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

[humamandrifa 7]

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!!

[Auds 223]

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.

[humamandrifa 7]

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!

[geowrian 22,335]

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 May 18, 2017 by geowrian

[humamandrifa 7]

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!

[geowrian 22,335]

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 May 19, 2017 by geowrian

[humamandrifa 7]

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?

[geowrian 22,335]

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 May 19, 2017 by geowrian

[ayuness 30]

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 May 19, 2017 by ayuness

[geowrian 22,335]

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!

[humamandrifa 7]

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

[usmsbow 795]

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).