Visitor Visa after i-130 has been filed

[AmeenaTutu 0]

I'm a US Citizen, staying in India on an Employment Visa. I married an Indian Citizen in Feb 2012 and approx one month ago, we filed his i-130. I was notified today that my employment is ending and was only given 4 days notice. I now have to decide if I want to go to a neighboring country to file for an Indian tourist visa for myself, then return but be unable to work, orif I want to return to the US without my husband.

My question is: since we've already filed his i-130, does he also have the option to file for a tourist visa to the US simultaneously? That way we can both go to the US together, he just won't be able to work until his previously filed visa is granted.

We have an appt at the Embassy tomorrow to find out more info but I thought perhaps someone here could recommend what to do in this situation and help me realize any details I'm leaving out or things I'm not considering.

Thanks in advance!

[catknit 144]

You have filed an I130 - that proves without a shadow of a doubt that he intends to immigrate to the US. To get a B1/B2 visa - you need to prove without a shadow of a doubt that you have NO intent to immigrate. He will not be approved for the tourist visa.

As you have married in Feb 2012 - you SHOULD be able to get an X visa conversion to stay in India. This will only allow you to reside [no working, no school]. Check at the FRRO. It may be a hassle and a quick trip to Nepal or Singapore may yield faster/easier results with a tourist visa. But, if you can turn around an X visa with just a few hours in offices and the obligatory box of sweets, it may as easy/fast.

[Harsh_77 718]

You are free to apply for tourist visa but in most cases they would be rejected.

Tourist visa is not for someone to come to country and have stay until their applied visa beomes available.

Most couples do it they stay apart for 6-8 months while processing the visa...not sure why that would not be possible.

other options are as suggested you can try to convert the visa to tourist visa and reenter the country. Make sure to let immigration officer know you are married to Indian citizen and are visiting to see him.

Lately Indian immigration has become very strict on tourist visa.

[AmeenaTutu 0]

Thanks for the suggestion. The FRRO was a breeze and said I can convert my Employment Visa into an Entry Visa, no sweets required. :-)

They also said there's no hurry to do so, as long as I do it before my Employment Visa expires (which is in April 2013).

Edited September 19, 2012 by AmeenaTutu