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Devata maj

Tourist visa - pending I 130

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Hello Team,

 

I applied I 130 for my wife (lives in Ethiopia) in May 2017. It is still pending and waiting for approval. Can my wife apply for tourist visa so that she can visit me for our anniversary? What are the chances to be approved?? Does it affect our I 130 process in any way?

 

thanks, 

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Yes, she can apply.  Her chances will depend entirely on her ability to convince a consulate officer that she will return to her country.  It will not affect your pending case.

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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A pending immigrant visa petition will make it very hard to get approved for a B visitor visa. She can still apply but it will be extremely hard to prove that she does not have immigrant intent.


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 🇷🇺  ♥  CR-1 via DCF in Moscow (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Embassy
29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – middle name is cut off 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

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Of course she can, it is not a chance based process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Might actually be a bit easier for spouse of LPR than USC, because LPR spouse cannot adjust until priority date is current and no overstay forgiven - so she will have to go home, on time, first to continue F2A process.

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She can apply for sure.. but she's a risk to stay and not return.. and thus B2 odds are low. With her F2a PD not too far closing in on 2 years, a CO may deny her a B2 and suggest waiting for F2A processing.  Would this be the 2nd anniversary? 


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

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2 minutes ago, WeGuyGal said:

She can apply for sure.. but she's a risk to stay and not return.. and thus B2 odds are low. With her F2a PD not too far closing in on 2 years, a CO may deny her a B2 and suggest waiting for F2A processing.  Would this be the 2nd anniversary? 

Thanks. Actually our anniversary is not our wedding date. We had been dating for 5 yrs before we got married. And this would be our 7th.  I am a LPR btw.

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31 minutes ago, Devata maj said:

Thanks. Actually our anniversary is not our wedding date. We had been dating for 5 yrs before we got married. And this would be our 7th.  I am a LPR btw.

What matters for visa/immigration is the date of marriage stated in the i-130. 

LPR spouse =F2A


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

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Yup, she is free to apply. The circumstances are against her, but the only thing to lose is the application fee. Good luck!


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

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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