being granted one are next to nil.

[Ning 619]

if it's going to take a year for approval of a CR-1 visa, can your foreign spouse obtain a B1/B2 tourist visa to visit myself in the US? She of course would return to her country when the visa expires.

This is very difficult to do. The problem is in her ties. To get her B 2 she must prove beyond doubt she MUST return therefore is tied to her country. Those ties are replaced by her ties to her husband upon entry to the USA.

The only way to ever know is to apply but the denial can be difficult for her too. Even the visa in the passport doesn't mean she would be granted entry which is done at the POE. This is why the visa isn't granted.

[Boiler 43,429]

Some people have.

[Kolewenoik31 57]

My husband said they are very difficult to get in Kenya. One must show strong ties and a strong bank account so we just opted to get married later years later. Only by chance will you be certain. If you decide to go for it, please update us.

I went back and looked and you both are married so chances are very slim because she has reasonable intent to stay, not saying that she would not go back but in the minds of the CO its still probable.

Edited January 23, 2015 by Kolewenoik31

[Ahren & Edna 4]

Hi,

I applied for a B2 visa while my K1/k2 application was pending at the USCIS.

I had applied through my company because i was going to represent the company at a conference in Las Vegas. I duly noted in the application that i had a pending immigrant case with USCIS (They never made reference to it at the interview).

MY ties were of course my stable job and i had a child under my care, whose K2 was also pending. I had also received other B1B2 visas in the past and had never overstayed. So probably this worked to my advantage.

I would say give it a try, but like everyone else says, make sure you can prove strong ties back in Kenya.

Good luck!

[Ning 619]

Hi,

I applied for a B2 visa while my K1/k2 application was pending at the USCIS.

I had applied through my company because i was going to represent the company at a conference in Las Vegas. I duly noted in the application that i had a pending immigrant case with USCIS (They never made reference to it at the interview).

MY ties were of course my stable job and i had a child under my care, whose K2 was also pending. I had also received other B1B2 visas in the past and had never overstayed. So probably this worked to my advantage.

I would say give it a try, but like everyone else says, make sure you can prove strong ties back in Kenya.

Good luck!

These people are married with one being a USC. Her ties wont matter due to her USC spouse.

[Dyattaw 7]

So then applying will do no good then? She owns land in Kenya upcountry which is presently planted with crops and she needs to be back when they are mature.

[Boiler 43,429]

Could she get somebody else to harvest them for her.

[Dyattaw 7]

Her brother is going to end up taking this over, but she needs to help him this time as he's never done it. So the plan is after this year yes, but until then no.

[Ning 619]

This is very difficult to do. The problem is in her ties. To get her B 2 she must prove beyond doubt she MUST return therefore is tied to her country. Those ties are replaced by her ties to her husband upon entry to the USA.

The only way to ever know is to apply but the denial can be difficult for her too. Even the visa in the passport doesn't mean she would be granted entry which is done at the POE. This is why the visa isn't granted.

I learned the above from the embassy C O s during my own 3 denials for exactly the same reason she will be denied.

So then applying will do no good then? She owns land in Kenya upcountry which is presently planted with crops and she needs to be back when they are mature.

The value in it is that you will then feel you did everything you could.

Her land or crop don't mean anything in this case and certainly wont replace her ties to you if she entered the USA.

Edited January 24, 2015 by Ning