Try for tourist visa while K-3 (I130) is pending?

[greeneclipse 0]

I am a US citizen and I recently married an Indian national in India ~2months ago. I have filed an I130 and received the I-797 NOA just a few days ago. I want to bring my wife here quickly as she has no family there.

I am thinking of starting the process for a K-3...

My question is....Can my wife apply for a tourist visa while a K-3 case is processing? or will this cause problems?

Also, can anyone tell me how long it would take at this time to obtain a visa via the K-3 process?

thanks for your help...

[The_dip_sticks 0]

That is a no no because the officers will see imigrant intent when you apply for the K3. I think the chances of getting a tourist visa is would be very slim.

[greeneclipse 0]

That is a no no because the officers will see imigrant intent when you apply for the K3. I think the chances of getting a tourist visa is would be very slim.

what if just stick with the I-130 and avoid the K-3 route? will a tourist visa cause any problems then?

[ullumanali 0]

I am a US citizen and I recently married an Indian national in India ~2months ago. I have filed an I130 and received the I-797 NOA just a few days ago. I want to bring my wife here quickly as she has no family there.

I am thinking of starting the process for a K-3...

My question is....Can my wife apply for a tourist visa while a K-3 case is processing? or will this cause problems?

Also, can anyone tell me how long it would take at this time to obtain a visa via the K-3 process?

thanks for your help...

I am in a similar situation. Applied for K3, and my wife has her tourist visa appointment on Mar 20th.... for more details see here -

http://www.visajourney.com/forums/index.php?showtopic=57309

[Nanusia & Lukaszek 0]

Honestly, I think even applying for the tourist visa and paying the fee is a total waste of time. India has a very high rate of denials for tourist visa's. Not only that, but when you tell them you are married to a USC, you are clearly showing non-tourist intent, therefore committing fraud. If you tell them the truth about the I130 or K3 route, they will deny you anyway.

If you are in such a rush, why havent you filed anything for 2 months since you married???

[ullumanali 0]

Honestly, I think even applying for the tourist visa and paying the fee is a total waste of time. India has a very high rate of denials for tourist visa's. Not only that, but when you tell them you are married to a USC, you are clearly showing non-tourist intent, therefore committing fraud. If you tell them the truth about the I130 or K3 route, they will deny you anyway.

I agree with Nanusia & Lukaszek... in most cases it's probably a waste of time and money. In our case, my wife had a pending visitor visa interview from before we met, so since she had already paid the fees, we're just taking a chance.

However, I disagree that it is committing fraud, unless you lie in the interview. There have been others who successfully got the tourist visa after clearly stating that they have filed for K3, showing the officer the documentation and case number for the K3 and also proving that they intend to return to India for the interview. At that point it is up to the interviewing officer what he/she decides, very subjective decision.

Another point to note, is that even after getting the visitor visa in hand, you are taking a chance at the Point of Entry into US where the officer at the airport can deny her entry inspite of having a visa in hand... which means she has to travel back to India...

So consider everything, see if you can make a convincing case of why she would 'NEED' to return to India, and consider all risks before trying a tourist visa....

Golden Rule - Full disclosure at interviews - always be honest...

Best,

/UM

[greeneclipse 0]

we were married on Jan. 30th, and I filed near the end of feb. after getting together all th necessary information....

We are just trying to find a way to see each other again as soon as possible.... I'm sure most of you are in the same position...

if she does in fact try for the visitors (B2), will the I-130 case be halted/delayed due to the b2 attempt, or would it be considered a separate case altogether?

thanks again for the help

[TimsDaisy 0]

It isn't illegal to try for the tourist visa. You'll just face a very high burden of proof that the visa should be granted while the other is pending.

I asked the same question with regard to the K1 visa process.

I think the best answer is: it isn't going to harm your K3 or other process if you try for the tourist visa. It will be an expense that will likely not result in a tourist visa being granted. So try for it if you have the funds and the time and if it makes you feel like you're being more proactive. But don't get your hopes up.

The B-series visas and K-series visas are completely different processes. One requires you prove you'll leave, the other presumes your intent to stay. Whomever processes the B visa will know about the K visa and it's obviously in your best interest to just lay out the entire case ("i know she has to go back for her interview and to comply with the law and we just want to be together, so we're applying for this, and here's all the evidence we have to show that she will only be in the US for x number of days (where x < 90)").

It is absolutely not fraud and I think the presumption or implication that it is fraud is exactly why you probably won't get the visa. It makes no sense to deny someone the tourist visa if they'll be emigrating here anyway. But lines are drawn and requirements are requirements. And she'd still have to go home for the interview and she'd still be complying with laws. But people here are quick to scream "you're cutting in line!" whenever someone expresses a desire to or a frustration with their inability to use legal methods to be in the same damn place at the same time.

The risks and probabilities have been discussed already. But the worst they can do is say no (unless they caught you in lies, which of course, they won't because you haven't expressed an intent to lie and you won't anyway).

(BTW: I get very steamed about this kind of discussion because my fiance, despite being from a VWP country, needs a visa to come and i am PISSED AS HELL that he would stand such a small chance of getting one for no other reason than, well, for no reason. So I empathize completely. The POE concerns are real and should be considered seriously, however.)

Edited March 13, 2007 by TimsDaisy

[greeneclipse 0]

It isn't illegal to try for the tourist visa. You'll just face a very high burden of proof that the visa should be granted while the other is pending.

I asked the same question with regard to the K1 visa process.

I think the best answer is: it isn't going to harm your K3 or other process if you try for the tourist visa. It will be an expense that will likely not result in a tourist visa being granted. So try for it if you have the funds and the time and if it makes you feel like you're being more proactive. But don't get your hopes up.

The B-series visas and K-series visas are completely different processes. One requires you prove you'll leave, the other presumes your intent to stay. Whomever processes the B visa will know about the K visa and it's obviously in your best interest to just lay out the entire case ("i know she has to go back for her interview and to comply with the law and we just want to be together, so we're applying for this, and here's all the evidence we have to show that she will only be in the US for x number of days (where x < 90)").

It is absolutely not fraud and I think the presumption or implication that it is fraud is exactly why you probably won't get the visa. It makes no sense to deny someone the tourist visa if they'll be emigrating here anyway. But lines are drawn and requirements are requirements. And she'd still have to go home for the interview and she'd still be complying with laws. But people here are quick to scream "you're cutting in line!" whenever someone expresses a desire to or a frustration with their inability to use legal methods to be in the same damn place at the same time.

The risks and probabilities have been discussed already. But the worst they can do is say no (unless they caught you in lies, which of course, they won't because you haven't expressed an intent to lie and you won't anyway).

(BTW: I get very steamed about this kind of discussion because my fiance, despite being from a VWP country, needs a visa to come and i am PISSED AS HELL that he would stand such a small chance of getting one for no other reason than, well, for no reason. So I empathize completely. The POE concerns are real and should be considered seriously, however.)

thanks....so if I were to tell her to go ahead with the Bvisa, when would she have to " lay out the whole case" ? Should she send a letter in along with the applicatons/forms, or does she save it for an interview?

thanks again or taking the time to explain the process to me

[TimsDaisy 0]

I'm not familiar enough with the B process to know if a letter at this point is worth it. It might be. But from what I recall from my fiance's last attempt (pre-engagement), I think you get an interview anyway, so it's at the interview that you need evidence and to have your case ready to present.

Speaking of which: what it comes down to is evidence, which is really hard on intangible things like this, I realize. But if your fiancee owns a house or has a lease or can bring evidence of things she would absolutely need to return to take care of (things that would prevent her from ditching her K interview), take that with you. Bank statements to show assets and the ability to support herself (we're scared of foreigners coming and taking our resources! eek! eek!). And most of all - all the package information from your K3 application. Show an understanding and respect for the law. Does your fiancee have a job? Can her employer write a letter saying she has leave for x number of days and is expected back to work on x date? Perhaps evidence of plans her family has for certain pre-marriage rituals or services to be performed in India?

Just lay it all out with as much documentation and honesty as possible - keeping in mind that the person she meets with might still just see that there's a K application in the works, close the file, and say thanks for coming, but no visa. You aren't asking for any special favors, you're just trying to use the laws and regulations as they are written and intended to be used.

Again though - there's no guarantees and Indian applicants may be more scrutinized anyway from the start. And there is still the concern about getting to the border and being denied entry - which is always a possibility, even if it is a remote one. She should, if she gets the visa, travel with all the same evidence on her person (not in her checked luggage). And for god's sake, DON'T FLY INTO SAN FRANCISCO.

[MPGGPM 0]

Not only that, but when you tell them you are married to a USC, you are clearly showing non-tourist intent, therefore committing fraud. If you tell them the truth about the I130 or K3 route, they will deny you anyway.

That is totally incorrect. My wife and I were able to get a tourist visa for her, while our I-130 was in progress. The consulate was WELL aware that we were married (if fact, they even saw us both together in person ), and yet issued one to us anyhow. It is NOT fraud , at all. That is just plain wrong.

Also, saying that someone who's just visiting their spouse is displaying "non-tourist intent", is inaccurate as well. If that were true, then EVERYONE who visits their spouse, either on the "visa waiver" program or on a tourist visa would be accused of that. However, most people that do truly just "visit" their spouse in the USA during this process, are doing just that. Just visiting......and then they go back.

Finally, I personally found it MORE than worth my while to try and get a tourist visa for my wife. For $100 , and a chance to see my wife in between this loooooooooooooooooooooong immigration process, as opposed to almost never seeing her, it was a very good decision to plop down the $100 for that opportunity . I had so much to gain(being able to see my wife).........and only $100 to lose. I am glad I took the risk and tried.

And true, having an I-130 or k-3 in progress does make it tougher to get a tourist visa, but, you can't just assume the answer will be no. Everyone's case is different, and , if you can do the right things, make a good argument for your case and spouse..............it is possible to get one. My wife and I are living proof of that.

[TimsDaisy 0]

MPGGPM - thanks for that post! That is the best thing I've read all day. Even if we try and can't get one, I feel better knowing that there are some reasonable officials out there who get it.

Was your wife working at the time? What kind of evidence did you present? Give us all the details.

[MPGGPM 0]

Was your wife working at the time?

Yes, she was working.

What kind of evidence did you present?

Basic things, not much, really. It was more, I believe , the argument I presented on behalf of my wife, that was the most effective thing. Being able to be there with her in person, was also a critical factor for us. I would think the chances of her getting it, without me being there....and knowing what I know now about the system, and how the consulates work.........it really would have been next to impossible.

But each country is different, and there was a thread not long ago about a couple who were able to get a tourist visa for the spouse, and both spouses were NOT present at the tourist visa interview. (I believe it was the husband.....who was the US citizen, and he did not even go there in person). I do not recall what country it was from.

It was just because of our case, and perhaps like India, the fact that getting a tourist visa from Turkey is more difficult than from other countries, which made it so important that I be there. It was crucial in our case.

Give us all the details.

That's hard to do on a "public" forum . Hopefully you will understand. My wife is not done with the process, yet, and so, caution, for her sake, is the most important factor, above all.

All I can tell you.....is plan ahead. But I do agree with you, in that you should try, because if you don't, you'll always be wondering about the "what if's". If it means that much to you, by all means, give it a shot. It worked for us......

[greeneclipse 0]

what's a "visa waiver" program? Is there really something like this?

[MPGGPM 0]

what's a "visa waiver" program? Is there really something like this?

Read this.

http://travel.state.gov/visa/temp/without/without_1990.html