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Mrs. Childs

Tourist visa while waiting for the NOA2 on a spousal visa

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My hubby and I filed for a spousal visa on last August. He has been living with me since then but... Unfortunately he will have to leave soon. So my question is if there is a way I can go on a temporary basis to the States with him while this process is being finished and not illegally. We have from the begginning tried to do everything legally, go by the books, and even though the process has taken forever we do not want to do anything that could hinder it in any way. I thought about applying for a tourist visa using an invitation from my brother, who is already a US citizen, but not sure if this would work since the spousal visa process has already been started. I would appreciate any advice you can give us.


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it doesn't hurt to try.

The onus is on YOU, the foreigner, to prove up to the N-IV Consul that interviews you, that you have strong ties to Guatamala.

Here's some definition of 'strong ties', albeit from Guangzhou N-IV unit:

http://guangzhou.usembassy-china.org.cn/niv-frequently-asked-questions.html#V2

Is your timeline right, though, on the NOA-1 date? If not, and if it's later than 15 August for the NOA-1 date - that casefile might have gotten thrown to MSC. There's a chance of faster processing - but the USCitizen Spouse, the petitioner, must call into USCIS, get an ISO (see ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm ) and inquire for casefile status, location, and even ask if the casefile has been assigned to an adjudicator and if so, on what date.

Good Luck !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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The thing is that is not relevant who is in the USA for you to visit really. What you must show is strong ties to your home country that you are going back. With the spousal visa process running already most likely the Consul with deny the tourist visa application as he/she might think that you don't want to wait the whole time the process that takes for your i-130 that is already filed. you can always give it a try, at the worst they will say no and you will waste 160 bucks but it's not the end of the world as that doesn't really affect your spousal visa as long as you say the truth during the interview for tourism visa as the spousal petition basically is approved here in the states and the consul just verify some information and grant the visa in your home country but is barely never denied.

I would tell you give it a try but don't expect much! the tourism visa is itself hard enough to get :( you must prove strong ties to your country and the spousal petition says everywhere you want to leave your home country so you can be with your hubby, therefore no enough strong ties at home as your ties to the USA are stronger, thus denial for tourism application :(.

I know because I had the chance to hold 4 visas! 2 J1 for exchange, 1 B1/B2 for tourism and finally the k1 as fiance when we decided to spend our lives together in the usa and not in Colombia. And in every interview for the first three I had to show strong ties to Colombia! on the k1 that doesn't matter as that visa says that you want to stay in the states with your soul mate :).

Going back there to those three interviews, they gave me a hard time for the tourism visa, they asked much more even when I visited, worked, lived in the states before during my exchanges and obviously didn't stay. That interview took 15 mins to me which was a long time! but thank God I never got a denial which can be frustrating.

Something that I would like to share with you: During the k1 process I didnt travel on my tourism visa (I wanted though) because a visa is just to ask for entrance but doesn't guarantee entering the country. At POE they can perfectly say hmm but you have this i130 application I think you are staying so you don't wanna wait for the whole thing to be cleared! at POE some some people can be mean about it but it's their job. I read and asked about it and some people took the risk, some people were sent home. And as soon as the k1 was approved the first thing they did at the embassy was telling me: Ok now that you are immigrating to the states you no longer need your tourism visa and was cancelled right away.

Hope having given you a good insight about it based on my experience and good luck on your journey! If I were you I would just take the risk and go for it! some people have luck and get it :) if not, just wait for the spousal visa :) it will be just a couple of months away but that's nothing compared to spending the rest of your life together, right? it's worht it!

Edited by Juan L

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Thank you for the advice. We also filed visas for my three kids but the older two are not going with us inmediately as they have to finish the school year here. So I was planning to apply for a tourist visa for my baby and I, as my older kids are already at school and cannot leave the country, they will be staying with his father.

My timeline is right, yes, I checked the dates, we filed through a lawfirm in the states. Our paralegal asistant sent us the information, and we checked my hubby´s checking account and the checks have already been cashed. They were under the name of the USCIS.


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Thank you for the advice. We also filed visas for my three kids but the older two are not going with us inmediately as they have to finish the school year here. So I was planning to apply for a tourist visa for my baby and I, as my older kids are already at school and cannot leave the country, they will be staying with his father.

My timeline is right, yes, I checked the dates, we filed through a lawfirm in the states. Our paralegal asistant sent us the information, and we checked my hubby´s checking account and the checks have already been cashed. They were under the name of the USCIS.

having 2 kids left behind is a good tie.

ease of getting a tourist visa varies by country but theres no reason you cant try to apply for one


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We emailed the lawyer and asked her to make the phone call for us and this is the reesponse we got:

Hi Karla,

USCIS is currently backlogged and is still processing your petitions.

Once the USCIS issues the approvals, the petitions will go to NVC, not an adjudicator or to one specific officer. NVC will then send us the fee bills for each of you that Bryan will pay online. Then, I submit all of the originals and financials to NVC for clearance. Once they clear all of the documents, they coordinate with the consulate and schedule the interview date for you and the children.

As soon as we receive the next notice of action, I'll be in touch with you and Bryan immediately, so we can take the next step.

Now... my question is, what fees is she talking about? My husband made some checks at the beginning of this process, those have been already cashed...


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We emailed the lawyer and asked her to make the phone call for us and this is the reesponse we got:

Hi Karla,

USCIS is currently backlogged and is still processing your petitions.

Once the USCIS issues the approvals, the petitions will go to NVC, not an adjudicator or to one specific officer. NVC will then send us the fee bills for each of you that Bryan will pay online. Then, I submit all of the originals and financials to NVC for clearance. Once they clear all of the documents, they coordinate with the consulate and schedule the interview date for you and the children.

As soon as we receive the next notice of action, I'll be in touch with you and Bryan immediately, so we can take the next step.

Now... my question is, what fees is she talking about? My husband made some checks at the beginning of this process, those have been already cashed...

oh darling i hope you didnt think thats the only money theyd take from you

your affidavit of support is 88 and you iv fee is 230 then 165 for a green card fee allll the way at the end

dont forget a few hundred for the medical


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oh darling i hope you didnt think thats the only money theyd take from you

your affidavit of support is 88 and you iv fee is 230 then 165 for a green card fee allll the way at the end

dont forget a few hundred for the medical

He paid 420 for each one of us... they did say something about another fees but now I see how much its gonna be!!! lol...I asked her and this iw what she answered... all seems like its gonna be a lot...

Hi Karla,

The fees at the beginning to the US Department of Homeland Security were government filing fees ($420 per person).

After USCIS approves the petitions, the NVC (National Visa Center) will issue fee bills for each person (2 fees each to total $318 USD per person).

When NVC issues the consulate interview date, they will also issue instructions on the medical exams and the cost of those will vary depending on medical history, x-rays, labs, immunizations, etc.

Something new we recently received an update on is that starting February 1st of this year, there will be an immigrant fee of $165 USD per person, which is to be paid prior to arriving in the US.


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He paid 420 for each one of us... they did say something about another fees but now I see how much its gonna be!!! lol...I asked her and this iw what she answered... all seems like its gonna be a lot...

Hi Karla,

The fees at the beginning to the US Department of Homeland Security were government filing fees ($420 per person).

After USCIS approves the petitions, the NVC (National Visa Center) will issue fee bills for each person (2 fees each to total $318 USD per person).

When NVC issues the consulate interview date, they will also issue instructions on the medical exams and the cost of those will vary depending on medical history, x-rays, labs, immunizations, etc.

Something new we recently received an update on is that starting February 1st of this year, there will be an immigrant fee of $165 USD per person, which is to be paid prior to arriving in the US.

The 318 she is stating is a combination of the 230 and 88.

I didn't realize you were immigrating with a child. Ouch!

But it will be 230 + 88 + 230. There is only (1) Affidavit fee of 88.


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The 318 she is stating is a combination of the 230 and 88.

I didn't realize you were immigrating with a child. Ouch!

But it will be 230 + 88 + 230. There is only (1) Affidavit fee of 88.

Actually she stated THREE children earlier, they just aren't all coming at the same time.

Each application will have a fee of $230 so 4x$230 = $920 for the IV fees.

Plus $88 for AOS fees but that is one fee for all of you.

Then there are the fees for the actual green cards which you're aware of as $165 for each of you when you arrive.

The $420 for each of you was the fee to file the petitions.


USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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Actually she stated THREE children earlier, they just aren't all coming at the same time.

Each application will have a fee of $230 so 4x$230 = $920 for the IV fees.

Plus $88 for AOS fees but that is one fee for all of you.

Then there are the fees for the actual green cards which you're aware of as $165 for each of you when you arrive.

The $420 for each of you was the fee to file the petitions.

LOL thread too old.

I even replied to that post :rofl:


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