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CAN HUSBAND VISIA ON TOURIST VISA - WHILE WAITING FOR NOID

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Posted (edited)

Hi Guys. 

 

Can a husband visit his wife and kids who are in America if they are still waiting on notice of intent to deny for I-130 in order to appeal? His kids have not seen him in a year and the wife has not enough finances to go visit him in his country. 

 

Thank you in advance!

Edited by SL and ES

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Couldn’t he then just pay for the wife’s ticket? 

They are married. 

 

He he will not get a visitor visa with a denied I-130. 


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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13 minutes ago, Georgia16 said:

Couldn’t he then just pay for the wife’s ticket? 

They are married. 

 

He he will not get a visitor visa with a denied I-130. 

Keep in mind, they said they have children as well, so my guesses are it would be too pricey to send the WHOLE family over. 

OP, what country is the husband from? What is the reason for the denial?


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

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9 minutes ago, LilyJohansen said:

Keep in mind, they said they have children as well, so my guesses are it would be too pricey to send the WHOLE family over. 

OP, what country is the husband from? What is the reason for the denial?

They can meet in a third country. It is just one of the consequences by being separated with kids it is more expensive but there really isn’t much they can do about it other then try another country where travel expenses won’t be so high. 

 

But him him coming with a intent to deny would just make them think he will adjust as soon as he lands. 


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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37 minutes ago, SL and ES said:

Hi Guys. 

 

Can a husband visit his wife and kids who are in America if they are still waiting on notice of intent to deny for I-130 in order to appeal? His kids have not seen him in a year and the wife has not enough finances to go visit him in his country. 

 

Thank you in advance!

Are you talking about a cr1 or k1 

your timeline is giving info about k1 ... you said husband and talked about kids, I hope you didn’t apply for k1 whiles married? 

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1 minute ago, Sheff&Cori said:

Are you talking about a cr1 or k1 

your timeline is giving info about k1 ... you said husband and talked about kids, I hope you didn’t apply for k1 whiles married? 

I believe OP is talking about a friend of theirs. They have mentioned said friend before on the CR1 forum


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

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Can they send money to the wife so she can afford to visit?


“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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Technically, he can obtain or use a tourist visa still.

Practically, I would not expect somebody to obtain a tourist visa or be admitted given those circumstances...there likely be a very high suspicion that he intends to stay in the US.


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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20 hours ago, SL and ES said:

Hi Guys. 

 

Can a husband visit his wife and kids who are in America if they are still waiting on notice of intent to deny for I-130 in order to appeal? His kids have not seen him in a year and the wife has not enough finances to go visit him in his country. 

 

Thank you in advance!

Probably not.  Is this a notice from USCIS that they intend to deny the petition instead of EVER approving it, or is it a Notice of Intent to Revoke a petition that has already been approved but the visa was denied at interview?

 

In either case, it is rarely advisable to "appeal" such a decision.  It's almost always better to file a new petition.  The decision has to be wrong for an appeal to work.  You don't appeal simply because you don't like the outcome.  What is the real situation regarding the I-130?


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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