Visa Process Confusion

[Fatana Ansari 0]

Hi,

I am a U.S Citizen and my husband is a Indian Citizen. I have filed i-130 petition 1 week back.

I need to get my husband in U.S asap. I did go through the guides but I am still confused. What should I do in this case as I have already filed i-130 petition.

Can my husband try to apply for a visa when I recieve the reciept of i-130 petition(that it is in process) from USCIS ?

If yes could you please provide the instructions. If no what is the fastest possible way.

Note: All I want is for him to be present for my brother's weddding.

Thanks

[Anh map 2,098]

He can apply for a tourist visa in order to visit for the wedding.

[Mina90 134]

When is your brother's wedding?

Your husband cannot apply for a visa. YOU are the one applying a visa for him through the I-130 petition. There is a guide hereMy link. We all want our spouses here ASAP but USCIS doesn't work that way. ASAP is relative (for USCIS, the fastest could be 5-6 months). Generally, the entire process ON AVERAGE can range between 6-9 months, some more, some less. Depends entirely on your case. Every case is different.

Since you applied for the I-130 last week, you probably received the NOA1 ( 1-757C receipt).

Next, you have to wait for the NOA2 (approval of I-130)- this takes the longest, right now the average is 5 months for most centers.

Then, it gets transferred to NVC (National Visa Center). They will send you your number, you send in the AOS (affidavit of support-income), some forms (DS-3032,I-864, DS-230 )plus you have to pay the bills for those too ( I think one is $88, other is $230 as of right now).

After all that is received, confirmed and APPROVED, you move on to the next step: INTERVIEW. Your husband will go to an assigned consulate in India for the interview, and IF approved, he will get his visa.

THIS IS YOUR STEP TO GETTING A VISA. The whole point of an I-130 is to obtain a visa to come to the US.

You could try other visas, such as tourist, but there is a HIGH chance(almost 100% chance, reason being he is your husband and has a likely chance of overstaying and other immigration issues) it will be denied. BUT since you've already started the I-130, I suggest you stick with that since it's the best way.

I'm sorry, but the process isn't quick. We're all impatiently waiting for our loved ones to come. You have to just wait in line for your turn. Hopefully that helps answer your question.

Edited September 23, 2012 by Mina90

[Fatana Ansari 0]

Thank you for the information. My brother's wedding is in end of April(Approx 7 Months). So we have couple of months in our hand. Like you said getting a tourist visa is next to impossible at this point of time.

So I belive I would have to wait for my i-130 petition to be approved. I was just thinking if there was an alternative and faster way.

So which visa should I go for K3 or IR-1/CR-1?

[Nick1980 11]

Thank you for the information. My brother's wedding is in end of April(Approx 7 Months). So we have couple of months in our hand. Like you said getting a tourist visa is next to impossible at this point of time.

So I belive I would have to wait for my i-130 petition to be approved. I was just thinking if there was an alternative and faster way.

So which visa should I go for K3 or IR-1/CR-1?

If you've already filed the I-130 then you already petitioned for the IR-1/CR-1 visa. K3 visa is obsolete.

If you're thinking because of your brother's wedding you can get expedited, don't count on it

Edited September 23, 2012 by Nick1980

[Mina90 134]

As Nick1980 said, you've already chosen your route, the IR1/CR-1 (I-130). Therefore, you don't need to send in the K-3 (besides, it takes just as long as the I-130, in fact, nowadays I-130 is faster than K-3) K-3 is sort of "dead" in this generation, it was helpful years ago when visa processing took many years to complete, but not anymore. So, just hang in there and be patient. I don't want you to get your hopes up that your husband will be able to attend your brother's wedding, because there's a chance it might take longer, or it might not, just depends. Good luck, and hope for the best.

[Fatana Ansari 0]

Thank you for all the information We will try to get a tourist visa (fingers crossed)

Thanks

[TimeTravel 78]

Thank you for all the information We will try to get a tourist visa (fingers crossed)

Thanks

Try won't hurt, but it is very unlikely to grant for someone who is an intended immigrant. US visa doesn't even guarantee the entry in USA. US Visa allows that person to knock the door at POE. :-) CBP official can deny the entry for any intended immigrant if they are coming on non-immigrant visa. Final decision is up to CBP.

[hsn 2]

Hi,

I am a U.S Citizen and my husband is a Indian Citizen. I have filed i-130 petition 1 week back.

I need to get my husband in U.S asap. I did go through the guides but I am still confused. What should I do in this case as I have already filed i-130 petition.

Can my husband try to apply for a visa when I recieve the reciept of i-130 petition(that it is in process) from USCIS ?

If yes could you please provide the instructions. If no what is the fastest possible way.

Note: All I want is for him to be present for my brother's weddding.

Thanks

Hi

You are not eligible for any Non-Immigration visa when your Immigration Petition is pending. Hence, it is better to hang in with your CR1 visa and wait for that.

Thanks

[kpatel 3]

Thank you for all the information We will try to get a tourist visa (fingers crossed)

Thanks

Hang on to your I-130. Refer to my signature and you will come to know the actual facts. It can take from 9-12 months unless you are very lucky. Patience is the key.