Immigrant Visa or Tourist Visa?

[Waitinggent 2]

My Ukrainian wife's daughter is 25 and we would like to bring her over to the USA to see if she would like to live here. She is interested in living here but has no idea how she would like it here. She has never visited. Are we best to apply for an immigrant visa for a family member, or a tourist visa? My wife would at least like her to be able to visit us here if she can't live here. Which type of visa would be easier to get approved - tourist or immigrant? If she is rejected for an immigrant visa, will it then be impossible to get her a tourist visa to be able to visit? And how about vice versa - a denial of a tourist visa would make it very difficult for her to be brought over as a family member? All responses will be appreciated.

Thanks,

Tom

[JayJayH 546]

Is your Ukrainian wife a US citizen? If not, her daughter will be 2b category and it will be a few years before a visa number becomes available to her. Once your wife becomes a USC, her daughter will be 1st family preference (makes the wait shorter).

If granted a tourist visa, this will be a good time for her to familiarize herself with the US. However, it may be difficult for her to get a tourist visa to the US, unless she can show strong ties to Ukraine and demostrate that she has every intention of returning to Ukraine after her visit, pursuant to INA 214(b).

If she is denied a tourist visa under INA 214(b), it will have absolutely no bearing or effect on a future immigrant visa.

The only way a denied tourist visa application could cause an immigrant visa denial is if she lied or used fraudulent documents to obtain the tourist visa.

Edited November 30, 2013 by Yang-Ja

[Darnell 8,478]

we would like to bring her over to the USA to see if she would like to live here

well, that's not an immigrant visa, then.

[JayJayH 546]

To further explain INA 214(b)..

This section of the INA prohibits a consular officer from issuing a non-immigrant visa to anyone they suspect might be an intending immigrant. In fact, consular officers are required by law to presume that anyone applying for a non-immigrant visa is in fact an intending immigrant. It is the applicant's burden of proof to satisfy the consular officer that the applicant does not intend to immigrate to the US. Needless to say - That can be difficult if the applicant already has an immigrant petition in the works.

On a brighter note, a denial under 214(b) for perceived immigrant intent has no bearing on an immigrant visa. In other words - you cannot be denied an immigrant visa because the consular officer believs you intend to immigrate.

[JayJayH 546]

we would like to bring her over to the USA to see if she would like to live here

well, that's not an immigrant visa, then.

Very true.

However, if she is denied a tourist visa, and they decide to file for an immigrant visa with the intention of her coming to the US to live, there is no requirement that she stays in the US indefinitely. If she moves, and find out she wants to go back to Ukraine, she can always abandon her green card at the embassy in Kiev. No harm done. That would actually make a tourist visa more likely in the future as well.

[Waitinggent 2]

Thanks much for responding, Yang-Ja. Yes, my wife is a U.S. citizen, so she would be petitioning to bring over her daughter. Any idea what the wait time is to get approval in this situation? Are these requests generally accepted and it is simply a matter of how long it will take, or are they often rejected for some reason? As far as a tourist visa, my stepdaughter is actually currently living in Russia and is employed, but that is not much of a tie to insure her leaving the USA. I don't imagine I can offer any guarantee or bond to insure her departure. But it sounds like there is no harm in trying for a tourist visa except for the money and time I will probably be throwing away.

Is your Ukrainian wife a US citizen? If not, her daughter will be 2b category and it will be a few years before a visa number becomes available to her. Once your wife becomes a USC, her daughter will be 1st family preference (makes the wait shorter).

If granted a tourist visa, this will be a good time for her to familiarize herself with the US. However, it may be difficult for her to get a tourist visa to the US, unless she can show strong ties to Ukraine and demostrate that she has every intention of returning to Ukraine after her visit, pursuant to INA 214(b).

If she is denied a tourist visa under INA 214(b), it will have absolutely no bearing or effect on a future immigrant visa.

The only way a denied tourist visa application could cause an immigrant visa denial is if she lied or used fraudulent documents to obtain the tourist visa.

[Waitinggent 2]

If I understand correctly, you are suggesting that applying for both types of visas at the same time would be grounds for denial of the tourist visa as she is showing an intent to immigrate, but that the tourist visa denial will not harm her chances for getting the immigrant visa. So basically we should choose one or the other type of visa and just go for that. Once we learn about how long an immigrant visa might take, that should help us decide which direction to head first. I assume we will know fairly quickly if her tourist visa is denied - is that correct? Thanks again, Yang-Ja.

To further explain INA 214(b)..

This section of the INA prohibits a consular officer from issuing a non-immigrant visa to anyone they suspect might be an intending immigrant. In fact, consular officers are required by law to presume that anyone applying for a non-immigrant visa is in fact an intending immigrant. It is the applicant's burden of proof to satisfy the consular officer that the applicant does not intend to immigrate to the US. Needless to say - That can be difficult if the applicant already has an immigrant petition in the works.

On a brighter note, a denial under 214(b) for perceived immigrant intent has no bearing on an immigrant visa. In other words - you cannot be denied an immigrant visa because the consular officer believs you intend to immigrate.

[milimelo 4,236]

http://travel.state.gov/visa/bulletin/bulletin_1360.html

Family based 1st preference category: Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

F1 15NOV06 - so around 7 yrs wait.