Tourist Visa Likely after NOA2?

[James D 39]

I see there may be as many as five or six months between NOA2 approval and the Consular visit. We hope to receive the NOA2 within a month or two (PD is 10/11/2018) but would like to visit the US for the holidays in November or December. Any chance on getting a tourist visa for my Brazilian wife? She has been to the US many times without violating the dates of previous visas.

Edited October 9, 2019 by James D

[Crazy Cat 39,258]

3 minutes ago, James D said:

I see there may be as many as five or six months between NOA2 approval and the Consular visit. We hope to receive the NOA2 within a month or two (PD is 10/11/2018) but would like to visit the US for the holidays in November or December. Any chance on getting a tourist visa for my Brazilian wife? She has been to the US many times without violating the dates of previous visas.

Is there a chance?  Yes.  But I would not be optimistic..........I would have a plan B ready....like getting together outside the US.

[payxibka 10,044]

4 minutes ago, James D said:

I see there may be as many as five or six months between NOA2 approval and the Consular visit. We hope to receive the NOA2 within a month or two (PD is 10/11/2018) but would like to visit the US for the holidays in November or December. Any chance on getting a tourist visa for my Brazilian wife? She has been to the US many times without violating the dates of previous visas.

Only one way to find out.   $160 gamble and a visit to the consulate  

[p-ana 933]

If she visited many times before what kind of visa did she have? If it’s just renewing a b1/b2 it shouldn’t be too hard.

 

if it’s a brand new application, she must have ties to show she’s coming back and it will be complicated with a pending immigrant petition filed for her.

 

like others said, the only way to find out is trying 

[James D 39]

Just now, p-ana said:

If she visited many times before what kind of visa did she have?

....

 

She had tourist visas when she was younger and a resident visa for 26 years after we married.

 

Just now, p-ana said:

if it’s a brand new application, she must have ties to show she’s coming back and it will be

like others said, the only way to find out is trying 

Moved to Brazil, tried to keep the I-130 valid visiting every year but health and medical situations forced us to officially "abandon" the I-130. Applied for a new I-130 as we want to move back to the US. On hindsight we should have tried to visit the US after two years absence --- might have been able to avoid all the new regulations.

 

We do have financial ties here (Brazil) presently but plan to sell interests if and when the I-130 is approved.

[James D 39]

13 minutes ago, payxibka said:

Only one way to find out.   $160 gamble and a visit to the consulate  

More like $500 including the trip to the nearest consulate.... And already paid for that once but health got in the way.  But it is an option. As long as there is no rule against it.

[Dashinka 23,247]

10 minutes ago, James D said:

More like $500 including the trip to the nearest consulate.... And already paid for that once but health got in the way.  But it is an option. As long as there is no rule against it.

Nope, no rule against trying.

 

Good Luck!

[SalishSea 16,772]

26 minutes ago, James D said:

She had tourist visas when she was younger and a resident visa for 26 years after we married.

 

Moved to Brazil, tried to keep the I-130 valid visiting every year but health and medical situations forced us to officially "abandon" the I-130. Applied for a new I-130 as we want to move back to the US. On hindsight we should have tried to visit the US after two years absence --- might have been able to avoid all the new regulations.

 

We do have financial ties here (Brazil) presently but plan to sell interests if and when the I-130 is approved.

This doesn't really make sense.  Do you mean that she held a green card previously?

[Boiler 43,438]

Sounds like a I 407 was filed, better chance than normal for this sort of case.

[ViktorS 11]

Word of caution: your wife will need to fill DS-160 which has a question about relatives in the US. She should include you as her husband. Misrepresenting this info may lead to CR1/IR1 denial. Having husband as a relative on DS-160 will likely cause the questions about immigration intent which will lead to B1/B2 denial. So, Brazil may be a better place to celebrate the holidays. 

[DeParaquedasBrasi 228]

Honestly I highly doubt she’ll get approved. Like you, I myself live in Brazil with my Brazilian wife. We tried to get her a tourist visa for her to go visit my family since we had no intentions to live in the USA at the time. It was an immediate no the moment they saw that I was American. On the 3rd attempt the man was actually nice (for once) and told my wife that she was “a strong threat to the United States in becoming an illegal immigrant” and that she needed to apply for the green card if she ever wanted to go to America. We’re now in that process unfortunately, it’s not what we want, but my parents are getting old and I have to go back and forth without her. The tourist visa would have been ideal since we could live in Brasil while going to America  periodically.........but apparently everyone is dying to get into America according to the government. You best bet is to try, but I would definitely make plans to stay here bro. The fact that she has an open I-130 case already proves she has intent to migrate back.......I learned that from an ex-counselor officer. 

[James D 39]

On 10/11/2019 at 8:34 PM, JesseTovar said:

Honestly I highly doubt she’ll get approved. Like you, I myself live in Brazil with my Brazilian wife. We tried to get her a tourist visa for her to go visit my family since we had no intentions to live in the USA at the time. It was an immediate no the moment they saw that I was American.... Your best bet is to try, but I would definitely make plans to stay here bro. The fact that she has an open I-130 case already proves she has intent to migrate back.......I learned that from an ex-counselor officer. 

I brought this up with my wife - my idea to try for a tourist visa. On the likelihood that she would not get one, I was wondering if anyone has tried this with the I-130 in progress. Does the rejection affect the I-130? We are at the one year point - 366 days - and hope to receive an NOA2 soon, but I see there is an average of 5 moths to get the consular visit. That is why I thought about a tourist visa in the meantime. Thanks for your answer!

[Ryan H 3,790]

5 hours ago, James D said:

Does the rejection affect the I-130?

 

No

[Gitana 11]

I got tourist visa with pending immigration case. My case was finalized in 2016 and sits at the embassy as I keep postponing interview. So when last year we had to go for my sister in law wedding i got tourist visa, but only with 2 month validity and endorsement specifying that it's for going for the wedding:))) Consul told he actually wasn't suppose to give it to me since i have immigration case going on, but i guess i convinced him

[James D 39]

On 10/14/2019 at 4:48 PM, Gitana said:

I got tourist visa with pending immigration case. My case was finalized in 2016 and sits at the embassy as I keep postponing interview. ... Consul told he actually wasn't suppose to give it to me since i have immigration case going on, but i guess i convinced him

I think we have enough going on here to prove my wife would return - two properties with rentals, official financial responsibility for my bed-ridden mother-in-law, so it is probably more likely to be approved before a 129f. But your consular visit - doesn't it have to take place within a certain time frame?