Which Tourist Visa for my wife?

[Skwirl 1]

I feel like an idiot now that I have been waiting for nearly a year and find out they are processing travel visas from 2 to 24 days time in Honduras! I only assumed that a K-3 would be faster. So now the only question is should we apply for a regular B-2 Travel Visa or something different due to us being married and applying for K-3 as well??????? Please help............

[Inky 1,111]

Tourist visa for a spouse of a US citizen who also already shows immigration intent by filing for a spousal visa is most likely to be denied.

[Penguin_ie 5,994]

Why do you feel like an idiot? They are two completely different visas- the tourist visa is for a short visit, the spousal visa is to immigrate and stay.

[Skwirl 1]

Why do you feel like an idiot? They are two completely different visas- the tourist visa is for a short visit, the spousal visa is to immigrate and stay.

Because I could have been bringing my wife much earlier............

[Ryan H 3,813]

Because I could have been bringing my wife much earlier............

As Penguin already told you, a tourist visa is for a short visit; your wife would have had to return when her authorized stay expired. Using a tourist visa to immigrate is visa fraud and the penalties for fraud are severe.

[Skwirl 1]

I simply want her to visit, not immigrate. I am fine with waiting for immigration papers and having a short visit. We simply wat her to have the opportunity to see future house and my family etc. So would it be possible to get a B-2 tourist? I am confused........Since we are married and filing for a K-3 then we must use the 156 form? 156 forms are usually denied? I can't file a 160 and use it for just that - a short visit????????

[Boiler 45,692]

If she wants to apply for a B2 Visa, she certainly can, the instructions will be on the Consulate web site.

K3's have been effectively dead for some time, do you mean CR1?

[Skwirl 1]

If she wants to apply for a B2 Visa, she certainly can, the instructions will be on the Consulate web site.

K3's have been effectively dead for some time, do you mean CR1?

Yes for the K-3........I am still confused on what to do. I submitted an I-130 and a I-129F as well. I dont know if I should just wait or if I can file a DS-230 as well?????

[Boiler 45,692]

This may well be a case where you need an Immigration Lawyer.

[Ryan H 3,813]

Yes for the K-3........I am still confused on what to do. I submitted an I-130 and a I-129F as well.

What has already happened is USCIS has tied the two petitions together and they will be adjudicated at the same time. If the NVC receives both petitions at the same time, the I-129F that was filed to start the K3 process will be administratively closed leaving only the I-130 filed to start the CR-1 process active.

[Little_My 464]

You've just taken a de-tour to the CR-1. It may sem a bit confusing, but in the end you will end up in the same destination. The K-3 visa is technically a non-existent visa these days - the process is still there (for whatevet reason), but what happens is that when a person files for a K-3 now, as said by Ryan H, the I-129 part of the petition will be closed, and the I-130 will continue as a CR-1 petition. The outcome is the same - a spousal visa for your wife. You said you've been waiting for nearly a year - I am not ane xpert on CR-1/K-3 processing times, but I would assume you are getting close to the end of the process.

Regarding the B2, it is an entirely different and independent visa for an entirely different purpose. Of course you can apply for it while the K-3/CR-1 is pending, but since your wife has shown clear intent to immigrate, it is fairly likely she would be denied.. No harm in trying though, besides the loss of time and filing fees associated with the application process.

[amyandjorge 76]

for what it's worth, I was asking myself the same question a year ago.

I submitted the paperwork for CR1 with a lawyer, he told me that we could try for a tourist visa for my husband. However, even if he was approved for a temporary stay visa, he could be denied entry to the US still at customs. Because we had already begun the immigrant visa application process.