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Filed: Country: Brazil
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Posted

Hello visa adventurers,

We are currently about to send out our I-130 in applying for a IR-1 visa and my husband asks me a question that I haven't been able to answer... We are already married (two years) and live here in Brazil where there is no Direct Consular Filing... We are looking to move back to the states (hubby has never been there). He said to me, "How do I know I'm going to like it? Why can't I get a tourist visa to visit, then if I really do like the US, then apply for the spousal visa when I'm already there!?" ... I told him I didn't think this was allowed... but I didn't have a concrete idea if it were permitted or not and why... Can someone help me out here? Thanks, Heidi

Filed: Citizen (pnd) Country: Pakistan
Timeline
Posted (edited)

Of course he can apply for a tourist visa, the real question is what is the probability of it being approved. Given that he is married to a USC, and also that you are thinking of moving here, you would have to show VERY strong ties to Brazil indicating your intent to return. Every situation is different and it is possible that his tourist visa would be approved, but I would say that it is unlikely. If it is something that he is interested in, and you are not bothered by delaying your filing for an IR1 for a couple months, then I would say go for it (the reason I say delaying the IR1 filing, is I believe it would be much more difficult to get a tourist visa with a pending IR1 as it clearly shows immigrant intent). A denial of a tourist visa will not negatively impact your IR1 application. Good luck with whatever you decide. Also, on a side note, it is illegal to come to the us on a tourist visa with immigrant intent. Other people are better experts on this than I am, but I thought that if you apply for an IR1 he would need to return to Brazil anyway for the interview and medical appointment.

Edited by Kastrs
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Filed: Citizen (apr) Country: Nigeria
Timeline
Posted
  On 3/7/2013 at 3:05 PM, Kastrs said:

Of course he can apply for a tourist visa, the real question is what is the probability of it being approved. Given that he is married to a USC, and also that you are thinking of moving here, you would have to show VERY strong ties to Brazil indicating your intent to return. Every situation is different and it is possible that his tourist visa would be approved, but I would say that it is unlikely. If it is something that he is interested in, and you are not bothered by delaying your filing for an IR1 for a couple months, then I would say go for it (the reason I say delaying the IR1 filing, is I believe it would be much more difficult to get a tourist visa with a pending IR1 as it clearly shows immigrant intent). A denial of a tourist visa will not negatively impact your IR1 application. Good luck with whatever you decide. Also, on a side note, it is illegal to come to the us on a tourist visa with immigrant intent. Other people are better experts on this than I am, but I thought that if you apply for an IR1 he would need to return to Brazil anyway for the interview and medical appointment.

:thumbs:

Toni

 

07/17/2008.......WEDDING DAY!!!!
USCIS STAGE (for me):
06/09/2010.......SENT I-130 TO USCIS
06/15/2010.......NOA1 & RECEIPT DATE (CSC)
11/03/2010.......NOA2 Email received-APPROVED!!-141 days

NVC STAGE (for him):
11/08/2010.......NVC Case # Assigned
11/19/2010.......DS-3032 received via email
07/02/2011.......IV (DS-230) Package mailed//NVC Received-7/5/2011
07/14/2011........CASE COMPLETE!!!
07/15/2011........SIF!!!

EMBASSY STAGE (for us):
8/23/2011.........Medical-Part 1
8/24/2011.........Medical-Part 2(Completed!)
9/12/2011.........INTERVIEW @ 10:00AM - APPROVED!! (IR-1 Visa)

POE: DECEMBER 3rd, Washington, D.C. (IAD)!!!

1/10/2012........Green Card in Hand!
02/07/2012........Rec'd. Social Security Card

Naturalization Journey:

09-27-2016................Mailed N-400

11-03-2016................Biometrics

Notified 2/13/2017........2-8-2017.....Case Is In Line For An Interview

3/23/2017 @ 9AM......Interview

4/13/2017...................OATH CEREMONY!!

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Yeah, I'd have to agree with what kastrs said. My husband couldn't get a tourist visa when we were just dating (in retrospect, it was dumb to even try), so the chances of someone who's already married to a USC getting a tourist visa are slim. You can go ahead and try, but if it's anything like applying for a visa in Ecuador, it's very expensive and time consuming. You might want to just use that time and money towards your I-130, which you are MUCH more likely to get without problems. It takes a bit longer, but that's just another reason to start now. good.gif

Lots of luck in whatever you decide to do!

USC who lived in Manabí, Ecuador with hubby from 2009 - 2013. Hubby became a naturalized American citizen in August 2016. Currently living together in northern Virginia.

For full timeline, see "about me".

Latest Dates

N-400 Filing - 03/14/2016

NOA - 03/15/2016

Biometrics - 04/13/2016

In Line - 05/11/2016

Interview Notice - 06/03/2016

Interview Date - 07/11/2016

Oath - 08/29/2016

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
  On 3/7/2013 at 2:56 PM, HeidiFer said:

Hello visa adventurers,

We are currently about to send out our I-130 in applying for a IR-1 visa and my husband asks me a question that I haven't been able to answer... We are already married (two years) and live here in Brazil where there is no Direct Consular Filing... We are looking to move back to the states (hubby has never been there). He said to me, "How do I know I'm going to like it? Why can't I get a tourist visa to visit, then if I really do like the US, then apply for the spousal visa when I'm already there!?" ... I told him I didn't think this was allowed... but I didn't have a concrete idea if it were permitted or not and why... Can someone help me out here? Thanks, Heidi

This is not allowed.

oldlady.gif

Filed: Other Country: Brazil
Timeline
Posted

You cannot apply for a "spousal visa" inside USA in case that you decide to stay in the USA, you may be file for AOS, but keep in mind if you decide to do that you can have some problems regarding "misrepresentation", once you will declare in your entrance the purpose of your visit is tourism and that you will leave the Country and filing AOS after your entrance you can get in trouble with immigration.

Many people file Adjustment of Status(AOS) inside Usa because they got marriage in the USA(K1 visa or B2 visa), k1 and K3 visa holders are allowed to file AOS, B2 holders that decided to get married in the "spur of the moment" can adjust their status in the USA because when they entered in the USA they didn't intend to get married and file for AOS, in your case is different you are married already and then if you decide to live in the USA, you must leave USA and file IR1 visa(if married over 2 years)or CR1(married less than 1 year) the waiting time is 1 year for adjudication of the petition.Good luck.

 
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