Tourist Visa while waiting on CR-1

[John & Rose 7,239]

There were some interesting questions here lately.  It got me thinking...

 

Since I know we will have over a year for the CR-1, has anyone ever attempted a tourist visa while waiting?  I know tourist visas ardent easy but maybe since we are in the process of the CR-1 the odds may be better.  It would be great if I can bring them over for a couple weeks to experience the country as a tourist while we wait.  Just a thought...

[Dashinka 24,592]

All you can do is try.  Whether having a CR1 in process helping in a B1 application is questionable, but anyone applying for a B1 has to apply on their own merits with respect to ties to their home country, so a CR1 may actually hinder that application since the person applying has one big tie to the US, a spouse.  But as I said, all you can do is try.

 

Good Luck!

[John & Rose 7,239]

2 minutes ago, Bill & Katya said:

All you can do is try.  Whether having a CR1 in process helping in a B1 application is questionable, but anyone applying for a B1 has to apply on their own merits with respect to ties to their home country, so a CR1 may actually hinder that application since the person applying has one big tie to the US, a spouse.  But as I said, all you can do is try.

 

Good Luck!

I figured there are two ways they can possibly look at it.  One is that we wouldn't jeopardize the CR-1 by overstaying a B-1 and the other is it may be looked at a way to get them here sooner and sacrifice the CR-1.  I was just thinking out loud.  I may try but I certainly don't want to do anything that may hurt us in the long run.

[Greenbaum 12,259]

7 minutes ago, John & Rose said:

There were some interesting questions here lately.  It got me thinking...

 

Since I know we will have over a year for the CR-1, has anyone ever attempted a tourist visa while waiting?  I know tourist visas ardent easy but maybe since we are in the process of the CR-1 the odds may be better.  It would be great if I can bring them over for a couple weeks to experience the country as a tourist while we wait.  Just a thought...

This should answer your question. The answer is good for B's visas as well as tourist visa.

 

John - you are asking how do you (CO) decide whether or not to issue a visa? What does 214(b) mean? 

 

For business and tourist visas (B-1/B-2), each applicant must qualify under section 214(b) of the U.S. Immigration and Nationality Act (INA), which states:

 

"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the officer, at the time of the application for a visa . . . that he is entitled to nonimmigrant status . . .”

 

Essentially, the visa officer is looking to see that the applicant has compelling reasons to return to the Philippines. By law, the burden of proof is on the applicant to show that he or she qualifies for the visa. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that one’s ties to the Philippines will bring him/her back at the end of a temporary stay in the United States.

 

What do you mean by "ties to the Philippines?" 

 

"Ties" are the aspects of one’s life that bind him/her to his/her place of residence, including family relationships, employment and possessions. In the case of younger applicants, who may not have had an opportunity to establish such ties, interviewing officers may look at educational status, grades, the situation of parents, and an applicant's long-range plans and prospects in the Philippines. As each person's situation is different, there is no set answer as to what constitutes adequate ties.

[geowrian 22,337]

Many people have tried, few have been successful. A past K-1 and pending CR-1 are pretty strong evidence of immigrant intent, whereas a tourist visa requires not having immigrant intent (and comes with a presumption of having it). It's tough to argue that you don't intend to immigrate but you intend to immigrate later. Not impossible....but generally the CO won't take the risk. Sorry!

 

This differs from using an existing visa to visit, in which case entry is much more likely than obtaining the visa in the first place.

 

But the only way to know is to try. I wish them good luck!

[John & Rose 7,239]

Just now, geowrian said:

Many people have tried, few have been successful. A past K-1 and pending CR-1 are pretty strong evidence of immigrant intent, whereas a tourist visa requires not having immigrant intent (and comes with a presumption of having it). It's tough to argue that you don't intend to immigrate but you intend to immigrate later. Not impossible....but generally the CO won't take the risk. Sorry!

 

This differs from using an existing visa to visit, in which case entry is much more likely than obtaining the visa in the first place.

 

But the only way to know is to try. I wish them good luck!

I figured it would be difficult.  With the #1 export from the Philippines being OFWs proving strong ties is difficult.  She owns a house but that really isn't enough of a tie to prove they will go back.  I will just patiently wait out the CR-1.

[Crazy Cat 41,980]

I agree with @geowrian .  In addition, applying won't risk anything other than the $160 per b2 fee.  There is a chance for success, although a slim one, imo.  Good Luck.

[Chris Duffy 1,257]

If I were in your shoes, I would have your wife apply and see if she gets approved.

 

My sister in law applied a few months ago, She is working in Singapore, she was denied in Singapore

 

Last year two of her cousins working in Singapore about her same age, both were approved for a Tourist Visa.