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Louie1988

Tourist visa - I-130

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Hey,

 

My wife filled an I-130 for me, she lives in USA, and I am living in Brazil. We don't see each other for almost a year, last time she came to Brazil, and now I want to visit her. I don't have an USA visa right now, do you think the I-130 will be a problem for me to get a tourist visa?

 

thanks.

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It should not be a problem as long as you can show them strong ties to your country and that you do not intend to use the tourist visa to immigrate.

 

All you can do is try.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

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How far are you in the CR1 process? 

B2 requires non-immigrant intent; not easy to obtain a new tourist visa alongside a pending immigrant petition. 


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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It's probably not an issue. I hate to say only "probably", but as others above noted, having an immigrant intent (even if you don't plan to stay on that visit) can be taken into consideration both by the CO at the embassy and CBP at POE. It's up to their discretion to make that determination if they believe the individual with return home. It goes without saying, but never lie to either of them as that is probably the worst thing you can do for yourself in the process.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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First, thanks for all the answers.

My priority date is Nov, 15th, 2016, so I think my process is just in the beginning.

The fact that I got married in USA under a J1 visa, and came back to my country before the expiration date of my visa can help me proving that I don't have bad faith, that I'm not trying to fraud immigration?

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Hard to tell.

What are your ties to Brazil? Do you own properties? Are you enrolled in classes at school? Do you have a stable job?

 

all you can do is try, the only thing you can lose is the money you'll pay for the tourist visa application fee, it won't hurt your current immigrant petition


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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With the traveling history, I'd say your chances are good. But the immigrant petition weighs a lot. No other way to find out than applying and going to the interview 

 

best of luck


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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Depends on your financial situation. If visa fee is not a big burden on your finances I would apply. Doesn't hurt as long as you are 100% honest and accurate on visa application. Denial does not hurt your immigration visa chances unless there is misrepresentation. Why not? I will give you an example: my wife had a very good job in Russia and property and was well traveled in EU and US. She applied for visa and mentioned that she has boyfriend in US that she is visiting. They denied her visa but did not have a problem with K1.

Edited by san diego
Add info

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