Tourist visa - I-130

[Louie1988 58]

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.

[Ben&Zian 4,397]

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.

[KierenHby 897]

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. 

[geowrian 22,335]

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 January 10, 2017 by geowrian

[Louie1988 58]

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?

[p-ana 933]

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

[Louie1988 58]

No house, I have a car, I'm enrolled as full time student for my second undergrad course. I'm already a lawyer, but I don't work with it, I just help my parents with their law office, so I can't use it as a job.

[p-ana 933]

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

[Louie1988 58]

Thanks 

[hellspawner 5]

Ultimately its the decision of the consulate or embassy whether they would grant. It was touched on above but honestly you're going to find it almost impossible to show strong ties while you're showing intention to immigrate on an ir1.

[Louie1988 58]

I agree, that's why I didn't apply for a visa yet. I think I will have to wait until the end of the process.

[san diego 407]

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 January 11, 2017 by san diego
Add info

[san diego 407]

So, instead, since I live in San Diego, she came to Mexico and we traveled around for 2 months.

[Louie1988 58]

Yeah, probably it's our best option. Thanks.

[san diego 407]

OP, depending on your financial situation, B2 fee is not huge. Just make sure you don't jeopardize your chances by misrepresentation. State the way it is and see.