Tourist visa denied at Chennai Consulate

[cyberdeep 0]

I-130 and I-129F was filed at CSC last month and NOA-1 received for both with receipt number. Tried to apply for a tourist visa. The interview was very short. The officer basically said that he could not issue a tourist visa when a K-3 was already in progress. He was polite and respectful but would not look at any document indicating that my wife had reason to return after a short trip. Didn't have much hope to begin with but figured it was worth a shot. We are going to be apart now until K-3 gets issued so the wait begins for us...

Some past research indicated that a similar response was received at the Mumbai consulate as well. It seems the Indian consulates are making up a policy to not issue tourist visas to K-visa applicants when all research suggests that no such policy exists. My guess is it's because they have a huge number of tourist visa applicants from India and need to deny a certain %. In any case, figured I'd post this info for others considering this route...

[Steve Y Jessica 1]

I-130 and I-129F was filed at CSC last month and NOA-1 received for both with receipt number. Tried to apply for a tourist visa. The interview was very short. The officer basically said that he could not issue a tourist visa when a K-3 was already in progress. He was polite and respectful but would not look at any document indicating that my wife had reason to return after a short trip. Didn't have much hope to begin with but figured it was worth a shot. We are going to be apart now until K-3 gets issued so the wait begins for us...

Some past research indicated that a similar response was received at the Mumbai consulate as well. It seems the Indian consulates are making up a policy to not issue tourist visas to K-visa applicants when all research suggests that no such policy exists. My guess is it's because they have a huge number of tourist visa applicants from India and need to deny a certain %. In any case, figured I'd post this info for others considering this route...

No actually it is true. We tried the same thing and also got denied for the same reason. I knew it was a long shot when we tried, but it was worth a shot.

The law states that they have to assume that everyone that applies for a visa is an intending immigrant. And that needs to be overcome to have a tourist visa issued to you.

Due to the fact that you have a K3 petition filed, you are an intending immigrant. So they cannot issue a tourist visa.

So sorry, but it has nothing to do with India, and it is the law.

[payxibka 10,044]

The law states that they have to assume that everyone that applies for a visa is an intending immigrant. And that needs to be overcome to have a tourist visa issued to you.

Due to the fact that you have a K3 petition filed, you are an intending immigrant. So they cannot issue a tourist visa.

It is not that they can't issue it as ALL visa applicants are presumed to have immigrant intent. What happened is that the "bar" to overcome just gets very high. I know of a few people who successfully received a B1/2 with active immigrant petitions in process. The consulate was fully aware of this but the applicant's were able to convince.

[Thai family 0]

For what it's worth, they don't issue them in Thailand either - before or after you apply - if you're married to a USC.