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raj1975

Applying for Visitor Visa while I130 is pending?

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my spouse is still studying in her home country, will this establish strong ties to show that she will return to her country after visiting me and wait for the I130 to process?? if so please provide a procedure to apply for the same? and what kind of documents are required from college she is enrolled in to show that her intention is only to visit me here in US and she will return to complete her I130 process?

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I've heard it is very unlikely and not recommended to try to get a visitor's visa because it will probably be denied so you're just wasting your money. The college documentation might help, but I think stronger evidence is financial stability of the spouse, aka, how wealthy they are.

my spouse is still studying in her home country, will this establish strong ties to show that she will return to her country after visiting me and wait for the I130 to process?? if so please provide a procedure to apply for the same? and what kind of documents are required from college she is enrolled in to show that her intention is only to visit me here in US and she will return to complete her I130 process?


07-23-2008 - Met in San Isidro, Nicaragua.

10-11-2008 - Officially Dating!

07-09-2009 - Engaged!

05-22-2010 - Married in San Isidro, Nicaragua!

**USCIS** 132 Days

11-29-2010 - Mailed I-130 Package.

12-01-2010 - I-130 Confirmation Delieverd to Lockbox; NOA1 Priority Date

12-13-2010 - Email Notification from USCIS for NOA1. Off to California!

12-14-2010 - Check for I-130 Package Cleared.

12-17-2010 - NOA1 (Hard Copy) Received.

02-28-2011 - Touch (For Entering Case Number into System)

03-18-2011 - Visited Hubby in Nicaragua for 9 Days

04-12-2011 - NOA2 ~ 132 DAYS!!!

04-13-2011 - NOA2 Notification Email

04-16-2011 - NOA2 Hard Copy Arrives

**NVC** 39 Days

04-25-2011 - NVC Received; Case Number Assigned

04-27-2011 - DS3032 Emailed from Petitioner and Beneficiary; Receipt Notice Received

04-28-2011 - AOS Bill Generated and Paid

04-29-2011 - IV Bill Generated

04-30-2011 - AOS Bill Cleared

05-03-2011 - IV Bill Paid

05-05-2011 - IV Bill Cleared; AOS and IV Packages Sent

05-09-2011 - AOS and IV Packages Delivery Confirmation

06-03-2011 - NVC Approval; Case Complete!

06-09-2011 - Interview Date Assigned!

06-30-2011 - Medical, 2pm --PASSED!

07-06-2011 - Interview, 8am

07-13-2011 - Pick Up Visa and Passport

07-14-2011 - POE, PASSED

event.png

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What country are we dealing with, your profile lacks details...

Depends on country as to the difficulty of getting a visitor's visa. The consulate assumes immigrations intent, and will need strong evidence to prove otherwise, having an I-130 in process goes toward showing intent to immigrate.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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I've heard it is very unlikely and not recommended to try to get a visitor's visa because it will probably be denied so you're just wasting your money. The college documentation might help, but I think stronger evidence is financial stability of the spouse, aka, how wealthy they are.

but since i will be supporting her here on her visit shouldn't it take care of the financial stability part since she is still a student and does not have any income?

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i meant her income and such ties would show that she would return to her country after visiting. Like loans, a employment letter from a job...like i said college documentation might help/work.

but since i will be supporting her here on her visit shouldn't it take care of the financial stability part since she is still a student and does not have any income?


07-23-2008 - Met in San Isidro, Nicaragua.

10-11-2008 - Officially Dating!

07-09-2009 - Engaged!

05-22-2010 - Married in San Isidro, Nicaragua!

**USCIS** 132 Days

11-29-2010 - Mailed I-130 Package.

12-01-2010 - I-130 Confirmation Delieverd to Lockbox; NOA1 Priority Date

12-13-2010 - Email Notification from USCIS for NOA1. Off to California!

12-14-2010 - Check for I-130 Package Cleared.

12-17-2010 - NOA1 (Hard Copy) Received.

02-28-2011 - Touch (For Entering Case Number into System)

03-18-2011 - Visited Hubby in Nicaragua for 9 Days

04-12-2011 - NOA2 ~ 132 DAYS!!!

04-13-2011 - NOA2 Notification Email

04-16-2011 - NOA2 Hard Copy Arrives

**NVC** 39 Days

04-25-2011 - NVC Received; Case Number Assigned

04-27-2011 - DS3032 Emailed from Petitioner and Beneficiary; Receipt Notice Received

04-28-2011 - AOS Bill Generated and Paid

04-29-2011 - IV Bill Generated

04-30-2011 - AOS Bill Cleared

05-03-2011 - IV Bill Paid

05-05-2011 - IV Bill Cleared; AOS and IV Packages Sent

05-09-2011 - AOS and IV Packages Delivery Confirmation

06-03-2011 - NVC Approval; Case Complete!

06-09-2011 - Interview Date Assigned!

06-30-2011 - Medical, 2pm --PASSED!

07-06-2011 - Interview, 8am

07-13-2011 - Pick Up Visa and Passport

07-14-2011 - POE, PASSED

event.png

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i meant her income and such ties would show that she would return to her country after visiting. Like loans, a employment letter from a job...like i said college documentation might help/work.

thanks Ashley. I see that you filed in November, i hope you get a speedy approval by March. Its been a month since i filed and already i feel like i am separated for years from my spouse. this separation is causing a strain on our lives for sure.

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snapback.pngraj1975, on 12 February 2011 - 10:24 PM, said:

but since i will be supporting her here on her visit shouldn't it take care of the financial stability part since she is still a student and does not have any income?

Raj,

Anyone coming to the us on a visitor visa is legally presumed to be an intended immigrant. It is the visa applicants burden to prove she will leave the US when her visa term is over. A pending I-130 visa petition is an admission that she is an intended immigrant and therefore not qualified for a visitor visa. It is an almost insurmountable hurdle to prove that she will travel to the US and not simply overstay. As previously stated the likelyhood of success is so low that IMHO you should save your money.

I am sure this is not the final word howeverwhistling.gif

Edited by misterbigtoe

th_Untitled-3.jpg?t=1294114030

03/2008--Met while working together in Mongolia
06/21/10--Married in Ulaanbaatar on the Summer solstice
USCIS
09/06/10--I-130 package mailed to USCIS Chicago Lockbox
12/14/10--NOA2 hardcopy rec'd, Dec 09 notice date<APPROVED>86 Days
NVC
12/22/10-NVC / IIN Number issued, AOS bill paid
12/26/10-DS-3032 emailed
January4............IV bill paid, discovered error by preparer
USCIS ROUND 2
01/04/11-- I-130 package for stepson sent express with expedite plea
01/11/11---Congressional expedite plea lodged with USCIS
01/20/11--- Notice date, APPROVED 14 days
NVC ROUND 2
01/26/11--- NVC/IIN Numbers issued, DS-3032 Emailed
02/07/11--- AOS/IV packages fedexed to NVC
02/24/11--- Both Cases Completed at NVC
CONSULAR
04/27/11--- Interview passed
05/29/11--- POE ORD
08/2011--- I-551s arrive

heart.gif NEW YEAR'S EVE 2011, WE WELCOME OUR BABY GIRL TO THE FAMILYheart.gif

REMOVAL OF CONDITIONS

04/18/13--- I-751 mailed

09/25/13---ROC approval

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snapback.pngraj1975, on 12 February 2011 - 10:24 PM, said:

but since i will be supporting her here on her visit shouldn't it take care of the financial stability part since she is still a student and does not have any income?

Raj,

Anyone coming to the us on a visitor visa is legally presumed to be an intended immigrant. It is the visa applicants burden to prove she will leave the US when her visa term is over. A pending I-130 visa petition is an admission that she is an intended immigrant and therefore not qualified for a visitor visa. It is an almost insurmountable hurdle to prove that she will travel to the US and not simply overstay. As previously stated the likelyhood of success is so low that IMHO you should save your money.

I am sure this is not the final word howeverwhistling.gif

Thanks for the info. i was hoping i will try it out since i am unable to take this separation, 24x7 i keep thinking of her. i am going crazy already.

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my spouse is still studying in her home country, will this establish strong ties to show that she will return to her country after visiting me and wait for the I130 to process?? if so please provide a procedure to apply for the same? and what kind of documents are required from college she is enrolled in to show that her intention is only to visit me here in US and she will return to complete her I130 process?

The key word here is spouse. Every person with a visa is thought to be an intending immigrant. She would have to show strong ties to her country. The problem is that once she enters the USA those ties are to her husband.

The ties to the college could help but the only way to really know is to pay the fee & try. Keep in mind even if she got the visa she could be turned away at the POE.

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When I was waiting for our CR-1 approval, I called the consulate near me and asked if there was a chance that I would get a visitors visa, and I was pretty much flat out told NO..

However, there are people who have received a visitors visa. I think the best way to go about it is to demonstrate your knowledge on where you are in the process (have your NOA in hand at the consulate) and she would have to choose her wording carefully such as "My hubby has filed a CR-1 for me and we have just received our second notice of action and I would like to visit him, as we have not seen eachother in X amount of months, I intend to leave on this day and return on that day, as I have to return to my school".

She will have to show that she still maintains ties to her country.. lease agreement, employment, schooling.

It will be a hard fight, and it CAN be done... however, it is highly unlikely that they will issue her one. It would most likely be much easier for you to visit her.


Invictus..

Out of the night that covers me,

Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

And yet the menace of the years

Finds, and shall find, me unafraid.

It matters not how strait the gate,

How charged with punishments the scroll.

I am the master of my fate:

I am the captain of my soul.

William Ernest Henley

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raj - she can but try, yes?

If denied or rejected, well, there's yer answer.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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my spouse is still studying in her home country, will this establish strong ties to show that she will return to her country after visiting me and wait for the I130 to process?? if so please provide a procedure to apply for the same? and what kind of documents are required from college she is enrolled in to show that her intention is only to visit me here in US and she will return to complete her I130 process?

been there done that.....trouble is you have to pay the money first, fillout the form then go to see the IO, just to hear them say no....you already have the I130 in progress.....my wife had a job, a good job, a bank acct, a apt, been out and came back before so she had a history of leaven and coming back, the IO look at her and said naaaaaaaaaaa you arent comeing back visa denied....end of story. :bonk:


12/22/2010...married my soulmate,in tagaytay city.


USCIS...
01/28/2011...mailed I-130 to chicago Lockbox.....The journey begins
01/31/2011...receive I-130
02/05/2011...get a e-mail notice of NOA-1...states case transferred to CSC
02/08/2011...check clears my bank
02/10/2011... rec. hardcopy NOA-1 in mail...priority date..01/31/2011.....sit back relax and ride this slow mule!!
02/14/2011... touched ( it must have fallen on the floor )..hehe
05/12/2011...NOA-2 OMG...98days u kidding me!!!!!!!

NVC......

05/26/2011... finally got NVC case number...
05/28/2011... receive DS-3032 in e-mail/e-mailed the DS-3032 back
05/28/2011... receive AOS fee bill/ and paid online.
06/01/2011... AOS fee bill shows paid.
06/02/2011... DS-3032 accepted
06/03/2011... IV-bill generated and sented by e-mail
06/04/2011... Paid IV fee bill/ in progress
06/07/2011... IV fee bill showed paid/ downloaded cover sheet
06/08/2011... Express mail both the I-864(AOS) and DS-230
06/09/2011... Confirmed del at 11:10am signed by N visa center.
06/21/2011... SIF...yea!!! called NVC..yes case complete but no interview dates until aug..rats!!
06/28/2011... issured interview date set for 08/08/2011 At 6:30am.
07/12&13/2011... medical
YEA SHE PASSED MEDICAL

08/08/2011... interview approved!!!
08/19/2011...usa/arkansas.....

ROC

05/23/2013... mailed I-751 to Vermont

05/25/2013...delivery confirm received

05/30/2013...check cleared bank

06/01/2013...rec. NOA1 (receipt date 05/28/2013)

06/24/2013... biometrics appointment

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Ya Know, I've watched all of your posts, all of your questions here on VisaJourney.com. To the best of my knowledge, I have to classify you as a 'mobile phone user',

as

you, apparently, aren't reading.

Why aren't you reading? Yer using a mobile phone for yer internet access, and mostly, the menus at the top of the page are not so viewable.

Can you, please, switch to a PC? A Personal Computer? Winders or MAC, any browser you want,

and then.... (wait for it...)

Click on the word 'Guides' up at the top.

Ya can't miss it, it's in the blue range, highlighted in White.

Once you get to 'Guides'

then read the entire page.

Find the Guide that applies to yer particular type of casefile.

If any ancillary links, like an NVC FLOWCHART, read those as well.

Don't have Adobe Acrobat Reader Installed on yer pooter?

wow - now is the best time to install it, as the FLOWCHART for NVC

Processing is in Reader format, and you have to download something.

then... as you have a moment to rest... when yer thinking.....

get a big piece of paper (11 x 17 inches is best)

then dig out a blue or green crayon (I like blue, btw)

and make a diagram of

where you are...........

what's next.............

what documents you must produce (emphasis on production here)

and then........

Find LingChe on the wiki... Come on - I dare ya to find it... Really.. Come On...

Once you've found it, dig out yer crayon again, and start making copious notes.

Then, as you've made these copious notes, get a clean sheet of paper,

and make the diagram again.

Then make 2 copies.

Send one to yer spouse, send the 2nd one to yer favourite Uncle.

Keep yer original in your satchel, as you'll review it daily.

Then, when you have a spare moment, O Raj,

Change your user profile to reflect which country yer spouse is really in;

Change yer TimeLine to reflect the country yer spouse is really in;

and then ... (again, wait for it............)

click on the 'portal page'

and you'll see a wealth of information, in the form of clickable links,

that pertain to yer particular Embassy.

Study the Embassy info, Study the Timelines for yer country (of Spouse),

mark yer calendar,

and...

go forth...

----

Should you fail to do any of this stuff...

then..

I have to think...

yer really in the wrong place, as

VisaJourney.com is a DIY Immigration web portal,

with an emphasis on 'Y' (YOU) and 'D' (Do)...

Doing it yerself is mondo fricking important,

and VJ has all the info you need.

It's up to you to find it, assimilate it, and act on it.

Read, Man, Read !!

Please?

Purty Please??

Purty Please with Mutton Curry on it???


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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It is a unwritten law that if you have a I-130 pending there is no way to obtain a visitor visa no matter how much evidence you have. I tried it too only to have spent the time and money to get educated on this subject.


USCIS

10-15-2009 Met while I was on vacation...

11-12-2009 Traveled to CR for 3 weeks (Engaged)

02-21-2010 Married

05-28-2010 Mailed I-130

05-31-2010 Received - Chicago Lockbox

06-07-2010 I-130 NOA1 - CSC

06-08-2010 Touched

09-16-2010 NOA2

NVC

09-21-2010 Case# assinged

09-22-2010 AOS and IV bill generated.

09-22-2010 Paid AOS and IV bill.

09/23/2010 Both bills show paid. Printed cover sheets.

09/27/2010 Mailed AOS & IV package (fedex).

09-28-2010 Package received at NVC 9:32am (signed for by J.Desmond)

10-04-2010 AOS & IV docs in AVR system.

10-08-2010 SIF.

10-21-2010 Case Closed.

10-25-2010 Case sent to USEM.

USEM

10-27-2010 Received file.

11-02-2010 Medical. PASSED

11-08-2010 Interview APPROVED

POE

11-13-2010 Frt Lauderdale,FL.

SS Card

11-29-2010

Welcome Letter

12-10-2010

Greencard received

12-20-2010

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It is a unwritten law that if you have a I-130 pending there is no way to obtain a visitor visa no matter how much evidence you have. I tried it too only to have spent the time and money to get educated on this subject.

but I know people who have been successful... so it is not impossible... extremely difficult but not impossible


YMMV

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