Apply for Tourist Visa before or after applying for CR1 visa?

[edman007 0]

Hi there!

 

I want to know if applying for US tourist visa before applying for CR1 makes sense or not?

 

Little bit about me:

• Indian citizen who studied and worked in US for 10 years. 
• H1b visa (work visa) got rejected in summer 2018 and I returned to India immediately. 
• Got married in India to my US citizen girfriend in December 2018.
• Own a home and car in US. Did not get any time to wrap up my assets in US as exiting after H1b visa rejection was time sensitive. 

 

My US citizen wife is now back in the US and we plan on getting married the American way with her family around. For this reason, I want to apply for tourist visa but I am not sure if I should wait until I file my CR1 visa or not. I understand that getting the tourist visa approved might be a difficult task but I want to take a chance and see if the visa goes through. If I get a tourist visa, I do not plan on staying back in US and file for AOS from there. I plan on fully following the legal channel and wait for CR1 approval from India. 

 

What do you guys suggest? Should I file for tourist first and then file for CR1? My parents already have valid US tourist visa and they plan on visiting US for my American wedding. 

 

What should be my pitch to consular officer regarding my need for tourist visa? 

 

Any suggestion is highly appreciated.

 

Thank you!

 

[JFH 12,190]

You can certainly apply for a tourist visa - anyone with $160 to spare can do so. Your chances of approval are slim, based on what you have posted here. 

Edited January 27, 2019 by JFH

[JFH 12,190]

*~*~*moved from “IR-1/CR-1 spouse visa progress reports” to “tourist visas”*~*~*

[SusieQQQ 11,586]

Agree this background looks like very low chance of getting granted B visa. All ties are in the US. Only way to know for sure is to try though.

[aleful 1,905]

hi

 

ditto, you can apply and see what happens, but your chances are slim,

 

you don't have strong ties to your country, you haven't been back for a long time, you lived and worked here and you have a US spouse and a home here, you have much stronger ties to the US than your home country. you've only been back for a few months.

[edman007 0]

1 minute ago, aleful said:

you've only been back for a few months.

Well, I have been to India multiple times actually. Also visited China, Thailand and Indonesia in these 10 years. 

[JFH 12,190]

3 minutes ago, edman007 said:

Well, I have been to India multiple times actually. Also visited China, Thailand and Indonesia in these 10 years. 

Nice. But your ties are still very weak. You have the strongest ties of all (spouse and home - the love of your life and the biggest financial investment you will ever make) in the USA. But if you don’t mind the risk of losing $160, by all means send your application. 

[aleful 1,905]

hi

 

but have you lived there, do you have a job there now, are you putting down roots in India? if you are, then wait for a while, you will need to show that you are now living in India, that you have no desire to overstay and adjust status after you come here.

 

your ties are still stronger in the US

[Crazy Cat 41,979]

48 minutes ago, edman007 said:

Hi there!

 

I want to know if applying for US tourist visa before applying for CR1 makes sense or not?

 

Little bit about me:

• Indian citizen who studied and worked in US for 10 years. 
• H1b visa (work visa) got rejected in summer 2018 and I returned to India immediately. 
• Got married in India to my US citizen girfriend in December 2018.
• Own a home and car in US. Did not get any time to wrap up my assets in US as exiting after H1b visa rejection was time sensitive. 

 

My US citizen wife is now back in the US and we plan on getting married the American way with her family around. For this reason, I want to apply for tourist visa but I am not sure if I should wait until I file my CR1 visa or not. I understand that getting the tourist visa approved might be a difficult task but I want to take a chance and see if the visa goes through. If I get a tourist visa, I do not plan on staying back in US and file for AOS from there. I plan on fully following the legal channel and wait for CR1 approval from India. 

 

What do you guys suggest? Should I file for tourist first and then file for CR1? My parents already have valid US tourist visa and they plan on visiting US for my American wedding. 

 

What should be my pitch to consular officer regarding my need for tourist visa? 

 

Any suggestion is highly appreciated.

 

Thank you!

 

It all comes down to one question: How can you convince the consulate officer that you will return to India when you have so many very strong ties to the US?  By law, you are already assumed to be seeking entry into the US to stay...good luck.

[Boiler 45,658]

Why were you refused a H1b?

[aaron2020 11,651]

You have really strong ties to the US. 

 

If you apply for the visitor visa without a pending I-130, you will likely get rejected and be told to apply for the spousal visa since you have immigrant intent.

However, you never know if you don't apply.

 

If I was you, I would apply for the spousal visa and the visitor visa.  At the visitor visa interview, I would show that an I-130 has been filed ant that you are willing to immigrate to the US the legal way.  This makes you more credible.  Filing for the tourist visa without filing the I-130 makes you look shady and a CO will probably think you are trying to work the system to AOS.  

[mtempelaar 190]

3 minutes ago, Boiler said:

Why were you refused a H1b?

I'm currently experiencing a 60+% rejection rate for renewal of H1Bs for my team members, and many contracting companies didn't know how to get past new USCIS guidelines for a while (more detailed justifications, extra paperwork/RFEs), but this would be good to understand from the OP in case it's something odd that needs to be resolved.

[SusieQQQ 11,586]

16 minutes ago, aaron2020 said:

 

 

If I was you, I would apply for the spousal visa and the visitor visa.  At the visitor visa interview, I would show that an I-130 has been filed ant that you are willing to immigrate to the US the legal way.  This makes you more credible.  Filing for the tourist visa without filing the I-130 makes you look shady and a CO will probably think you are trying to work the system to AOS.  

Imo this won’t make a difference. As already said he’s been in US 10 years, wife is there, home is there, heck he hasn’t even sold his car! With or without the I130 imo his chances of “changing his mind” and applying for AOS once he lands in US are very high and I’d expect a CO to view it same way. But again, it’s only $160 and a bit of time to find out for sure.

[Nitas_man 3,100]

1 hour ago, edman007 said:

Hi there!

 

I want to know if applying for US tourist visa before applying for CR1 makes sense or not? 

 

What should be my pitch to consular officer regarding my need for tourist visa? 

 

Any suggestion is highly appreciated.

 

Thank you!

 

In your case it does not make sense.  

 

There is no “pitch”, your circumstances are what they are whether you file I-130 before or after you apply for a visit visa.  You are  married to a USC and your wife doesn’t live in India and all of your major assets are in the US.

 

Our experience was:  once before, once after filing visit visas were denied both times.  My wife was opposite - she did own a house and was working etc etc  in her home country.

 

Ties they look for:  a residence, a job, an active bank account, immediate family, other business activity or assets.

 

So gather everything you have to show your ties to India and give it a try.  Every once in awhile they grant the visa.

 

Edited January 27, 2019 by Nitas_man

[aaron2020 11,651]

1 minute ago, SusieQQQ said:

Imo this won’t make a difference. As already said he’s been in US 10 years, wife is there, home is there, heck he hasn’t even sold his car! With or without the I130 imo his chances of “changing his mind” and applying for AOS once he lands in US are very high and I’d expect a CO to view it same way. But again, it’s only $160 and a bit of time to find out for sure.

Totally agree.  

However, filing for the visitor visa without an I-130 makes it looks super shady.  Filing for the visitor visa with an I-130 looks better IMHO that he's trying to do it legit.  It doesn't mean that he's in the clear.  

OP is asking whether he should apply for the visitor visa before or after filing the I-130.  Just giving him my opinion and suggesting he files for the visitor visa after filing the I-130.