Jump to content
Libin222

Pending I-130, Tourist Visa

5 posts in this topic

Recommended Posts

I have a pending I-130 for my spouse with USCIS and it is taking much longer than expected.  Can i bring my wife to the US on a tourist visa while I-130 is processing? Our intention is to stay in the U.S. (on tourist visa) until we get an appointment at the embassy for the interview. I'm aware that tourist visa is only valid for 6 months. Spouse will exit the US before tourist visa expires. My nationality is USC. Would there be any issues at the border if the visitor visa is stamped at the embassy? 

Share this post


Link to post
Share on other sites
8 minutes ago, Libin222 said:

I have a pending I-130 for my spouse with USCIS and it is taking much longer than expected.  Can i bring my wife to the US on a tourist visa while I-130 is processing? Our intention is to stay in the U.S. (on tourist visa) until we get an appointment at the embassy for the interview. I'm aware that tourist visa is only valid for 6 months. Spouse will exit the US before tourist visa expires. My nationality is USC. Would there be any issues at the border if the visitor visa is stamped at the embassy? 

It is POSSIBLE for a spouse to visit inside the US during process.  It is also POSSIBLE the spouse will be denied entry.  The visiting spouse must demonstrate strong ties to his/her home country when applying for the B2 visa and again when attempting to enter the US after obtaining a B2 visa.  There are no guarantees, and each entry is subject to discretion of CBP.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

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
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites

She can apply. The odds are against her mid-process and with a USC spouse.

She must demonstrate strong ties to return home. She has strong ties to the US (a USC spouse), and presumably not strong ties abroad as any ties she has she will be giving up in the coming months. Showing non-immigrant intent with a pending immigrant visa soon is a really tough sell. The presumption will be that they intend to stay in the US and finish the process there.

 

Note this is much different than somebody with an existing tourist visa (or other valid travel document). CBP can still deny them entry at any time, but generally they don't do so without evidence of intent to stay or having worn out their welcome by staying too long/often.


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

 

 

Share this post


Link to post
Share on other sites
1 hour ago, Libin222 said:

I have a pending I-130 for my spouse with USCIS and it is taking much longer than expected.  Can i bring my wife to the US on a tourist visa while I-130 is processing? Our intention is to stay in the U.S. (on tourist visa) until we get an appointment at the embassy for the interview. I'm aware that tourist visa is only valid for 6 months. Spouse will exit the US before tourist visa expires. My nationality is USC. Would there be any issues at the border if the visitor visa is stamped at the embassy? 

There's a question on the DS160 asking if an immigrant petition was filed for the beneficiary. Obviously, the answer would be YES. That's clearly immigrant intent. Highly unlikely that she will be granted a B2 visa. It's very hard to overcome the tie of having a USC spouse. But you can still try if $160 is no biggie. Good luck!

Share this post


Link to post
Share on other sites
1 hour ago, Libin222 said:

I have a pending I-130 for my spouse with USCIS and it is taking much longer than expected.  Can i bring my wife to the US on a tourist visa while I-130 is processing? Our intention is to stay in the U.S. (on tourist visa) until we get an appointment at the embassy for the interview. I'm aware that tourist visa is only valid for 6 months. Spouse will exit the US before tourist visa expires. My nationality is USC. Would there be any issues at the border if the visitor visa is stamped at the embassy? 

So your intention is for her to de facto live with you until you get a different visa making it legal? Not really what a  tourist visa is for.

Some people are successful getting tourist visas while an I130 is pending, some not. All you can do is apply and see.

 

What do you mean "Would there be any issues at the border if the visitor visa is stamped at the embassy? " Why would a visa be stamped at an embassy, it is stamped on entry into the US?

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...