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Posted (edited)

My husbands mom wants to get a tourist visa to visit and is wondering if past residence petitions filed on her behalf will hinder a tourist visa. Her father filed for her more than once, and it was her choice not to leave her family even if for a short time until they were together again. 

 

Is there a way to find out if this will hinder her? 

Edited by CDLAdriver
Posted
1 minute ago, CDLAdriver said:

My husbands mom wants to get a tourist visa to visit and is wondering if past residence petitions filed on her behalf will hinder a tourist visa. Her father filed for her more than once, and it was her choice not to leave her family even if for a short time until they were together again. 

 

Is there a way to find out if this will hinder her? 

It should not hinder it

 

No way of knowing how the application will go 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

Yes, it is possible it will hinder a tourist visa since she once had immigrant intent....However, if she can show strong ties to her country, it is possible to obtain a tourist visa if she can convince the CO that she will, in fact, return to her country.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
1 minute ago, missileman said:

Yes, it is possible it will hinder a tourist visa since she once had immigrant intent....However, if she can show strong ties to her country, it is possible to obtain a tourist visa if she can convince the CO that she will, in fact, return to her country.

I understand what you are saying. She is older and doesn't work. Would proof of strong ties such as still caring for some of her children and very involved in her local church be sufficient? I can't think of any other ties at the moment. 

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
2 minutes ago, CDLAdriver said:

I understand what you are saying. She is older and doesn't work. Would proof of strong ties such as still caring for some of her children and very involved in her local church be sufficient? I can't think of any other ties at the moment. 

To be quite honest with you, that doesn't seem like a very strong tie to her country. It needs to be mortgages/lease, car payments, a secure stable job, etc etc.  In the end, it all depends on the CO. 

 

 

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
3 minutes ago, CDLAdriver said:

I understand what you are saying. She is older and doesn't work. Would proof of strong ties such as still caring for some of her children and very involved in her local church be sufficient? I can't think of any other ties at the moment. 

It will be a decision that the CO will make after seeing all the information.....no one can know.....good luck.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
2 minutes ago, CDLAdriver said:

I understand what you are saying. She is older and doesn't work. Would proof of strong ties such as still caring for some of her children and very involved in her local church be sufficient? I can't think of any other ties at the moment. 

Sometimes having previously had an approved petition but choosing not to take up the visa may be a positive in showing immigration opportunity but not intent 

One of the problems in the process is that what seems strong ties in our mind may or may not be seen as such by the CO 

Property, businesses etc are more convincing but realistically any one can choose to walk away from pretty much anything if they choose to. 

Posted
2 minutes ago, britishandusa said:

To be quite honest with you, that doesn't seem like a very strong tie to her country. It needs to be mortgages/lease, car payments, a secure stable job, etc etc.  In the end, it all depends on the CO. 

If someone is from a very poor country, though, they won't have many of these things. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
Just now, Dee elle said:

And that unfortunately swings the pendulum more towards the question of possible immigration intent.. 

Unfortunately, this is true....

3 minutes ago, CDLAdriver said:

If someone is from a very poor country, though, they won't have many of these things. 

What country?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
21 minutes ago, CDLAdriver said:

My husbands mom wants to get a tourist visa to visit and is wondering if past residence petitions filed on her behalf will hinder a tourist visa. Her father filed for her more than once, and it was her choice not to leave her family even if for a short time until they were together again. 

 

Is there a way to find out if this will hinder her? 

Can you clarify what you mean by the bolded above? 

 

Is the rest of the family together in the US now? Any past/pending petitions have the potential to hinder a b2 visa. COs however look at several factors when determining b2 eligibility, including applicant's choice to not avail an immigrant visa if eligible in the past. But there's no magic bullet. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Posted
6 minutes ago, missileman said:

Unfortunately, this is true....

What country?

Haiti 

 

We went by the embassy last year and his mom asked many questions to the guard. We were told she used to work in the consulate section of the embassy. She told his mom since she was older and wouldn't be coming to work that it would most likely be approved. That's what she said anyway. 

Posted
2 minutes ago, CDLAdriver said:

Haiti 

 

We went by the embassy last year and his mom asked many questions to the guard. We were told she used to work in the consulate section of the embassy. She told his mom since she was older and wouldn't be coming to work that it would most likely be approved. That's what she said anyway. 

Unfortunately the guard will have no say in the decision and had no authority to make such a statement. Don’t count on it ☹️

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
4 minutes ago, CDLAdriver said:

Haiti 

 

We went by the embassy last year and his mom asked many questions to the guard. We were told she used to work in the consulate section of the embassy. She told his mom since she was older and wouldn't be coming to work that it would most likely be approved. That's what she said anyway. 

In FY 2017, Haiti had a B visa refusal rate of 71.44%........I wouldn't trust the guard, unfortunately.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
2 minutes ago, WeGuyGal said:

Can you clarify what you mean by the bolded above? 

 

Is the rest of the family together in the US now? Any past/pending petitions have the potential to hinder a b2 visa. COs however look at several factors when determining b2 eligibility, including applicant's choice to not avail an immigrant visa if eligible in the past. But there's no magic bullet. 

Her father filed for her without her permission. Her father didn't approve of her marriage and she didn't want a broken home. 

None of her family except her sisters/brothers that immigrated through her father are in the USA. Her sister keeps telling her that she filed residency for her, but we think her sister is not telling the truth. Her sister told her she filed right after the Haiti earthquake; this makes no sense as she should have gotten a letter by now. (Her sister lied to her brother regarding immigration so it's why we are thinking this). Is there a way to find out if her sister really filed residency for her?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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