Visit VISA for wife as Medical reason

[stech786 229]

I'm a greencard holder holder and have submitted an application for wife i130 as she is oversea & i'm based in USA. my dad had kidney transplant which is a big surgery as you know. The hospital doctor has given me a letter for visit VISA for my wife.

 

Any objection that can happen, for my wife? Her plan is to visit my dad and go back in 1 month and wait for her i-130 VISA. is this possible? will they reject her visit VISA as they might think that she is trying to enter US and not come back? How can I approve thats not the plan. as you know that i-130 VISA is better than visit visa. Visit visa, she would have to leave 6-months in 5 yr and there is nothing can would be able to do here (find jobs). Just plain visit

[WeGuyGal 1,052]

20 minutes ago, stech786 said:

I'm a greencard holder holder and have submitted an application for wife i130 as she is oversea & i'm based in USA. my dad had kidney transplant which is a big surgery as you know. The hospital doctor has given me a letter for visit VISA for my wife.

 

Any objection that can happen, for my wife? Her plan is to visit my dad and go back in 1 month and wait for her i-130 VISA. is this possible? will they reject her visit VISA as they might think that she is trying to enter US and not come back? How can I approve thats not the plan. as you know that i-130 VISA is better than visit visa. Visit visa, she would have to leave 6-months in 5 yr and there is nothing can would be able to do here (find jobs). Just plain visit

Aren't you about to become a USC? Have you received the Oath letter? 

 

Your wife can apply for a visit visa, but odds are slim. The hospital doctor's letter unfortunately doesn't hold much value to a CO. What country is your wife in? You were married a year ago, so she would be a risk to AOS on a B2. 

[geowrian 22,335]

She applies and finds out. The reason for wanting to visit isn't the critical factor - it's the reason she is compelled to return home. That is very difficult to show when partially through an immigrant visa process, but the only way to know is to apply.

Good luck.

[Ontarkie 13,917]

~~Moved to Tourist Visas, from Bringing Family to the US - the OP is asking about a tourist visa for his wife.~~

[stech786 229]

4 hours ago, geowrian said:

She applies and finds out. The reason for wanting to visit isn't the critical factor - it's the reason she is compelled to return home. That is very difficult to show when partially through an immigrant visa process, but the only way to know is to apply.

Good luck.

 

Thank, visit VISA isn’t that strong as the person would have to leave the country within 6 months and visitor won’t be able to apply for SSN or driver liecense. I would think that should be enough to make someone return back home. Our plan is to go back for i130 interview as it would be in home country.

4 hours ago, WeGuyGal said:

Aren't you about to become a USC? Have you received the Oath letter? 

 

Your wife can apply for a visit visa, but odds are slim. The hospital doctor's letter unfortunately doesn't hold much value to a CO. What country is your wife in? You were married a year ago, so she would be a risk to AOS on a B2. 

 

Yea,  but it’s pending. This kidney thing just happened today. 

 

I know after I become USC I update my i-130 to priority category. But how does AOS happens to B2? I didn’t think she would be able to change visa type from visit visa to B2 while she is here. Wouldn’t they deny it the visa type since the original it was visit visa to visit family & go back. My attention is NOT to have wife enter and submit AOS. We can wait longer for a better visa type but this kidney surgery just happened out of the plan. 

 

Thansk!

 

 

 

 

[geowrian 22,335]

19 minutes ago, stech786 said:

I know after I become USC I update my i-130 to priority category. But how does AOS happens to B2? I didn’t think she would be able to change visa type from visit visa to B2 while she is here. Wouldn’t they deny it the visa type since the original it was visit visa to visit family & go back. My attention is NOT to have wife enter and submit AOS.

I understand, but there are circumstances where one can AOS from B-2. At the same time, it is visa fraud to enter on a B-2 with intent to file for AOS.

The CO will evaluate the case and determine if she intends to go home or not (see INA 214b).

[Boiler 43,438]

She can certainly apply, I would take evidence of her close connection with your Father.

 

PS VISA is a credit card.

[stech786 229]

3 hours ago, geowrian said:

I understand, but there are circumstances where one can AOS from B-2. At the same time, it is visa fraud to enter on a B-2 with intent to file for AOS.

The CO will evaluate the case and determine if she intends to go home or not (see INA 214b).

 

Not trying to do that at all. Plan is for her to visit 1 month & go back. No intent to apply for AOS.

 

her other sister had similar medical situation & got visit visa. She came & went back. Never stayed in US because husband was overseas It’s for 5 yr

Edited March 21, 2019 by stech786

[Going through 5,668]

3 hours ago, stech786 said:

 

Not trying to do that at all. Plan is for her to visit 1 month & go back. No intent to apply for AOS.

 

her other sister had similar medical situation & got visit visa. She came & went back. Never stayed in US because husband was overseas It’s for 5 yr

Her sister didn't have a husband living IN the United States though---so completely different situation.

 

With a US-based husband, AND a i-130 filed, right now her ties to the US are strong and can work against her when applying for the tourist visa.  Your wife will have to show strong ties back to her home country...especially since she's already shown immigrant intent with the i-130.  

 

All she can do is apply and find out---good luck to her.

[WeGuyGal 1,052]

10 hours ago, stech786 said:

 

I know after I become USC I update my i-130 to priority category. But how does AOS happens to B2? I didn’t think she would be able to change visa type from visit visa to B2 while she is here. Wouldn’t they deny it the visa type since the original it was visit visa to visit family & go back. My attention is NOT to have wife enter and submit AOS. We can wait longer for a better visa type but this kidney surgery just happened out of the plan. 

 

Like many have said here, her ties to her country are what matter, and you haven't stated what they are. Her strongest ties appear to be where her spouse is -to the US. That makes her odds slim. 

 

Country matters as it relates to a B2 visa; you seem to studiously avoid mentioning what her home country is.

 

And when is your citizenship Oath? 

[nastra30 1,984]

Your wife can certainly apply for a tourist visa; nobody is saying she can't. What people are saying is she will have to show strong ties to her home country and convince CO she will return back to her home country. The CO officer is not obliged to look at doctor's letter or any other letter. They've have seen it all with how people in the past (especially high fraud countries) have used such means to secure a visa and not return. Your wife's case is not any special that is why convincing CO of strong ties to home country has become the norm.

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

"Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa."

 

Edited March 21, 2019 by nastra30

[Steph&Bobo 49]

18 hours ago, stech786 said:

I'm a greencard holder holder and have submitted an application for wife i130 as she is oversea & i'm based in USA. my dad had kidney transplant which is a big surgery as you know. The hospital doctor has given me a letter for visit VISA for my wife.

 

Any objection that can happen, for my wife? Her plan is to visit my dad and go back in 1 month and wait for her i-130 VISA. is this possible? will they reject her visit VISA as they might think that she is trying to enter US and not come back? How can I approve thats not the plan. as you know that i-130 VISA is better than visit visa. Visit visa, she would have to leave 6-months in 5 yr and there is nothing can would be able to do here (find jobs). Just plain visit

I had stroke while my husband was waiting out the I-130 process and he  tried to obtain a visit visa.   He was denied the visit visa as he had a pending I-130.  They said he had to wait it out.  

[aaron2020 11,651]

People have been denied visitor visas with a parent in the US dying.

 

A father-in-law needing a kidney transplant is not the same as a parent dying.

 

Don't be surprised that the CO will not look at the doctor's letter.

 

Your wife has to overcome the legal presumption that all visitor visa applicants plan to illegally stay in the US by showing strong ties to her home country.  A letter that your father is sick does not show a reason for her to return home after a visit, so it will not help with your wife's visitor visa application.

[David & Diana R 1,005]

Oh, if we all could have figured out a way for our spouse/fiance to come and live with us in the US while we waited out the visa....  And we still do not have a Timeline. Interesting.

Edited March 21, 2019 by David & Zoila

[WeGuyGal 1,052]

2 hours ago, aaron2020 said:

People have been denied visitor visas with a parent in the US dying.

 

A father-in-law needing a kidney transplant is not the same as a parent dying.

 

Transplant done.. hopefully in recovery mode now.