Tourist visa while waiting for the NOA2 on a spousal visa

[Mrs. Childs 11]

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.

[Darnell 8,479]

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 January 12, 2013 by Darnell

[Hagrid 22]

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 January 12, 2013 by Juan L

[Hagrid 22]

by the way just make sure to be back home so you can complete the spousal visa process as doing everything legally is always better

[Mrs. Childs 11]

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.

[The Mean Lady 604]

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

[Mrs. Childs 11]

Thanks to everyone...We really appreciate the fact you have taken your time to read and reply. We are hoping to get some news during this month if not... well... I guess we will give this a shot. I will keep you guys informed!!

[Hagrid 22]

Thanks to everyone...We really appreciate the fact you have taken your time to read and reply. We are hoping to get some news during this month if not... well... I guess we will give this a shot. I will keep you guys informed!!

Yes take the risk!!!

[Mrs. Childs 11]

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...

[The Mean Lady 604]

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

[Mrs. Childs 11]

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.

[The Mean Lady 604]

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.

[Ms Hogan 295]

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.

[The Mean Lady 604]

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

[Mrs. Childs 11]

Thank you all for the info... We really appreciate you have taken your time to read and post in here. God bless you all!!!