Can someone please help me???!!!!! I would like to know if I can apply for a visitor visa if I am currently awaiting approval on a K-3 Visa???? Please help..

Not a good idea, it is very unlikely that you will be given the tourist visa. The main criteria for student/tourist visa is, one has to convince the consular officer that he/she will come to the native country after study/visit. Since, you have already filed I-129F, the consular officer will simply tell you that you have intention for immigration and live in USA permanently. The consular officer will also mention that you will be able to go to USA with K-3 visa therefore you should come back for K-3 visa interview.

babygirl,

What do you mean by, "currently awaiting approval on a K-3 Visa"? Have you applied for a K3 visa, or are you actually waiting for approval of your husband's petitions?

Yodrak

To make a long story short.. No... One cannot get a visitor visa if one has intent to immigrate to the US. You have made your intention to immigrate known by either having an I-129F and I-130 petition filed for you with the USCIS. Therefore, you are ineligible for a Visitor Visa.

zyggy,

Not so sure I agree with you on this. I would think that prior to the K or immigrant visa application a person ought to be able to apply for a B visa for an appropriate, specific purpose that does not involve immigration. Much as a person from a VWP country can visit. The issue being, is there immigrant intent associated with this particular visit. Might be harder than normal to make the case, but I don't see any reason why one couldn't make the application and try.

Once the K or immigrant visa application has been submitted things might be different, especially if it's not allowed to have multiple visa applications pending at the same time.

Further thoughts?

Yodrak

While it may be possible for a very specific business purpose where no one else could do the job, or for a very specific reason that the individual MUST be in the US, I find it hard to believe that any CO would approve a B visa just for the purpose of visiting while an I-130 is in the pipeline. The response that would likely be given is "wait for the K visa".

You're right.. there is nothing that would preclude the OP from trying.. absent more specific information, it would very likely be a waste of $100 and a trip to the consulate. Likely, only a very specific situation would be needed to be able to obtain a B visa, and the B visa very likely would be restricted in some fashion (single entry, etc.)

I agree with Ziggy.

zyggy,

Then why is it that many VWP people have little trouble visiting while a petition is pending (unless they've abused the VWP priviledge)? Are CBP folks that much more lenient than consular officers? The CBP folks don't seem to apply the very high standard that you seem to feel the consular folks apply.

There are any number of countries not on the VWP list that are nevertheless low-fraud countries, and in high-fraud countries B visas are few and far between anyway. So I don't think that not being a VWP country would come into play. It just means that one has to ask and convince twice rather than once.

Yodrak

I applied for ourist visa with my husband and they just said you cannot be a tourist in US and reject my visa. I recommend you even not to intend to apply

I tend to disagree a little bit with you here... The reason why the US requires visas of some countires and waives the visa requirements for visitors is that VWP countires have an established record of their citizens not overstaying their visas.

The best offense against overstays is a good defense... The best defense is to make it very difficult or not issue visas at all to those individuals who have established immigrant intent.

sgulsahs,

That certainly is good anecdotal evidence in support of zyggy's position.

Wish I could put it in the context of the low-medium-high fraud continuum - how easy or difficult is it for a Turk to get a B2 visa when a marriage-base immigration case is not involved? Piece of cake, 50-50, or when hell freezes over? (But hey, the Eagles did re-unite!)

Yodrak

Simply you will never get a toursit Visa if you are married or engaged to US citizen I applied for it before I know that fact and i get denied very easily without telling me the reasons and my husband was pissed off and he contacted people in US to know why this happened but he foundout that they can never give me a Tourist visa..Although I get denied before I apply for the K3 and I-130 I just get denied for the fact I am American citizen and the CO said to me" you must apply for immigrant visa " and that was it..
hope that helped..sorry that it may disappoint you
Salwa

Hell must have frozen over today and apparently I didn't notice. (No wonder it's so freakin cold in here. I thought I had just turned the air conditioner too low

By the way....my wife is a ...um.."Turk"......and ..........oh yeah........I was able to get B-2 for her.


It IS possible...don't let everyone dissuade you. I'm not saying it's easy....but it IS possible.

Salwapasserby,

Doesn't disappoint me at all, it's simply another piece of information.

But again you fail to provide context - how easy is it to get a B2 visa in Egypt for people who are not married or engaged to US citizens?

Yodrak




zyggy,

VJ may not provide a representative sample, but it seems to me that I read a lot of posts here from people from VWP countries who want to use the program to get in, or stay in, and adjust status.

Still looking for a good explanation for why the consular officers should not accept a B2 application when the decision should be based on intent for this trip, not on future intent.

Yodrak

I agree with Yodrak.

My assumption is that most of the B refusals involved situations where no B would have been issued anyway, the K was irrelevant.

I guess I also find it odd that someone would file for an immigrant visa without at least visiting were they intend to immigrate to, if they can. More logical to assume they could not have got a B with or without the K.

Or to put it another way I am not aware of any additional issues that those who have a B have travelling once a K is submitted compared to someone who can use the VWP.

Point of clarification - I mean accept the application for processing, I do not mean approve the application.

I agree that the chances that the application will be approved are less than for an application where there is no petition involved, because most people probably cannot submit suitable evidence, but I do not agree that the application cannot be submitted and will not be processed if submitted. Nor do I agree that the application cannot be approved, it can be approved if the applicant provides suitable evidence.

I further agree that a B2 visa application probably will not be accepted for processing if a K or immigrant visa application has already been submitted for processing. (Caution for some - a visa petition is not a visa application.)

Yodrak