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stech786

Visit VISA for wife as Medical reason

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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

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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. 


I-751 journey

 

10/16/2017.......... ROC package mailed

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10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

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11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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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.


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

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


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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!

 

 

 

 

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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).


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

 

PS VISA is a credit card.


“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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Posted (edited)
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 by stech786

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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.


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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? 


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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Posted (edited)

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 by nastra30

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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.  

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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.

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Posted (edited)

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 by David & Zoila

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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.


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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