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Can my husband come to US for a visit while his immigration visa is being processed?

#1 nina9

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Posted 06 February 2006 - 09:17 PM

Im new to this site. I just wrote a post with some background info, but accidentally deleted it so maybe Ill share later...

anyway, I am getting married in civil ceremony and applying for my husbands visa via direct consular filing which should take less than 2 months. I have a bridal shower in the U.S. 6 weeks after the marriage date that I would like my then husband to attend. He can only stay 2 weeks because he is a student and he needs to get back for exams. He plans to immigrate following our religious wedding which is almost 5 months later.

Can he get a tourist visa to come for the shower even though his immigration visa will be being processed? How can he improve his chances of getting it (what "proof" should he bring)?
Would getting a tourist visa, then getting married, and then filing his immigration application never work (assuming we apply before he comes to states after we file his immigration application?

I hope this makes sense, and I appreciate your time and consideration!
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#2 scy

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Posted 06 February 2006 - 11:17 PM

Im new to this site. I just wrote a post with some background info, but accidentally deleted it so maybe Ill share later...

anyway, I am getting married in civil ceremony and applying for my husbands visa via direct consular filing which should take less than 2 months. I have a bridal shower in the U.S. 6 weeks after the marriage date that I would like my then husband to attend. He can only stay 2 weeks because he is a student and he needs to get back for exams. He plans to immigrate following our religious wedding which is almost 5 months later.

Can he get a tourist visa to come for the shower even though his immigration visa will be being processed? How can he improve his chances of getting it (what "proof" should he bring)?
Would getting a tourist visa, then getting married, and then filing his immigration application never work (assuming we apply before he comes to states after we file his immigration application?

I hope this makes sense, and I appreciate your time and consideration!


It kinda makes sense. Your future husband's chances of getting a tourist visa depends on his country of residence. If he lives in a Western country then his chances are good. If he lives in a poor third world country, his chances are not good. having an immigrant visa application in progess reduces his chances of obtaining a tourist visa. No one except the US consulate in his country can tell you for sure if he will obtain a tourist visa. To improve his chances he must show ties to his country which include employment, housing, family, and money.
The US consulates will tell any visa applicants that they should not make any plans until they have obtained visas. The visa process is fickle and delays often happen.
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#3 nina9

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Posted 07 February 2006 - 12:20 AM

Thank you!

Hes from Poland. And he visited me once before asking for 2 weeks, and he stayed 2 weeks, again because he had to go back for classes and exams. So I think that also goes in his favor.

I think there is a good chance that he would get the visa. But I am worried, and dont want to risk it. I am considering not filing for his immigration visa until after he gets the tourist visa and returns to Poland after the shower. That means I would go to Poland for 5 days just to do the direct consular filing and then return to the states. Thats obvious a big hassle as well as financialy shitty. BUT I get to see him :) so theres good and bad.

Ideally, though, he would get the tourist visa after we filed for his immigration visa. Its just so annoying that its TRUE he cant stay more than 2 weeks. How to prove it? Do you think documents from his university showing the exam times would be useful? They would show that he has exams he needs to return for. Also, would it be good if his professor wrote a statement saying he needs to return to defend his graduation thesis? Again, thats true too. I am trying to think of what other things would be good to have?

Suggestions?

Edited by nina9, 07 February 2006 - 12:21 AM.

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#4 sassasdave

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Posted 07 February 2006 - 11:25 AM

I think I understand your position and I am confused at how you can file for Direct Consular Filing as it is my belief that this can only be done if you both live outside the US. From what I read you are living in the US and your spouse in Poland.

If you file your visa before trying to visit I would think he would be denied entry to the US on grounds that the visa is immigrant intent.

I hope this info helps.
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David (UK) - Melissa (OH)

#5 joej

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Posted 07 February 2006 - 12:03 PM

According to the DCF guide on this site there are some countries that do allow for DCF filing even if the USC spouse is not a resident of that country. You should make sure your spouses country of residence allows for that before making any plans.
If you get married then file for a visitors visa you are likely to be declined. If you file for an immigrant visa then a tourist visa, again you are running the risk of being declined and causing delays for the IV. On the other hand if you wait to file the immigrant visa then you may not make your deadline. It is important not to make plans as your visa can be delayed for any reason at any time. Read alot on this site. Many people have been waiting for Immigrant visas for one year plus. Ours took 3 months just to pass through USCIS, then another 7 months to get through NVC and another 2 months till the CO interview. Yet others breeze through.
Best of luck on your journey
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#6 meddykomp

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Posted 07 February 2006 - 12:29 PM

I think I understand your position and I am confused at how you can file for Direct Consular Filing as it is my belief that this can only be done if you both live outside the US. From what I read you are living in the US and your spouse in Poland.

If you file your visa before trying to visit I would think he would be denied entry to the US on grounds that the visa is immigrant intent.

I hope this info helps.

This depends on the individual embassy. In Sweden I could have filed DCF for my husband if I had only had all the paperwork in order to do so before I had to return to the US. We had even considered for me to take another trip to Sweden for this reason, but circumstances prevented that from being a possibility.
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#7 nina9

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Posted 07 February 2006 - 12:30 PM

Thank you both for your replies. I have already checked with the embassy and I can file DCF because I have a residence there. My only issue is whether he can get a B2 visa while waiting for his CR2, as in: is it even possible?

I found this info on this site, but it pertains to waiting for a fiance visa:

4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

This may actually be the most common question in the newsgroup, asked on a near daily basis. (SORRY!)

A..(newsgroup)..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant."

A.. If the fiance(e)..."Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending". Proving an intention to return home might mean showing...

Current enrollment in school
Employment in the home country
Strong family ties to the home country
This question does not have a good answer. Many people visit the US during the Process, but some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process.

Me again: He has a reason to come for only 2 weeks - the bridal shower. He has already visited, asking for 2 weeks, and staying for 2 weeks only. He has proof of enrollment in university, as well as exam schedules showing he needs to return. Also, we are getting married in a religious ceremony at a later date in his country, so he needs to return for that as well. I can show the consulate invitations to the wedding and to the shower. SO, if it is possible to get a B2 visa while waiting for a CR2, I think we can prove that his intention is only to visit, see me and his inlaws, and go back and finish his exams.

Sassasdave, does that convince you?
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#8 nina9

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Posted 07 February 2006 - 01:10 PM

Hi, I keep posting in reply to my own question, but anyway. I found the following info on the US embassy website for UK:

Can I travel to the United States while my application for an immigrant or fianc(e) visa is being processed?
If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fianc(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fianc (e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fianc(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

ME: so now Im worried about the point of entry. Last time the officer just asked purpose of visit, then said oh youre a student and let him through. My husband would just say hes visiting family friends like last time, so hes not lying and theres no problem- unless of course he was randomly asked if he was married or something like that. This is so complicated. ######.
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#9 zyggy

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Posted 07 February 2006 - 03:39 PM

Read this thread... it may give you a little better idea of what goes on

http://www.visajourn...showtopic=58200

Watch out what he says... If one is caught making a material misrepresentation to a CBP officer while attempting to enter the US, they could face a permanent bar on entering the US. A material misrepresentation is misrepresenting one's self such that if the truth were stated, it would have changed an officers position on whether or not that individual was eligible to enter the US. In my opinion stating that one is visiting "family friends" when one is visiting a fiancee may be considered a material misrepresentation and would probably be considered a material misrepresentation if one is visiting their spouse.

Edited by zyggy, 07 February 2006 - 03:42 PM.

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#10 nina9

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Posted 11 February 2006 - 06:04 PM

Nooooooooooooooo. One of the questions on the application for B2 visa is, does your fiancee live in the U.S. or have U.S. citizenship.... So, if he puts no... I guess that might end up being a bad thing when we get married, and apply for his immigration visa. But if he puts yes, he may not get the visa.
Well, whatever. We can still be just dating... right?
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#11 MrsBruce5

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Posted 11 February 2006 - 07:52 PM

Hi Nina,

I was advised by my attorney that once paperwork is on file, there is a very good possibility of a P.O. E denial, which would be awful...
I had the same Q, as getting the time off from work to visit my husband in the UK is limited, and his work allows him more flexibility...

It sucks, but keep in mind all of this is temporary and the end of the road brings a great reward...

-Rose
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#12 MPGGPM

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Posted 11 February 2006 - 08:19 PM

EVERY situation is different. Since I can only go by my own experience, it is not to say that yours and your husbands will go the same. There have been posts on this forum with negative experiences regarding this issue.

But I am writing to let you know it is possible to get a B2 visa while you have immigration papers on file. My wife was able to get one, and she has visited me once during the process (she stayed for a month) and had no problems.

We were both very nervous about what would happen when she arrived to the POE , but it went well and she had no issues.

However, it is a challenge to convince the embassies...consulates etc.....of your true intentions and trustworthiness. The others are right in that issuing a B2 visa is NOT the norm for people who have immigration papers pending, and they will be skeptical when your husband applies.

My feelings on this whole issue is that is is totally ridiculous, not to mention a huge burden on married couples when the US makes it so difficult just for 2 people who love each other to visit.

I have always felt that if 2 people have taken the time to apply, pay the hundreds of dollars in costs, send in many documents etc.....then these are NOT the people most likely to remain in the US illegally. The illegal immigration and the people they should be worried about are those people who NEVER file papers, and just try to sneak across the border.

I think deep down , the people who work for the government realize this...but...by now..they just have an ingrained sense of distrust regarding immigrants, because unfortunately, I am sure there have been people who received B2 visas who abused that process and trust...and remained in the US. It makes it tougher on the ones who truly just want to visit, and are abiding by the US laws.

Anyways...

I just wanted to let you know what you are asking is possible.
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