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Inviting a relative who has a pending petition

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Hello,

I was wondering if it is possible to invite a relative (my step-son) on a visitor's visa while his i-130 is pending? Will this be an automatic rejection for "intent to immigrate"? If so can I wait until after the i-130 has been approved and have him file for a tourist visa to try to cut down the time waiting for NVC?

Any help is greatly appreciated.

USCIS

4-7-10 Married

5-5-10 I-130 sent to Chicago Lock Box for (step)son

5-10-10 NOA1

8-18-10 Touched

8-19-10 NOA2

NVC

9-1-10 Received NVC Case #

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Filed: IR-1/CR-1 Visa Country: Egypt
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Hello,

I was wondering if it is possible to invite a relative (my step-son) on a visitor's visa while his i-130 is pending? Will this be an automatic rejection for "intent to immigrate"? If so can I wait until after the i-130 has been approved and have him file for a tourist visa to try to cut down the time waiting for NVC?

Any help is greatly appreciated.

i wanna do the same and i don't know the answer

Beautiful patience.

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Filed: Citizen (apr) Country: Nigeria
Timeline

It would be much harder to overcome the intent to immigrate proof required for a visitors visa. The best argument I could think of would be that he needs to return for the interview to get a visa rather than become and illegal with the ensuing headaches. But the embassy usually doesn't share that logic. Once approved I don't see the use of a visitors visa ,have him come visit and then go back and interview and then come back, I guess it works if you have lots of money for airline tickets.

This will not be over quickly. You will not enjoy this.

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Filed: Citizen (apr) Country: Colombia
Timeline

Hello,

I was wondering if it is possible to invite a relative (my step-son) on a visitor's visa while his i-130 is pending? Will this be an automatic rejection for "intent to immigrate"? If so can I wait until after the i-130 has been approved and have him file for a tourist visa to try to cut down the time waiting for NVC?

Any help is greatly appreciated.

It's worth a try but in all honesty he will most likely be denied. To be honest with you I haven't heard of the first case where the tourist visa was approved with a pending visa petition. If he already has a tourist visa in good standing that's another thing. But I even read of a case where the beneficiary went to get her current tourist visa extended and was not only denied, but the tourist visa was voided right then there.

He can still try getting one just in case. No harm in doing so.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: IR-1/CR-1 Visa Country: India
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It would be denied for sure. My case is completed at NVC and I applied for B1/B2 today, I was granted B1/B2 as my company needed me to be in US.

She clearly told me since it was for work she was granting B1 in general case it would not be granted as when you put in B1/B2 application you agree that your intent are of non-immigrant and on contrary is you have immigrant petetion means you lying on one of them.

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