Jump to content
khanepal

Visitor Visa or I-30 (Petition for Alien Relative). Which first??

By khanepal in Bringing Family Members of US Citizens to America

 Share

8 posts in this topic

Recommended Posts

khanepal Rookie

khanepal   0

Posted
Filed: Citizen (apr) Country: Nepal
 Timeline
Posted
I am a green card holder now in USA and will be citizen in about 1 month. I recently got married in Nepal, she is in Nepal now. I will definitely apply I-30 (Petition for Alien Relative) for her as soon as I get Citizenship. Getting my wife in USA with I-30 visa takes long time (almost 1 year) so I am thinking of getting her with Tourist visa so I can see her before too long. So, my question is - shall we apply tourist visa after we filed I-30? Is it legitimate? Or, shall we apply tourist visa before we apply for I-30? Or, shall we apply for her visitor visa soon (before getting citizenship)?


Any help will be greatly appreciated as it will be so difficult to be separated for a year.


Thank you!!!

Link to comment
Share on other sites
Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Duplicate thread removed~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Link to comment
Share on other sites
pink_niru Community Regular

pink_niru   41

Posted
Filed: FB-4 Visa Country: India
 Timeline
Posted
I am a green card holder now in USA and will be citizen in about 1 month. I recently got married in Nepal, she is in Nepal now. I will definitely apply I-30 (Petition for Alien Relative) for her as soon as I get Citizenship. Getting my wife in USA with I-30 visa takes long time (almost 1 year) so I am thinking of getting her with Tourist visa so I can see her before too long. So, my question is - shall we apply tourist visa after we filed I-30? Is it legitimate? Or, shall we apply tourist visa before we apply for I-30? Or, shall we apply for her visitor visa soon (before getting citizenship)?
Any help will be greatly appreciated as it will be so difficult to be separated for a year.
Thank you!!!

As per me , As you are planning to go for Visitor visa (non immigrant) , the first rule for Non immigrant visa is that the appliying person should not have "intension" to migrate to US. As your wife already married with US Green Card holder , she will definately apply for Immigrant visa.

So your chances of getting Tourist visa is very Slim . Still if you wanna try , go for tourist visa first & then file i-30.

Dont give any false information at any time.

F4 - India - PD - 23rd March 2003


- Received COA 14th May 2015


- Received Visa and reached to US in Feb 2016

Link to comment
Share on other sites
khanepal Rookie

khanepal   0

Posted
Filed: Citizen (apr) Country: Nepal
 Timeline
  • Author
Posted

As per me , As you are planning to go for Visitor visa (non immigrant) , the first rule for Non immigrant visa is that the appliying person should not have "intension" to migrate to US. As your wife already married with US Green Card holder , she will definately apply for Immigrant visa.

So your chances of getting Tourist visa is very Slim . Still if you wanna try , go for tourist visa first & then file i-30.

Dont give any false information at any time.

Thank you for the reply pink_niru. If we wish to apply tourist visa after I filed I-30, will that be legitimate (legal) or that will create conflict?

Link to comment
Share on other sites
RhettVoe Rising Star

RhettVoe   281

Posted
Filed: Timeline
Posted

She can apply...but her chances are virtually nil...what stronger reasons could she have for returning compared to staying put with the oft used change of mind rationale? the COs are not as naive many would believe...they know that mind changes happen constantly, and that there are really no compelling reasons she has to go back to Nepal....again, thanks to the countless thousands who have claimed to have strong ties to their home country, but in reality, what is really stronger than remaining with one'spouse?

Link to comment
Share on other sites
pob260 Enthusiast

pob260   23

Posted
Filed: Citizen (pnd) Country: Nepal
 Timeline
Posted

If I were you ..I would have applied for I 130 like yesterday. Like the other posters have mentioned your chances of getting a tourist visa are slim. ( No harm in trying though)

With that said your only recourse is to file I 130. Once you become naturalized you can upgrade your petition from F2A to IR1/CR1 and you won't have to wait for the visa bulletin to be current.

Good Luck.

I-130 (California Service Center) / Category: F2A / Priority Date: Sep 6rd, 2013

I-130
2013-09-01 : I-130 Sent

  • 2013-09-03: I-130 Received
  • 2013-09-06: NOA-1
  • 2013-10-01: NOA2 approved (SMS and email from USCIS

2013-10-06: NOA2 (Hardcopy)

NVC
2013-10-15: NVC received the case

2013-10-21: Case Number , Invoice Number and BIN received

  • 2013-10-24: Choice of Agent (DS 261) filled. (AOS, IV fee not available yet)
  • 2013-10-25: Email to pay AOS fee
  • 2013-10-28: AOS payment available and paid
  • 2013-10-30: AOS Shows as "Paid"
  • 2013-11-01: Mailed i864 docs
  • 2013-11-01: IV fee available and paid
  • 2013-11-01: AOS Docs received at NVC ( Based on USPS tracking )
  • 2013-11-04 IV Supporting Docs mailed ( IV payment still shows as IN PROCESS...but moneys already withdrawn from account)
  • 2013-11-06 IV Supporting Docs received ( Based on USPS tracking )
  • 2013-11-07: IV Shows as "PAID"

2013-11-07: Received/Entered both AOS and IV in the system for review.

  • 2013-11-08: DS 260 completes and submitted.

2013-12-05: Received checklist for AOS

In Part 4. Information on the Sponsor, please correct the following...

[x] Item 12. As the petitioner sponsoring your spouse or child, you must indicate whether or not you are currently on active duty in the U.S. armed services.

In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Item 10. The current annual household income must equal the sum of items 5, 6.c., 7.c., 8.c., and 9.c.

  • 2013-12-05: Sent checklist response for AOS
  • 2013-12-07: Received "false checklist": IV Docs reviewed and accepted

2013-12-11: Entered checklist for AOS into system

2014-01-06: Case Complete per call to NVC.

2014-01-29: Interview Date assigned

2014-02-03: CEAC site updated to "In Transit"

2014-03-04: Interview Date

2014-03-04: VISA APPROVED. pickup on 2013-03-06

Thanks to all
GLTA

Link to comment
Share on other sites
Mockingjay Enthusiast

Mockingjay   10

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

You should've applied the I130 after u two get married. She will be under f2a category because i130 approval is faster which takes only 5months then when u get your citizenship, u can upgrade your petition to IR1.

Visa Category: F2A

Country: Philippines

Lockbox: Chicago Lockbox

USCIS Service Center: California Service Center

I-130 Sent: November 5, 2013

NOA 1: November 8, 2013

NOA 2: February 5, 2014

Date Received by NVC: February 15, 2014

Case Number and IIN: April 2, 2014

DS-261/AOS Invoice Email: February 19, 2015

Paid AOS Fee: February 21, 2015

Link to comment
Share on other sites
  • 3 months later...
Ppll909 Apprentice

Ppll909   3

Posted
Filed: Timeline
Posted (edited)
I am a green card holder now in USA and will be citizen in about 1 month. I recently got married in Nepal, she is in Nepal now. I will definitely apply I-30 (Petition for Alien Relative) for her as soon as I get Citizenship. Getting my wife in USA with I-30 visa takes long time (almost 1 year) so I am thinking of getting her with Tourist visa so I can see her before too long. So, my question is - shall we apply tourist visa after we filed I-30? Is it legitimate? Or, shall we apply tourist visa before we apply for I-30? Or, shall we apply for her visitor visa soon (before getting citizenship)?
Any help will be greatly appreciated as it will be so difficult to be separated for a year.
Thank you!!!

Wouldn't it be better if you'd visit her?? The tourist visa will be regarded as doubt because your petition will show that she has intent to migrate to the U.S.

Also, good news is that everyone does not take a year for the Spousal Visa in Nepal.

It will entirely depend on your case in accordance to:

:)

Organisation and Evidences

Background Check (If her parents have visited US before that will be a plus, or if her parent is a social reputable, government person)

Patience

Luck (Service Centers and their processing times)

Post decision activity in Nepalese Embassy will depend on how smart you and your wife is! i have never seen an educated person go through hardships in the embassy much except for Work related visas.

Edited by Ppll909

K1

I-129F form sent : 28th April 2014

NOA 1 : 6th May 2014

NOA 2 : 14th May 2014

NVC Recieved: 28th May 2014

NVC Sent: 29th May 2014

Consulate Recieved: 3rd June 2014

Packet 3 Recieved: 16th June 2014

Packet 3 Sent : 18th June 2014

Medical Exam: 18th June 2014

Packet 4: 19th June 2014

Interview: 1st July 2014

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...