Getting a tourist visa to visit the States - Before or after filing i-130 package?

[lukehansen83 0]

Hello Everyone, I've got a quick question that someone might have an answer to: my wife (Ecuadorian) and I (US Citizen) just got married last month, and we're starting to gather all of the required paperwork to put together our i-130 to get the ball rolling on living together in the States. I'm currently living and working (well, "volunteering," technically) down here in Ecuador, but I'm getting ready to head back to the States to get a "real" job and get things ready back home. She applied once for a tourist visa at the Embassy in Quito (they are complete dicks there...supposedly much cooler in Guayaquil) and was turned down when she told the truth (that I was heading back to the States when my last contract was up here in Ecuador)...oops? Anyways, fast forward a year or two, and we've gotten hitched, but we're not looking forward to being apart for upwards of 2 years whilst waiting for paperwork, so we'd like to to try again for a tourist visa so that at least she can visit me during the wait for her CR-1.

The Question: should I file the i-130 packet, THEN have her apply for a tourist visa again, or vice-versa - have her go to Guayaquil and apply (as a woman married to an American guy) for a tourist visa BEFORE I send in the i-130 packet?

Has anyone dealt with this situation? What have you done?

Thanks in advance, guys!

[aleful 1,905]

hi

in the first place, the petition only takes a year, not 2, but she will face an uphill battle because she is already married to a USC,

what proof of strong ties to her country does she have to convince the immigration officer that she doesn't have immigration intent?

the only thing she can do is try but she must be truthful

[Ryan H 3,797]

***Moved from IR-1/CR-1 Progress Reports to Tourist Visas forum.***

**Moderator hat off**

It won't matter if she waits until after you file the I-130 or not nor will it matter if she goes to Guayaquil or not. Having a US Citizen spouse (which she would be required to disclose regardless of filing status) essentially supersedes any ties to Ecuador she may have which makes the chances of her being issued a tourist visa slim to none.

Aside to this, there are plenty of other members here who have experience with Consulate in Guayaquil when it comes to immigration and they have consistently said that this is one of the tougher places to deal with.

[Raccoon_CA 5]

There seems to be a conflict of intent here. Tourist visas suggest an nonimmigrant intent (the foreign national needs to show sufficient ties to their home country to show that they do not intend to give up on their country of citizenship), whereas I-130 petitions are considered to have an immigrant intent (e.g. a U.S. citizen petitions a foreign national spouse towards becoming a U.S. resident).

If you file an I-130 for your wife now, telling the U.S. government that she intends to come to the U.S. and stay there with you, she most likely will be denied any subsequent tourist visas she applies for, because the adjudicating officer will see the pending I-130 and therefore think that she fraudulently intends to gain entry to the U.S. as a visitor with the intent to in fact remain in the U.S.

She can apply for a B1/B2 visa now, although she already raised a red flag the last time when she was denied her B2. If there is a new pending I-130 on file, it will only reinforce the red flag.

[lukehansen83 0]

Hey guys, thanks for the input. So to summarize, some of you think there would be no difference at all (although I've heard firsthand experiences of people who've dealt with both Embassys ...in Quito and in Guayaquil, and the stories corroborate each other...there's just a different attitude on the coast as opposed to the mountains), and some of you think that filing the I-130 first would make it even more impossible? I understand the apparent conflict here...the tourist visa indicates that she just wants to visit the States, and the CR-1 as the spouse of a USC indicates that she wants to permanently relocate and cut ties with Ecuador, but surely the kind folks at the US Embassy/Consulate in Guayaquil would understand that she just wants to visit her husband whilst waiting for paperwork, and that 2 years (being realistic) is a long time to be separated?

[Ryan H 3,797]

but surely the kind folks at the US Embassy/Consulate in Guayaquil would understand that she just wants to visit her husband whilst waiting for paperwork, and that 2 years (being realistic) is a long time to be separated?

CO's evaluating a tourist visa application are only interested in what her ties to Ecuador are and if they are strong enough to overcome the presumption of immigrant intent. Nothing else is relevant.

[aleful 1,905]

Hey guys, thanks for the input. So to summarize, some of you think there would be no difference at all (although I've heard firsthand experiences of people who've dealt with both Embassys ...in Quito and in Guayaquil, and the stories corroborate each other...there's just a different attitude on the coast as opposed to the mountains), and some of you think that filing the I-130 first would make it even more impossible? I understand the apparent conflict here...the tourist visa indicates that she just wants to visit the States, and the CR-1 as the spouse of a USC indicates that she wants to permanently relocate and cut ties with Ecuador, but surely the kind folks at the US Embassy/Consulate in Guayaquil would understand that she just wants to visit her husband whilst waiting for paperwork, and that 2 years (being realistic) is a long time to be separated?

hi

you are still confused, the petition of a USC spouse does not last 2 years, it may be a year or so, o even less, there are no kind folks, they are immigration officers who have seen hundreds of people misuse the tourist visa

all she can do is apply and take as much proof as she can of strong ties, there are no guarantees

[az2014 381]

Why would they care how long you are away from your wife for? That's your problem not theirs. Their only concern is if they give her a tourist visa, she returns and does not stay.

Her chances are slim, but there is nothing to lose in trying apart from a few $$, so let her apply and she might get lucky.

If not then just meet up in a 3rd country such as Mexico.

Let us know the result.

Edited December 20, 2015 by az2014

[lukehansen83 0]

Thanks for the info. I always err on the side of caution when talking about times, especially when discussing these things with my wife...which is why I keep saying 2 years. A good friend of mine recently married his longtime Ecuadorian girlfriend and began the same process I'm about to start on and he's told me that it varies a bit depending on where you live in the states (which "lockbox" you wind up being processed through?), but that it can take a year and a half easy from start to finish. I certainly that you're right, aleful!!! The sooner the better!

As far as proving strong ties, that is where it pays to be rich in a country where not many people are. "Proving ties," in my opinion just means "do you have a house/car/loads of money in your Ecuadorian bank account." The first time she went and tried to get a tourist visa (to come and meet my family, now her in-laws) she alerted the immigration officer at the Quito embassy that she would be, if granted the visa, leaving her 9 year old daughter in Ecuador for the duration of her trip to the States, and that wasn't enough. Now that seems pretty strong to me...leaving your kid as collateral.

But on the other hand, I know that tons and tons and tons and tons of people commit immigration fraud ALL OF THE TIME down here, so I also sympathize a bit with how suspicious the officers are. But that doesn't give them license to be rude dicks, which they definitely were to my wife. Oh well. I guess that all we can do is try again. Dot the i's and cross the t's.

[Boiler 43,843]

Must admit is confused me but many people leave children behind.

What are her ties, what reason does she have to return?

[NikLR 13,220]

My daughter lives in Canada with her father because she wanted to be there, so no, a child in another country isn't necessarily a strong tie.

[town&country 9]

having children in your home country is a reason you would not get a tourist visa for sure. They think you are coming to the U.S. not to visit but to live and work illegally and make money to send home to support the children. Not a binding tie at all. Go figure!! Nothing makes human sense in this process.

Anyway, It doesn't matter, you are trying to get around the system here and I don't blame you but you probably won't get through with this scheme. Applying for a tourist visa is a confusing thing to throw at your process. Two opposing intents. Either intending to immigrate or not. Which is it? You are trying to be with your wife we get it, but we are all waiting patiently or not so patiently to be reunited with our loved one. It is a stupid idea just have some patience and you will get through in less than 2 years, most likely, God willing.

[Transborderwife 4,666]

My daughter lives in Canada with her father because she wanted to be there, so no, a child in another country isn't necessarily a strong tie.

Same with my three boys

[HFM181818 748]

Offering to leave a child behind as some sort of 'guarantee' won't work for many reasons, not the least of which is that when the CR1 is completed, you will petition for the child (step child)...and there goes that 'tie.' Another reason is that people leave kids behind all the time...and beaucoup thousands of foreign spouses have forgotten to return while waiting for the processing...she would have to have overwhelming reasons to return in order to have a ghost of a chance to get a B2 visa...promises from you about her eventual return are worthless as would be any sort of letter from some congressman or senator...

If you were to make some sort of quick ledger of reasons for her to stay versus return, the imbalance would be immediately apparent:

Strong tie to US - you Strong tie to Ecuador - fresh air

& better living conditions more fresh air

a chance for a job hmmmm? seem to be running out of reasons to return

As for any CO issuing a visa out of sympathy, good luck with that! Thank the abusers from the past...

And as for the 'rude dicks' comment, it's amazing how others believe that some CO was rude because...he or she denied the visa application of the foreign GF...for the right reason...not believing she would return. No doubt the '#######' did not look at any papers nor your oh-so-valuable invitation letter, but documents cannot prove intent.

The fact that the '#######' didn't believe her does not make that person rude....

[lukehansen83 0]

Once again, thanks for all of the advice. I see where you're all coming from, and I tend to agree. It is a clear conflict of interest with the two types of visa, but we're just looking for a way to see each other every few months or so during the paperwork process. I stand behind my "#######" comments though. There are a number of COs who work in Quito, and a few of them are friendly, outgoing, and occasionally smile and ask how you're doing, then there are the others who are really, genuinely unfriendly - read: #######. It's not just "boo-hoo, the bad man said no to my wife - he's a meanie..." It's that he was genuinely rude. The ironic thing, in my opinion, is that my wife was completely truthful in her answers to all of his questions, and she was denied, and we personally know people here in Ecuador who've lied and gotten visas. I think that's where the bitterness comes from - people who tell the truth are supposed to be rewarded, right? lol.

So then, completely hopeless situation? Apply for the tourist visa for shits and giggles and cross our fingers? Just wait for the CR-1 to come through? That's what the consensus appears to be.