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humamandrifa

Tourist Visa while I-130 for Spousal petition is pending?

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Hi,

 

I was wondering if anyone has ever did a tourist visa while an I-130 for spousal is pending on USCIS?

I heard it contradicts intending to stay at the US due to tourist is temporary and I-130 is for permanent stay.

Does this effect in anyway if you attempt to apply a tourist visa to travel to the US while the I-130 is pending or cause any sort of delay? I was gona do it but got confused because I feel like Im waiting so long for this from the USCIS's decision on my I-130 case from nebraska service center.

Any experience or info is greatly appreciated..thanks in advance!!

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10 minutes ago, Auds said:

Please use search function on here.  Loads of us have done it.  I am currently at airport leaving back to Dubai from the US after yet another short stay.

 

you will need to have strong ties to home country  though.

If you get denied or approved does it affect an I-130 pending case? Thanks!

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18 minutes ago, humamandrifa said:

If you get denied or approved does it affect an I-130 pending case? Thanks!

Depends on what you are denied for, but generally no. If you're denied due to fraud/misrepresentation, drugs, crimes, or any other ban-eligible action, then that will affect the CR-1/IR-1 visa as well. Or to be more precise, those actions also make you ineligible for any other visa. If you're denied due to something like suspected immigrant or work intent (most likely the case), then it shouldn't matter.

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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23 hours ago, geowrian said:

Depends on what you are denied for, but generally no. If you're denied due to fraud/misrepresentation, drugs, crimes, or any other ban-eligible action, then that will affect the CR-1/IR-1 visa as well. Or to be more precise, those actions also make you ineligible for any other visa. If you're denied due to something like suspected immigrant or work intent (most likely the case), then it shouldn't matter.

I was worried about that but im sure most cases its because of work intent etc...in your experience would you recommend actually getting a tourist visa or is it worth the wait for this whole spousal visa to be approved? Thanks!

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8 minutes ago, humamandrifa said:

I was worried about that but im sure most cases its because of work intent etc...in your experience would you recommend actually getting a tourist visa or is it worth the wait for this whole spousal visa to be approved? Thanks!

Work intent is a common issue, but 214b (immigrant intent) is even more common as the cause. I can only speak to what I would do, but I'd try for it assuming the MRV fee wasn't going to be a hardship on me. The causes of denial that would carry over the the CR-1/IR-1 are things I would either already make me ineligible for that visa, or are completely within my control (misrepresentation/fraud). So long as you are fully truthful, there's not a concern (except potentially a lost visa fee). :)

 

If you do try and it gets denied, just be sure to note this on the DS-260 for the immigrant visa. Failure to report that would be an issue.

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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24 minutes ago, geowrian said:

Work intent is a common issue, but 214b (immigrant intent) is even more common as the cause. I can only speak to what I would do, but I'd try for it assuming the MRV fee wasn't going to be a hardship on me. The causes of denial that would carry over the the CR-1/IR-1 are things I would either already make me ineligible for that visa, or are completely within my control (misrepresentation/fraud). So long as you are fully truthful, there's not a concern (except potentially a lost visa fee). :)

 

If you do try and it gets denied, just be sure to note this on the DS-260 for the immigrant visa. Failure to report that would be an issue.

Thank you for the info!, i was thinking about it but i am now talking to my wife of either doing tourist or just wait for the whole process to be done. But i understand your info, I just cant wait and feeling anxious for all this. This is a huge help, But the visa fee u mean? does my wife have to apply in her home country for a tourist visa to happen in case we go that route?

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25 minutes ago, humamandrifa said:

Thank you for the info!, i was thinking about it but i am now talking to my wife of either doing tourist or just wait for the whole process to be done. But i understand your info, I just cant wait and feeling anxious for all this. This is a huge help, But the visa fee u mean? does my wife have to apply in her home country for a tourist visa to happen in case we go that route?

Understandable. :)

Yes, there is a fee to apply for a tourist visa. I believe this is $190 currently. Indonesian nationals must obtain a tourist visa to enter the US (VWP is not available). The information on how to do so is here: https://id.usembassy.gov/visas/nonimmigrant-visas/. She can apply for a tourist visa anywhere that she has legal residence.

 

The USC/LPR doesn't have to do anything for the tourist visa. They cannot sponsor the visitor. They can cover costs and such, but it's up to the visitor to show they are qualified for the visa on their own (sufficient ties to return home, that they are not going to engage in unlawful activity such as work, etc.). Having a US-based spouse is a tie against an applicant, but sufficient evidence to return home can overcome that, such as a letter from an employer stating when they are due back to work, property, family back home, past international travel, etc.

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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On 5/18/2017 at 11:39 AM, humamandrifa said:

Hi,

 

I was wondering if anyone has ever did a tourist visa while an I-130 for spousal is pending on USCIS?

I heard it contradicts intending to stay at the US due to tourist is temporary and I-130 is for permanent stay.

Does this effect in anyway if you attempt to apply a tourist visa to travel to the US while the I-130 is pending or cause any sort of delay? I was gona do it but got confused because I feel like Im waiting so long for this from the USCIS's decision on my I-130 case from nebraska service center.

Any experience or info is greatly appreciated..thanks in advance!!

You can apply for the tourist visa but you would likely be wasting money because it will most likely not be approved considering your wife intends to live here. But if you're going to file anyway, your wife should prove on the interview that she is coming back. It won't hurt your overall process though. I have never applied for tourist visa while my CR1 was being processed, my husband visited me in Indonesia, it's much easier and cheaper.

Edited by ayuness

Married: October 25th, 2015

USCIS Process

Priority date: January 25th, 2016

Service Center: Nebraska

Request for Evidence (RFE): May 19th, 2016

RFE received: June 24th, 2016

I-130 approved: July 1st, 2016

NVC Process

Choice of Agent (DS-261) completed: August 10, 2016

Affidavit of Support (AOS) Fee Invoiced: August 10, 2016

Pay AOS Fee: August 12th, 2016

AOS Fee appeared as PAID: August 14, 2016

Immigrant Visa Application Processing Fees (IV Fee) Invoiced: August 10, 2016

Pay IV Fee: August 12, 2016

IV Fee appeared as PAID: August 14, 2016

Case Completed (CC) over the phone: November 3rd, 2016

Confirmation of CC email received: -

Interview date received over the phone: November 10th, 2016

Confirmation of Interview date email received: November 11th, 2016

Case "In Transit": November 16th, 2016

Case "Ready": November 17th, 2016

Interview Process

Medical (Jakarta, Indonesia): November 21st, 2016

Interview Date: December 29th, 2016 --APPROVED--

CEAC Status "Issued": December 30th, 2016

Visa in hand: January 4th, 2017

Fees

I-130 USCIS Filing Fee: $420

NVC Affidavit of Support Fee: $120

NVC Immigrant Visa Processing Fee: $325

USCIS Immigrant Fee: $165

Medical: $214.92 // IDR 2,887,632 (rate in December 2016 $1 = IDR 13,437)

Lawyer Fee: $ 2,950
Point of Entry (POE): January 19th, 2017

SSN: January 30th, 2017

Green Card: February 23rd, 2017

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30 minutes ago, ayuness said:

You can apply for the tourist visa but you would likely be wasting money because it will most likely not be approved considering your wife intends to live here. But if you're going to file anyway, your wife should prove on the interview that she is coming back. It won't hurt your overall process though. I have never applied for tourist visa while my CR1 was being processed, my husband visited me in Indonesia, it's much easier and cheaper.

Good points. I agree the likelihood of approval isn't great, but it's worth a shot IMHO. The only thing to lose is the visa fee, and getting familiar with the interview process is good on the nerves. haha

 

And such a great visit it is! :D


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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34 minutes ago, ayuness said:

You can apply for the tourist visa but you would likely be wasting money because it will most likely not be approved considering your wife intends to live here. But if you're going to file anyway, your wife should prove on the interview that she is coming back. It won't hurt your overall process though. I have never applied for tourist visa while my CR1 was being processed, my husband visited me in Indonesia, it's much easier and cheaper.

Actually i was thinking the same way, im going to visit Indonesia (i was born there anyways but i never renewed my Indonesian passport because i dont know how US reacts to having multiple passports since I have a US one already) just to be safe. Due to my work its a bit hard for me to visit back but i would love to. but yeah to be on the safe side thanks for updating me. i guess il stick with waiting since its worth it while actually going to visit. Tickets too are cheaper sometimes LOL

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On 5/19/2017 at 0:35 PM, humamandrifa said:

Actually i was thinking the same way, im going to visit Indonesia (i was born there anyways but i never renewed my Indonesian passport because i dont know how US reacts to having multiple passports since I have a US one already) just to be safe. Due to my work its a bit hard for me to visit back but i would love to. but yeah to be on the safe side thanks for updating me. i guess il stick with waiting since its worth it while actually going to visit. Tickets too are cheaper sometimes LOL

 

Just a FYI: you are no longer an Indonesian citizen and wouldn't be able to renew your Indonesian passport if you tried (assuming you are a US citizen now). The US gov't doesn't care how many passports you have, but unfortunately Indonesia does care (doesn't allow for dual citizenship).

 

 


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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