applying for turist visa after applying for CR1

[klyseng 0]

Hello,

My wife is Bolivian and we are currently living in Bolivia.

About one year ago we applied for the CR1 visa, and we are still waiting for the interview. We were hoping to be able to go to the states by the beginning of this year, but seeing as we still haven't received anything that looks promising to be able to finish the visa soon, I was wondering if it would be possible to apply for a tourist visa while we wait, and if doing so would interrupt the process at all?

thank you

[The Mean Lady 604]

Yes

[Dave&Roza 748]

Hello,

My wife is Bolivian and we are currently living in Bolivia.

About one year ago we applied for the CR1 visa, and we are still waiting for the interview. We were hoping to be able to go to the states by the beginning of this year, but seeing as we still haven't received anything that looks promising to be able to finish the visa soon, I was wondering if it would be possible to apply for a tourist visa while we wait, and if doing so would interrupt the process at all?

thank you

Yes you can apply for a tourist visa and no it will not interrupt the process. Her chances of getting the tourist visa are the same as any person from her home country and she must show strong ties that she will return and not immigrate to the US. Having a pending immigrant visa may actually help in this case. You will never know unless you try. Your only risk is the time involved to file and the visa application fee which is not refundable.

Good luck,

Dave

[aayitrun 66]

i have little experience in this particular case but doesnt having a pending immigrant visa application totally negate the intent to go back?

[The Mean Lady 604]

i have little experience in this particular case but doesnt having a pending immigrant visa application totally negate the intent to go back?

no. not at all.

my husband came over for christmas.

then went back home.

[speedwell 224]

i have little experience in this particular case but doesnt having a pending immigrant visa application totally negate the intent to go back?

My husband had little trouble entering the US from the UK on the Visa Waiver Program (which allows stays of up to 90 days). He was honest about "visiting my wife while the paperwork processes" to the immigration official. The official did give him a bit of a hassle because my husband had never been abroad before (we met and married in the UK) but let him through OK in the end. Next time he wants to visit he will be able to show that he returned on time. He will also stay out of the US at least as long as he was in so he won't seem to be spending too much time here.

There is NO LAW preventing visits while the visa paperwork processes. My husband persuaded the official that we wanted to do things "the right way" and get a green card so we wouldn't have any trouble later. He also showed evidence of ties in the UK, and a letter from me saying I also understood he needed to return on time. His return ticket was booked for 85 days to make sure he didn't accidentally overstay.

Most entries to visit while paperwork is processing are successful, however, entry is at the discretion of the official and there are no guarantees.

[Ryan H 3,892]

Having a pending immigrant visa may actually help in this case.

I disagree with the above statement. While others are correct that there is no prohibition on visiting or attempting to visit while the immigration process is pending; having I am of the opinion that a pending immigrant visa application when applying for a non-immigrant visa undermines any ties to the home country.

Border crossings from Canada or coming over on the VWP is a different ballgame.