Ok THank you all for the responses. I spoke to my wife and she will be going to the Embassy in Romania and asking to apply for a tourist visa to come and visit me here in the US. Our 129F and I-130 are currently pending... will this be a red light to them, does anyone know. Will they automatically deny her tourist visa becasue I, her husband is here and they are afraid she might not go back to Romania? Does anyone know about this as well?

Any help is always appreciated.

Regards,
Bucur

Hi there,

I think she should wait, excepted you are in a kind of life or dead emergency, and maybe just ask the embassy if she is allowed to enter the US with a tourist visa while her case is pending. Anyway the first step will be for you to ask at the USCIS if this is possible and then go from there.


Good luck!

[quote name='peonyflowers99' date='Jul 1 2007, 05:50 AM' post='1020793']
Hi there,

I think she should wait, excepted you are in a kind of life or dead emergency, and maybe just ask the embassy if she is allowed to enter the US with a tourist visa while her case is pending. Anyway the first step will be for you to ask at the USCIS if this is possible and then go from there.


Good luck!
[/quote


I tried once .... DENIED
My husband wrote appeal letter to explain that we just wanted to have a cerimony with the family....... DENIED twice.

Traumatic Experience ... Think Better ..

Good Luck
PS ( You cannot omit the fact that she is married to you.. NEVER ....... it would be fraud)

I think you should go for it. You have nothing to lose but money. My husband tried about two and a half weeks ago and he was denied. It wasn't because our case was awaiting scheduling, but because he couldn't prove strong ties to return to his country. Still, it was worth a shot. The very next day I found out that he had been scheduled for an interview so I really didn't care then. I wish you the best!


Tiana

just wait ur 1-129F APPROVED...
caz hard to get tourist visa if u have another documents
jarl

Fraud? The fact that it takes so long, and that the gov draggs there feet in regards to allowing my wife to see her husband (me) should be against the law as well.

I agree with others, that you should wait. I think that in cases like this, the fear is that the foreign spouse will try to stay in the USA, hence, the denial. I am waiting for a K-3 visa to be approved, but was able to travel to the country of my spouse in France, because it posed no problem to the US (my ideas speaking here).
It could be a shame to spend the money on the travel, only to lose it without the benefit of having seen your loved one.

You should go for the tourist visa. Your wife has to prove that she will return to Romania, and why not to return when you guys are so close to bring her legal in to the States?

im not sure, but is your wifes country one of the 28 or so that the US allows to enter on visa waiver?
if so, I beleive she may be able to enter, stay for 90 days, then return to her country to await the outcome of your application. good luck

There is such a thing called advanced parole check into it! Long wait also

Hello everyone!

I found this topic and decided to use it since it's about what I'm in doubt...
Anyway, the thing is: we file for the I-130 in the Consulate in São Paulo, Brazil, on the 16th of july and are still waiting for our NOA1. We were really wanting to have our interview (mine) up to january, but, who knows what can happen, right?
So I was thinking, in case the interview is not schedulled yet by then, to go and ask for a tourist visa, so my husband and I are able to spend our first Xmas as husband and wife together...
I'm still in doubt, but really want to give it a try. I saw all those post telling to wait and that the chance of denial is big... does anyone been through it successfully?

Best, everyone!

Mila

Hello All,

My husband and I have just filed our I-130 papers about a month ago. I decided that since I had four days off of work, I would try to suprise him with a visit.

We were married the first week of July. On that trip into the United States, the Immigration Officer at the airport stated that the next time I traveled to the States, I may be denied entry as it was clear that I was at risk of becoming "an intending immigrant". I should note that I am Canadian (will get to this later, why this is important). I traveled to the States and married my husband. I did not tell the Immigration Officer that was the purpose of the trip, as I knew that I would be denied entry. I returned home to Canada a week later.

So on this trip, though now under Immigration proceedings, I requested entry on as a B-2 visitor. I purchased a round trip ticket, and showed up at the airport with just one small carry on bag. Prior to leaving, I had done some research which stated that you may be able to come as a visitor, if you can prove that you do not have "immigrant intent". Meaning, that you are applying to come on a temporary visit, and will return to your country in a short period of time. There are various ways of achieving this:

1) show that you have a mortgage or rent - showing that you have a home to return to at the end of the vacation
2) you have $ in your back accounts, and that these accounts are still open for when you return to your lift back home
3) VERY IMPORTANT - have a letter written from your employer stating that they are aware you are going on vacation, and what date you are expected to be back at work
4) if you have kids, show that you have custody of them, and if they are not travelling with you, show that they are at home and you are returning to take care of them
5) owner registration of a vehicle
6) just about anything thing else you can think of which demonstrates that you have not closed out your life in your current country, and you have a reason to return at the end of the vacationSo on August 3, 2007 I travelled to the airport, knowing that my request to be considered a B2 visitor may be denied. I presented the Immigration Officer the following things:

1) My car registration - and parking ticket from the airport (I drove and parked there, and obviously need to retrieve my car when I return).
2) A letter from my supervisor who stated she was aware of my trip, and that I was expected back at work on August 6, 2007
3) I had recently received a promotion at work, and am to start that position in one week. I presented the letter from Human Resources stating about my promotion and new salary grade
4) I presented a round-trip ticket - and clearly indicated my date of departure from the States
5) I printed off copies of my bank accounts, showing that as of the day before they were still open and $ was available to finance my trip.

The Officer stated that this information was fine, and he believed that my intention was for a visit only and allowed me entry to the USA. A few things he did say:

1) If I had been denied entry for a visit, this would have been entered on the system, and any future officers would have access to this information, and it would be easier to deny me entry the next time.
2) Since I am from Canada, they do not scrutinize my intention as a visitor only as much. They are more likely to deny someone from Latin American countries and certain countries in Europe.
3) The key piece of information which demonstrated my intent to return home was my letter from my supervisor and the letter showing a recent promotion at work. He said that the next time I applied to visit, those may be all that are required, since I am "gainfully employed" in his words.

So in other words, it is possible to travel to the US while applying to immigrate to the States. You just have to prove "non-immigrant intent".

One word of advice, which I did in this instance. I booked my tickets separately. I was travelling to Alaska, which is really expensive in summer. I didn't want to be out $1200 if I was unable to travel, so I booked the travel segments separately. So that if I was denied entry in Canada, I could at least get a refund for my ticket home. At least I would have only wasted $600 instead of the full $1200.

Not sure if this helps, but I wish everyone luck who is like me, trying to make the separation more managable.

Cheers,

Cat