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Can wife visit here on a visitor's visa while I-130 pending?

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Filed: K-3 Visa Country: Romania
Timeline

I sent in I-130 app back in Sept 07. I am still waiting for NOA1 (I-797) which should not come as a surprise to anyone familliar with the comments USCIS has been posting lately in their weekly updates.

Does anyone know

1) If I can have my wife apply for a tourist visa while the K3 application is currently pending

2) If there are any LEGAL restrictions against applying for a tourist visa while the K-3 (I-130 and I-129F) is in process

3) If there are any LEGAL restrictions against travelling to the US on a tourist visa that will jeopardize the K-3 visa application

Please don't opinionate. If you know any links to the uscis that touch this topic or have first hand actual case experience please share them. I couldn't find any conclusive evidence one way or the other in the forums.

Thanks to all contributors

oa

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Filed: K-1 Visa Country: Egypt
Timeline
I sent in I-130 app back in Sept 07. I am still waiting for NOA1 (I-797) which should not come as a surprise to anyone familliar with the comments USCIS has been posting lately in their weekly updates.

Does anyone know

1) If I can have my wife apply for a tourist visa while the K3 application is currently pending

2) If there are any LEGAL restrictions against applying for a tourist visa while the K-3 (I-130 and I-129F) is in process

3) If there are any LEGAL restrictions against travelling to the US on a tourist visa that will jeopardize the K-3 visa application

Please don't opinionate. If you know any links to the uscis that touch this topic or have first hand actual case experience please share them. I couldn't find any conclusive evidence one way or the other in the forums.

Thanks to all contributors

oa

As far as I know you cannot apply for any other visa while this one is in place. Depends on which country your person is from. Better that you go and visit or meet up in another city.

Waiting 4 ever

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Filed: Citizen (apr) Country: China
Timeline

This is a frequently asked question.

"IF" you can demonstrate strong ties back home, the US consulate "May" issue a B-1 visa.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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This is a frequently asked question.

"IF" you can demonstrate strong ties back home, the US consulate "May" issue a B-1 visa.

I've been flat out told NO by the embassy.

"Because my wife is planning on immigrating eventually." the answer is NO.

NO F'N SHUT.. what a inquiriy board of big genius ideas.

My wife applied for visitor visa and was refused saying "you can't apply for a visitor visa while your I130 is pending"...

But you can always try...

Shamim

They'll take your application fee and pocket it.

We wasted hundreds of dollars trying prior to getting married. They never say, OH, you have ZERO chance, so don't waste your money. Theives they are.

Event Date

Service Center : Vermont Service Center

Consulate : Indonesia

Marriage : 2007-08-10

I-130 Sent : 2007-08-21

I-130 NOA1 : 2008-01-18

I-130 Approved : 2008-09-15

NVC Received : 2008-09-24

Received DS-3032 / I-864 Bill : 2008-09-27

Pay I-864 Bill 2008-09-28

Receive I-864 Package : 2008-09-28

Return Completed I-864 : 2008-10-02

Return Completed DS-3032 : 2008-10-17

Receive IV Bill : 2008-10-30

Pay IV Bill : 2008-10-31

Receive Instruction Package :

Case Completed at NVC : 2009-01-28

NVC Left : 2009-01-30

Consulate Received : 2009-02-20

Packet 3 Received : 2009-02-20

Packet 3 Sent : 2009-02-24

Packet 4 Received : 2009-02-26

Interview Date : 2010-03-18

Visa Received : 2009-03-23

US Entry :

Comments :

Processing

Estimates/Stats : Your I-130 was approved in 241 days from your NOA1 date.

Your interview took 792 days from your I-130 NOA1 date.

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Filed: IR-1/CR-1 Visa Country: Jordan
Timeline

Absolutely not. You're going to get shot down by the embassy if you even ask. If you have an intent to immigrate, and you apply for a nonimmigrant visa - you will be denied as: "intends to immigrate." Same if you try get a nonimmigrant visa for a wife or husband of a US Citizen. Denied as soon as they find out they're married to a USC - even if there's no I130 filed.

The only visitation visa you can "try" for is the K3.

But just give up on that. It sucks. Proof: http://www.visajourney.com/timeline/profil...l=&id=38204


The moral of my story: Stick with someone who matches your own culture.

( This coming from an Arab who married an Arab from overseas... go figure. )

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Filed: K-3 Visa Country: Malaysia
Timeline

Hmmmm.....my wife went to the Malaysian embassy on March of 2007 with the intend to ask for a tourist visa to visit me in Kansas. She brought along a few paper work such as our I-130 NOA1 and other stuff showing her financial statements from the banks, marriage certificate, our bio-graphic and also a copy of the I-130 itself. The counselor looked through the paperwork and repeatedly asked her why it took me this long to apply for the I-130 as we were married in July of 2006 and I did not apply for the CR-1 until February of 2007. He was very rude to the Mrs. and refused to accept her answer which was at the time I was applying for several jobs in Malaysia as an ex-pat. As he browse through the paperwork he noticed the NOA1 and immediately stamped B1 visa approved for 90 days only.

She made it here at the end of April. Upon her arrival, the immigration officer gave her 6 months period to visit here. We had a blast travelling through the country. Celebrate our first wedding annivessary in Vegas. After 2.5 months, we sadly had to depart temporarily until I visited her in October. So......who is right as I have the prove that my wife was here during the summer of 2007.

futballdad

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Now, I"m a little worried. My Husband has already booked his flight over for April. I just hope the POE lets him in.

07/18/2007: Married in Gretna Green, Scotland

08/29/2007: I-130 Application Recieved at NSC

12/21/2007: Received NOA1 from CSC

01/08/2008: Touched-Change of Address

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In conclusion: There are multiple answers to each immigration related question and they are all correct?? .... a mystery forever unresolved. :alien:

I-130

07/16/07: Approved - NOA-2 E-mail

07/20/07: Approved - NOA-2 Snail Mail

NVC

07/18/07: Case number assigned with NVC

07/30/07: AOS and Visa fee bill generated

08/10/07: Bill Recieved

08/10/07: Bill Sent

08/23/07: Bill Received and entered into the system

08/27/07: Form 864 Genereted

08/27/07: DS230 Generated

09/25/07: Recieved form 864 and DS230 together

09/28/07: Sent completed form 864 and DS230 at the same time

10/16/07: Case Complete !!

10/24/07: Case forwarded to US Embassy@ Dhaka, Bangladesh

10/28/07: Emabassy receives file

12/12/07: Recieved interview date for Jan 28 by DOS

01/28/08: Attended interview with wife at Dhaka US embassy (Approved)

02/04/08: We arrived here in USA :)

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi,

the best solution... got to your local embasssy and get the answer, because i think it depends from country to country and also most important the time frane you are looking at and also it also depends on FINANCIAL capacity of the USC.

Jigi

Feb 1,2007 - I-130 Reached USCIS.

Feb 4,2007 - I-130 accepted > Get USCIS case Number NOA1.

May 8 ,2007- GET NVC Case Number > NOA2.

June 16 ,2007- Get Order from NVC to pay 70$.

July 2 ,2007- Get DS-3032 in India.

July 7,2007 - DS-3032 choice of address agent entered in NVC.

July 14 ,2007- Get I-864.

July 18 ,2007- I-864 Enters NVC.

July 29 ,2007- Get Order to Pay 380$ fee.

Aug 3 ,2007- 380$ Fee Reached St Louis.

Aug 25,2007 - NVC & St Louis People receive photocopy of my payment with USPS receipt.

After WAITING for 37 days.

Sept 10,2007 - 380$ fee encashed.

Sept 24,2007 - Receive DS-230 in Mail.

Sept 25,2007 - DS-230 despatched.

Sept 26,2007- DS-230 Delivered.

Oct 1,2007 - NVC has DS-230.

Oct 12, 2007 - DS-230 Reviewed. Case Complete

Oct 16, 2007 - Case at Embassy.

Oct 25, 2007- Interview Letter Despatched from Embassy.

Nov 3, 2007 - Recieved Interview Letter.

Dec 1, 2007 - Medical Exam .

I GOT IT

Jan 16 - I am in USA

April 15 2008 - Get my Drivers License.

I-751 Lifting Conditions at California Service Center

November 12, 2009 - I-751 Sent via USPS Express Mail

November 13, 2009 - Receipt of I-1751 Fee

November 20, 2009 - Arrested on Domestic Battery(Had argument with wife)

December 18, 2009 - Biometrics Completed at 9 am.

January 13, 2010 - Receive I-797E Notice for more evidence

February 16, 2010 - Mail reaches Californa Service Center( Next day of Preseidents Day)

February 19, 2010 - Card Production Ordered. Status now IR1

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Filed: IR-1/CR-1 Visa Country: Ethiopia
Timeline

Can wife vist here on a visitor visa while I-130 is pending?

Theoretically yes, but practically it depends whether she can establish a reason to return while case is pending. So if spouse have a job, house etc they will give a visa otherwise just because she/he is a spouse of a USC , they will not grant Visa. They will scrutinize more since case is pending and he/she is intending immigrant.

Other problem is even if visa is granted at the airport she might be denied since they consider her as a intending immigrant. So during interview and entry she should come with NOA1 and NOA2 and other documents that she really will return back for case to be completed. She wil get difficulty especially if NOA2( approved) is not given, they might consider she will apply for AOS once arrived in USA. But if NOA2 (approved) I guess they will allow most people to travel.

People with VWP (Visa Waiver programs) will be asked more at the airport since they need not ask Visa at the embassies. Mostly people are not denied at the airport unless unlucky but always have many questions to answer.

in short your wife can be granted if she can establish a good reason to return while case is pending. So you can try it and and I think if you fail it willnot affect the whole process.

This is all my opinion and I am having similar thought like you but I will do it after few months.

I have made my own reserach and the follwing ling seems helpful.

http://www.visajourney.com/forums/index.ph...aveling+pending

Edited by bnm

USCIS

I-130 Sent : 2007-10-01

I-130 NOA1 : 2008-01-07

I-130 Approved : 2008-05-19

NVC

NVC Received : 2008-05-28

Received DS-3032 / I-864 Bill : 2008-06-13

Pay I-864 Bill 2008-06-13

Return Completed DS-3032 : 2008-06-13

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Filed: K-3 Visa Country: Malaysia
Timeline

The one thing I noticed about my wife's B1 visa was they only gave her 90 days validity and not 10 years like most tourist that I know of. Which was bogus since the cost remains the same for all tourist visa application. Thus it cost us USD200 for the visa for two trips. Three other friends that I know off that had recently visited the US were given 10 years multiple entry visa @ usd 100 only.

futballdad

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

That also depends on a country - in Russia they give 1 year B1/B2 visas. No such luck as 10 year multiple entry :whistle:

Anyway,

if your spouse can avoid travel to US until her immigrant visa is approved - it is safer to do so. If unlucky, she can get pulled at the POE and if POE officer did not have his coffee this morning, she can be sent back with nasty consequences. POE officer has FULL discretion to turned anyone back regardless of visas and VWP. They have FULL discretion to charge her with misrepresentation and there is no way you can challenge whatever POE officer wrote on her case. She may get a ban and have to file for a waiver.

SO, if she has good proofs of intention to return to the home country - she has a good chance to get through (if US emabassy agrees to issue B1 in the first place). BTW when I called the US embassy in Paris with similar question they told me - you can apply for B-1, there is nothing to stop you, but chances that we give it to you are rather minimal.

If she does not have many home ties - it is better to not even try.

Edited by rika60607

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

This is what the U.S. Consulate in Canada has to say on this subject:

Entry to the U.S. while Petition is Pending

After filing the petition, your relative normally would not be admissible to the U.S.; however the CBP inspector at the port-of-entry has the final say. To be eligible to enter your relative must assure the inspector that the visit is temporary and that she or he will depart the U.S. after the proposed visit and wait out the processing period for the immigrant visa in Canada or a third country.

While Canadians don't require a visa, basically they are using the same criteria. Sometimes they are let in, sometimes they are not - the benefit we have is that we don't have to actually pay to find that out.

Edited by trailmix
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Filed: AOS (pnd) Country: Brazil
Timeline

Well, I did that 2 times. First right after the marriage here in my country. They gave me a Visa valid for only 3 months or one trip visa. after 6 months I applied again and they gave me a 5 years Visa for visitor (multiple entries). At that time I was working and took a month vacation to spend with my husband. Didn't have any problem. Now I have my final interview date scheduled for December. No worries.

Edited by zabor
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