Consular Processing

[Chantiago 0]

Hello! I'm new here 😛

So, my husband recently filed the I-130 in the States and I am currently residing in Korea.

Do I have to be within my country during the entire process? Or can I go to the States to finish it off? Would I be able to schedule the interviews while I'm in the States if the petition gets approved?

I also have an interview coming up for my B2 visa so I can go visit my husband for a bit. I do fall under VWP but I wanted to stay with him for a bit longer so I applied for that. Would this cause any trouble?

[TM92 527]

11 minutes ago, Chantiago said:

Do I have to be within my country during the entire process?

No; there is no requirement that states that.

12 minutes ago, Chantiago said:

I also have an interview coming up for my B2 visa so I can go visit my husband for a bit. I do fall under VWP but I wanted to stay with him for a bit longer so I applied for that. Would this cause any trouble?

Just a FYI, all COs presume immigrant intent by law for the B-2. A pending I-130 is another negative for a B-2. If the B-2 is denied, then VWP can be affected: https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit But a B-2 denial has zero effect (positive or negative) on an immigrant visa, as long as there is no fraud. Good luck!

[Chantiago 0]

5 minutes ago, TM92 said:

25 minutes ago, Chantiago said:

Do I have to be within my country during the entire process?

No; there is no requirement that states that.

Oooh, thank you for your reply! But I would still have to return to Korea for the rest of the process right?

 

 

6 minutes ago, TM92 said:

26 minutes ago, Chantiago said:

I also have an interview coming up for my B2 visa so I can go visit my husband for a bit. I do fall under VWP but I wanted to stay with him for a bit longer so I applied for that. Would this cause any trouble?

Just a FYI, all COs presume immigrant intent by law for the B-2. A pending I-130 is another negative for a B-2. If the B-2 is denied, then VWP can be affected: https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit But a B-2 denial has zero effect (positive or negative) on an immigrant visa, as long as there is no fraud. Good luck!

😮!! I am aware that the B2 visa approval isn't the easiest with a pending petition, but would it be okay as long as I state that I must come back? And also show my return tickets?

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[geowrian 22,335]

9 minutes ago, Chantiago said:

😮Oooh, thank you for your reply! But I would still have to return to Korea for the rest of the process right?

Yes.

[TM92 527]

11 minutes ago, Chantiago said:

But I would still have to return to Korea for the rest of the process right?

Yes. There are only very few exceptions: https://citizenpath.com/faq/preconceived-intent-adjust-status/

11 minutes ago, Chantiago said:

😮 !! I am aware that the B2 visa approval isn't the easiest with a pending petition, but would it be okay as long as I state that I must come back? And also show my return tickets?

Bring all evidence that shows strong ties to South Korea. Such as lease agreement, family ties, good job, school, assets, etc. If the B-2 is approved, also bring this evidence when you travel. Only US Citizens are guaranteed entry to the US.

Edited November 28, 2018 by TM92

[geowrian 22,335]

10 minutes ago, Chantiago said:

 

😮!! I am aware that the B2 visa approval isn't the easiest with a pending petition, but would it be okay as long as I state that I must come back? And also show my return tickets?

You're fine to apply. Just know the consequences if refused. being refused is more likely than not while mid-process.

Return tickets have no impact on the decision. You could just refuse to return home on a whim. Actually, it is highly suggested not to have tickets until the visa is in hand.

[Chantiago 0]

3 minutes ago, geowrian said:

15 minutes ago, Chantiago said:

 

😮!! I am aware that the B2 visa approval isn't the easiest with a pending petition, but would it be okay as long as I state that I must come back? And also show my return tickets?

You're fine to apply. Just know the consequences if refused. being refused is more likely than not while mid-process.

Return tickets have no impact on the decision. You could just refuse to return home on a whim. Actually, it is highly suggested not to have tickets until the visa is in hand.

If I showed my copy of the NOA1, would this be effective? Because I must come back to Korea to finish off my process... Would that be considered legitimate proof of me returning to Korea? I just want to be with my husband  

[geowrian 22,335]

8 minutes ago, Chantiago said:

If I showed my copy of the NOA1, would this be effective? Because I must come back to Korea to finish off my process... Would that be considered legitimate proof of me returning to Korea? I just want to be with my husband  

You can, although it's not likely to have any impact.

The primary concern with a tourist visa is that you would come to the US then decide to stay and file for AOS instead of completing the process overseas. The NOA1 doesn't change that.

 

A tourist visa requires not having immigrant intent. A pending I-130 implies you intend to immigrate in the near future. It's a very tough (but not impossible) sell.

What strong ties does somebody have to return home when they intend to abandon those ties in the coming months? Again, it's a tough sell.

 

To be clear, I'm not trying to be all negative here. It's just risky IMO...the VWP is a near-sure thing. The ability to visit at all is being risked to stay a little bit longer (you hope...CBP could even give you 90 days stay or less at the time of entry with a tourist visa whereas VWP is a flat 90 days).

Edited November 28, 2018 by geowrian

[TM92 527]

4 minutes ago, geowrian said:

To be clear, I'm not trying to be all negative here. It's just risky IMO...the VWP is a near-sure thing. The ability to visit at all is being risked to stay a little bit longer (you hope...CBP could even give you 90 days stay or less at the time of entry with a tourist visa whereas VWP is a flat 90 days).

Agreed. @Chantiago, if you want to avoid a negative effect from B-2 denial on your VWP, then you could stop the B-2 process, if you wish. But entirely your choice.

[Chantiago 0]

15 minutes ago, TM92 said:

20 minutes ago, geowrian said:

To be clear, I'm not trying to be all negative here. It's just risky IMO...the VWP is a near-sure thing. The ability to visit at all is being risked to stay a little bit longer (you hope...CBP could even give you 90 days stay or less at the time of entry with a tourist visa whereas VWP is a flat 90 days).

Agreed. @Chantiago, if you want to avoid a negative effect from B-2 denial on your VWP, then you could stop the B-2 process, if you wish. But entirely your choice.

Thank you so much! Y'all are so helpful! I've been frantically going around seeking information and you guys really helped a lot and answered all my questions. 😭

So, I guess it's not really worth it to go for the B-2 visa right...? If only I had the information sooner! 😧  

What happens if I don't go to the interview? Can I cancel the appointment? I know I won't be able to get a refund but would I still be able to cancel?

Also! My husband is currently serving in the US Military. Does this have any power over the petition? I've seen some cases that were processed much quicker because of said reason.

Edited November 28, 2018 by Chantiago

[TM92 527]

4 hours ago, Chantiago said:

Can I cancel the appointment?

https://kr.usembassy.gov/visas/nonimmigrant-visas/:

Quote

• All Routine inquiries (including all questions about events and processes that precede your visa interview) should be directed to support-korea@ustraveldocs.com.
• Case-specific inquiries (e.g. specific adjudication status and/or legal rulings) should be directed to SeoulNIVCaseSpecific@state.gov. Please note, however, that if the answer to your inquiry is available through our website, you will not receive a response.

@geowrian, which email above is the one to stop the B-2 process? Or should @Chantiago contact the call center via either call or online chat?

Quote

• Callers in Seoul: Please call 02) 6009-9170
• Callers in South Korea: Please call 070-4784-4054 without the area code

Quote

Chat: To chat with a customer service representative from 9 a.m. to 6 p.m., please click here. Chat software works with Internet Explorer 8.0, Internet Explorer 7.0, Internet Explorer 6 Service Pack 2, and Firefox 3.6.

4 hours ago, Chantiago said:

My husband is currently serving in the US Military. Does this have any power over the petition? I've seen some cases that were processed much quicker because of said reason.

Not that I can think of. But you or your husband can contact the USCIS Military Help Line and ask: https://www.uscis.gov/military/military-help-line I assume he is not stationed in South Korea. If he is stationed in SK, then the much better and faster Direct Consular Filing was available.

Edited November 28, 2018 by TM92

[geowrian 22,335]

2 hours ago, TM92 said:

https://kr.usembassy.gov/visas/nonimmigrant-visas/:

@geowrian, which email above is the one to stop the B-2 process? Or should @Chantiago contact the call center via either call or online chat?

Not that I can think of. But you or your husband can contact the USCIS Military Help Line and ask: https://www.uscis.gov/military/military-help-line I assume he is not stationed in South Korea. If he is stationed in SK, then the much better and faster Direct Consular Filing was available.

I'd try the first one (support-korea) first. That sounds more appropriate to me, but I don't know the exact process at that post.

 

Military members go through the same process with the same timeline. However, they are eligible for an expedite in certain conditions (i.e. deployment orders).

Edited November 28, 2018 by geowrian

[Chantiago 0]

@geowrian @TM92 Thank y'all for the help! I cancelled my appointment and just decided to go to the States with my VWP.

But, entering with my VWP would have no problem right..? As long as I have my return tickets and show strong proof of coming back?

My husband was stationed in Korea but he left before we got married  

I guess we'll just have to be patient and wait!

[geowrian 22,335]

3 hours ago, Chantiago said:

@geowrian @TM92 Thank y'all for the help! I cancelled my appointment and just decided to go to the States with my VWP.

But, entering with my VWP would have no problem right..? As long as I have my return tickets and show strong proof of coming back?

My husband was stationed in Korea but he left before we got married  

I guess we'll just have to be patient and wait!

Very few people are denied entry with the VWP, and those who are tend to be due to spending too much time in the US.