Tuorist visa possible before starting immigrant visa for wife?

[Azagarth 0]

I just got married a month ago in and was about to start my argentine wife's immigrant visa this month but recently my mom was diagnosed with cancer. I would like my new wife to meet my mom before she possibly goes as it could happen in the next few months. However, my wife didn't even have a passport before we got married and it just came in the mail last week.

I know the process for a tourist visa is fairly quick, around a month which would work perfect as that's when I plan to visit her from here in Argentina.

My question is that if we try to get her a tourist visa I know we have a small chance, but it would be worth it. The hope would be that they would let her go with me up until December to help take care of my mother, and then we would plan to come back to Argentina then because I promised her to spend Christmas with her family this year and she has to finish off a few exams that month for her university studies. So it's not with the intent of illegally staying there, we have to come back.

Is it even possible to get a tourist visa in this situation? And more importantly, if we try to get a tourist visa for her now, will that in any way affect me when I start her spousal visa process at the end of August? My fear was that if we try for a tourist visa and she gets denied, then they won't let me immediately after that start her immigration visa or that it might spark a red flag.

Could anyone educate me on this? I'm super confused and didn't find any answer . Thanks in advance!

[Ian H. 207]

Hello,

I am sorry about your mother. I hope she is doing well. As for your wife getting the visa approved is not necessarily impossible, but very difficult. She has to prove strong ties to Argentina, like family, employment, property, etc. Things that would compel her to go back to Argentina and not stay in the US. The fact she is married to a USC doesn't help her chances. You can apply for the visa and the most you could really lose is the $160 application fee. Her getting denied will not affect her spousal visa in any way, so long as it's not something that would make her ineligible as an immigrant of course. You can apply and of course explain the situation to the consul and if you can show proof that your mother is terminally ill then maybe they can approve her under humanitarians grounds. I'm not sure about the humanitarian reasons, but it doesn't hurt to try. I just want to assure you that if she gets denied the visa, that wouldn't raise any flags or make your spouse petition any more complicated. If you guys are willing to risk the application fee, then by all means go ahead since this a serious reason. Maybe someone else can give you advice about a possible humanitarian visa. Good luck and again I hope your mother is well!

[canadian_wife 1,785]

The advice above is mostly correct. However Azagarth, YOU do not apply for the tourist visa. Your wife must do that on her own. You are unlikely to see a consular officer on your wife's behalf. She will have to show ties and SHE will have to discuss why she must return to Argentina.

good luck

[Dave&Roza 748]

Having gone thru this with the Almaty Consulate in Kazakhstan with both approvals and denials for the same person with the same evidence, I will say that your wife needs to include all evidence of her ties to Argentina with the visa application. The interview is to tell you that you are approved or denied, not to show more evidence. I have read too many times here on VJ where the visa applicant took a large amount of evidence to the interview only to not be given an opportunity to give it to the IO and was denied.

I would concentrate on her exams in December as proof that she will return. Having a USC spouse will be a strike (or maybe even two) against her as the IO will assume she will use the tourist visa to come to the US and then you will file for adjustment of status (AOS) once she is in the US. The only cost is if denied you are out the visa fee of what $160? You will also have to put that denial down on the spousal visa form, but that will not cause any problems. If you can afford the money, try as you will never know until you do.

Good luck,

Dave

[Ian H. 207]

I'm sure OP is aware that his wife is the one that needs to apply for the visa. I did specify in my post that she has to prove her ties to Argentina. When I said "you" can apply for the visa, I meant them as a couple since I don't think it would hurt for him to accompany her to the visa interview. Considering that he wants her to visit to see his mother just in case she doesn't make it. Sorry about the confusion.

The advice above is mostly correct. However Azagarth, YOU do not apply for the tourist visa. Your wife must do that on her own. You are unlikely to see a consular officer on your wife's behalf. She will have to show ties and SHE will have to discuss why she must return to Argentina.

good luck

[Ryan H 3,790]

One post violating the TOS (veiled suggestion of visa fraud) removed.