Louie1988

Tourist visa - I-130

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Hey,

 

My wife filled an I-130 for me, she lives in USA, and I am living in Brazil. We don't see each other for almost a year, last time she came to Brazil, and now I want to visit her. I don't have an USA visa right now, do you think the I-130 will be a problem for me to get a tourist visa?

 

thanks.

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It's probably not an issue. I hate to say only "probably", but as others above noted, having an immigrant intent (even if you don't plan to stay on that visit) can be taken into consideration both by the CO at the embassy and CBP at POE. It's up to their discretion to make that determination if they believe the individual with return home. It goes without saying, but never lie to either of them as that is probably the worst thing you can do for yourself in the process.

Edited by geowrian

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First, thanks for all the answers.

My priority date is Nov, 15th, 2016, so I think my process is just in the beginning.

The fact that I got married in USA under a J1 visa, and came back to my country before the expiration date of my visa can help me proving that I don't have bad faith, that I'm not trying to fraud immigration?

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Hard to tell.

What are your ties to Brazil? Do you own properties? Are you enrolled in classes at school? Do you have a stable job?

 

all you can do is try, the only thing you can lose is the money you'll pay for the tourist visa application fee, it won't hurt your current immigrant petition

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No house, I have a car, I'm enrolled as full time student for my second undergrad course. I'm already a lawyer, but I don't work with it, I just help my parents with their law office, so I can't use it as a job.

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Ultimately its the decision of the consulate or embassy whether they would grant. It was touched on above but honestly you're going to find it almost impossible to show strong ties while you're showing intention to immigrate on an ir1.

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I agree, that's why I didn't apply for a visa yet. I think I will have to wait until the end of the process.

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Depends on your financial situation. If visa fee is not a big burden on your finances I would apply. Doesn't hurt as long as you are 100% honest and accurate on visa application. Denial does not hurt your immigration visa chances unless there is misrepresentation. Why not? I will give you an example: my wife had a very good job in Russia and property and was well traveled in EU and US. She applied for visa and mentioned that she has boyfriend in US that she is visiting. They denied her visa but did not have a problem with K1.

Edited by san diego
Add info

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