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Posted

Is it possible to get a short term tourist visa while the I-130 is being processed. Her stay would be 2 - 3 weeks tops. Is this frowned on by the USCIS/State Dept? We know that if she were to stay it would be illegal and kill all hopes of a green card. She would be out of the US on the set return date.

Trinie Lover

Posted

She is able to apply for a tourist visa, but obtaining one is very difficult as you need to be able to show you do not have immigrant intent (which is somewhat at odds to the pending I-130).

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Posted

No she can't. it will not enter the country of immigration officers as it has the potential to stay with the whole in usa. I speak from experience

Maybe for you it didn't work out, and that is often the case in non VWP countries. However it's not always the case.

I visited my husband 3 times. Others have visited every weekend. Even a lady here was granted a visitor visa when they were about to deny her one. I forget where she was from. :(

So it's possible, but it's very hard to get a visitor visa when you're married to a US citizen and have started the immigration process. If the spouse is from a VWP country or Canada it's generally not a problem but with other countries it's very hard. You can try, but IMHO the money is better spent flying the USC to visit the beneficiary.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

  • 5 months later...
Posted

She can apply but will have problems in the long run. Its best to sit it out and wait. you won't want her to be blocked in the port of entry and sent back now do you?

USCIS

2011/09/06 Mailed I-130 - 2011/09/16 Received NOA1 in mail - 2011/09/08 Priority date on letter - 2012/03/08 RFE Mailed
2012/04/18 USCIS received RFE responce - 2012/05/21 NOA2 APPROVED

NVC
2012/06/21 Case number and IV number received - 2102/07/06 DS3032 sent via postal mail - 2012/07/06 AOS 1-864 Bill $88 paid online
2012/07/11 AOS 1-864 bill show PAID online - 2012/07/13 AOS packet mail out - 2012/07/21 DS3032 accepted - 2012/07/21 Receive IV Bill DS-230 - 2012/07/23 Pay IV Bill DS-230 - 2012/07/24 IV Bill DS-230 show PAID online - 2012/07/24 IV packet mail out - 2012/08/03 Case  completed at NVC - 2012/09/28 Interview date. Received by email(2012/08/03)

MEDICAL/ US EMBASSY/ POE
2012/09/14 Medical Appointment - 2012/09/26 Interview / Need Co Sponsor - 2012/12/06 Acquired Co Sponsor and all relevant documents
2012/12/11 2nd Interview/ Required to submit Co.S documents along with my passport - 2012/12/11 Interview outcome APPROVED
2012/12/13 Visa in hand - 2013/01/16 POE..Miami International airport

2013/01/28 Received SS card in mail
2013/02/07 Received 2 year Green card in mail

File ROC 2014/11/18 . Appointment for fingerprints 2015/02/17, Decision 2015/05/13. 10 year Green Card in hand 2015/05/28

N-400

2018/1/27 Mail in N-400 - Chicago Lock Box - 2018/2/1 Certified mail arrived Lock Box - 2018/2/1 Priority Date - 2018/2/14 Received Receipt in mail - 2018/2/14 Received NOA to set up my online account - 2018/2/9 Online status stated appointment scheduled for bio-metrics. Bio-metrics Appointment 2018/3/1.

Posted

She can apply but will have problems in the long run. Its best to sit it out and wait. you won't want her to be blocked in the port of entry and sent back now do you?

What problems would there be in the long run?

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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