Jump to content
Sign in to follow this  
Chandler

Visa application for toursit visit for new family

7 posts in this topic

Recommended Posts

Filed: Country: Malaysia
Timeline

My wife and I just got married in September. We were married in Malaysia. She has a L1 VISA and will begin working in US February 11th. Before she leaves Malaysia she is trying to help her family receive tourist VISA's so they can visit. So far the 2 familys have not met.

Her L1 expires in 2009 but we are working on the green card now and have the I-130 in process.

The question is, should she let the embassy know during the VISA interview that she will be in the US on a L1 and husband has submitted I-130 for green card process?

I worry that may tip off immigration that this temporary VISA holder intends to stay permanent and receive a green card. I was under impression if they flagged her at entry she may not be allowed in even though she holds a valid temporary VISA.

Any input. She was considering sending a letter with her non englsih speaking family members explaining her situation and I have said not too. She wants them to get the longest VISA possible so they won't need to apply each time they visit. Quite expensive. With her L1 expiring in 2009 she is concerned they will only give VISA until then.

Thanks,

Hope I'm not rambling.

Edited by Chandler

Event Date

Service Center : California Service Center

Consulate : Malaysia

Marriage : 2007-09-30

I-130 Sent : 2007-10-15

I-130 NOA1 : 2008-01-11

I-130 Approved : 2008-03-06

AOS:

Filing date 2008-06-23

NOA1 2008-06-30

Biometrics 2008-07-18

Interview notice sent 2008-09-08

Interview notice received 2008-09-15

Interview Date : 2008-10-21

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

I take it you are a USC.

L1 is dual intent so she should have no issue.

B2, well that is mainly down to the applicants. Nothing you can add.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Country: Malaysia
Timeline

I'm a USC and she is arriving with L1. Can someone help me understand dual intent. I've heard that a few times and don't really know what that means.


Event Date

Service Center : California Service Center

Consulate : Malaysia

Marriage : 2007-09-30

I-130 Sent : 2007-10-15

I-130 NOA1 : 2008-01-11

I-130 Approved : 2008-03-06

AOS:

Filing date 2008-06-23

NOA1 2008-06-30

Biometrics 2008-07-18

Interview notice sent 2008-09-08

Interview notice received 2008-09-15

Interview Date : 2008-10-21

Share this post


Link to post
Share on other sites
The question is, should she let the embassy know during the VISA interview that she will be in the US on a L1 and husband has submitted I-130 for green card process?

Which visa interview? For her L-1? For her family's tourist (I'm guessing B-1)? visas? For her marriage-based visa (K-3 or CR-1)?

A principal rule is to NEVER lie to the officials. They'll issue a lifetime ban for that. Never conceal a material fact from them, either, because that can result in a lifetime ban, too. A lifetime ban is much worse than any temporary denied entry or denied visa. When in doubt, be up front and disclose everything to them in advance. If they find out about the I-130 or such on their own, and it looks like she was trying to hide it from them, they won't be happy.

Regarding tourist visas for family members, the fact that SHE intends to immigrate to the US isn't strong evidence that the rest of her family has the same intent. It's up to them to demonstrate their own ties to their home country to show nonimmigrant intent. She can't get visas for them. About the most she can do to help is to issue a letter of invitation that shows they have a place to stay and a way to cover their expenses. And such a letter of invitation would ONLY help answer the question about how they'll pay for the trip -- if that's not an issue, the letter of invitation would be useless. In any case, any letter from her doesn't help much with the most common difficulty: proving they'll return home at the end of their authorized stay.

Oh, and the tourist visa application will ask her family members to list any relatives they may have in the United States, and what the status of those relatives is. They should answer those questions truthfully, and disclose that your wife is in the US.


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Share this post


Link to post
Share on other sites
Filed: Country: Malaysia
Timeline

She has a L1 already. The VISA interview would be for her family to get a tourist visa to visit.

I did issue a letter of invitation as a US Citizen to my new family to visit.

Thanks for the advice.

Edited by Chandler

Event Date

Service Center : California Service Center

Consulate : Malaysia

Marriage : 2007-09-30

I-130 Sent : 2007-10-15

I-130 NOA1 : 2008-01-11

I-130 Approved : 2008-03-06

AOS:

Filing date 2008-06-23

NOA1 2008-06-30

Biometrics 2008-07-18

Interview notice sent 2008-09-08

Interview notice received 2008-09-15

Interview Date : 2008-10-21

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Dual intent includes immigrant and non immigrant intent.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
My wife and I just got married in September. We were married in Malaysia. She has a L1 VISA and will begin working in US February 11th. Before she leaves Malaysia she is trying to help her family receive tourist VISA's so they can visit. So far the 2 familys have not met.

Her L1 expires in 2009 but we are working on the green card now and have the I-130 in process.

The question is, should she let the embassy know during the VISA interview that she will be in the US on a L1 and husband has submitted I-130 for green card process?

I worry that may tip off immigration that this temporary VISA holder intends to stay permanent and receive a green card. I was under impression if they flagged her at entry she may not be allowed in even though she holds a valid temporary VISA.

Any input. She was considering sending a letter with her non englsih speaking family members explaining her situation and I have said not too. She wants them to get the longest VISA possible so they won't need to apply each time they visit. Quite expensive. With her L1 expiring in 2009 she is concerned they will only give VISA until then.

Thanks,

Hope I'm not rambling.

Will your wife be travelling with the family member?

If your wife is already in US with you when her family is applying for the visa, they can tell the officer that they are visiting their daughter who is residing in the US and to meet her in-laws. Under normal circumstances, they will issue a B1/B2 with 10 years validity.

Don't think your wife's L1 visa has anything got to do with their B1/B2 visa application. What is more important is the intent of the family visit.

Hope this helps.


03/21/06- Met online

10/13/06- Met in person (Los Angeles USA) (three weeks)

12/20/06- Met in person (Kuala Lumpur Malaysia) (three weeks)

02/13/07- Met in person (Nagoya Japan) (two days)

06/21/07- Met in person (Portland Oregon (via PDX), USA) (three weeks)

11/30/07- Met in person (Portland Oregon (via LAX), USA) (six weeks)

12/12/07- Got married (In a Light House!!!)

01/18/08- I-130 sent

01/21/08- I-130 received at Chicago Lock Box

02/15/08- Check cashed

02/26/08- NOA1 received (Notice date: 2/12/2008)

02/19/08- Touched

04/23/08- Met in person (Kuala Lumpur, Malaysia) (one week)

04/30/08- Here I am in USA!!!!

05/19/08- I-130 approved!

05/27/08- NVC received our application and case number assigned

06/02/08- DS-3032 sent & AOS Bill Generated

06/05/08- Paid AOS Bill online

06/16/08- DS-3032 email accepted by NVC

08/28/08- Case completed!

10/21/08- Interview date (Rescheduled by US Embassy- Original date 10/28)-PASSED!!!

10/22/08- Visa in hand!

10/31/08- POE- Seattle, WA

11/12/08- Received SSN in mail!

11/20/08- Got my WA driving license!

I-751

08/03/10- I-751 sent

08/09/10- NOA

08/24/10- Biometrics

10/28/10- Case approved

.png

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...