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JAC&MEH

Obtaining a Visitor Visa with an I-130 Pending

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Filed: IR-1/CR-1 Visa Country: Mexico
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This is a shot in the dark and it is quite possible that this has been addressed elsewhere in the forums but I am certain I will be chastised and corrected should that be the case.  I am one of the unlucky ones that has been assigned to the Nebraska Service Center with Visa Journey timeline estimates of 1 year from now for approval.  That aside, I am trying to bring my spouse up from Mexico and there is currently at least a 1 year wait for interviews in Juarez.  All in all we're looking at well in excess of 2 years before I will actually be able to spend any time with my wife in the US.  She currently has no US visitor visa and has never been in the US.  I know what you're thinking.... this is exactly what the K3 is supposed to address but I'm being told that the K3 does not actually exist in common practice anymore.  I am, however, also submitting my K3 package tomorrow - for whatever that is worth.  Since I would actually like for her to spend a little time in the US with my family and me and see the country, I am researching other options.  Since I have NO expectation that we will actually be granted a K3, I am looking at having her apply for a visitor visa but then you have the whole "non-immigrant intent" issue.  I have been told that it is not technically impossible to obtain a visitor visa with a pending I-130 so it sounds like there is at least a bit more of a chance that she could get a visitor visa than a K3 which in both cases would accomplish the same thing for us.  

 

Now that I have laid the groundwork, what I am looking for is advice from those long-time forum members and hopefully even those of you that have been successful in obtaining a visitor visa while having a pending I-130.  What can I do to improve our chances?  What can I do to bolster her case?  I know there will be plenty of people that are happy to chime in to tell me that it is a hopeless proposition but what I'm really needing is some constructive advice.  Anyone?

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Is nothing YOU can do. 

She is the person who needs to prove strong ties with her country.  A stable job, a house, etc...

 

The fact that she never visited the US before and now that she is applying for a immigration visa, and this one is in Nebraska Center can maybe makes the CO have some doubts about the visit.

 

But, nobody can really tell you what will happen. Mexico have a long line of people waiting for their visas and unfortunately she can't jump it.

 

Be patient and visit her more time. I'm sure you family can wait.

 

I'm with my husband for 4 year (2 years married) and just traveled to the US when I get my CR1. Was my first time here and meeting his family.  Everything is just fine and I'm sure she will be fine too. 

 

Good luck

 

 

 

 

Edited by Juli.

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Feel free to try to get a tourist visa.  It is not technically impossible to get.   If she had applied for a visa prior to you filing the I-130 it might have been a different story.  It will be hard to get a visa with stronger ties to you the USC then wanting to wait it out in Mexico.  Having zero prior international travel also does not help.

 

It is free to file for the K3 but for a K3 to be issued the I-130 will need to be approved. . . 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: K-1 Visa Country: Wales
Timeline

Good job, solid ties, how long does she want to cone for?


“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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Filed: AOS (apr) Country: Russia
Timeline
1 hour ago, JAC&MEH said:

This is a shot in the dark and it is quite possible that this has been addressed elsewhere in the forums but I am certain I will be chastised and corrected should that be the case.  I am one of the unlucky ones that has been assigned to the Nebraska Service Center with Visa Journey timeline estimates of 1 year from now for approval.  That aside, I am trying to bring my spouse up from Mexico and there is currently at least a 1 year wait for interviews in Juarez.  All in all we're looking at well in excess of 2 years before I will actually be able to spend any time with my wife in the US.  She currently has no US visitor visa and has never been in the US.  I know what you're thinking.... this is exactly what the K3 is supposed to address but I'm being told that the K3 does not actually exist in common practice anymore.  I am, however, also submitting my K3 package tomorrow - for whatever that is worth.  Since I would actually like for her to spend a little time in the US with my family and me and see the country, I am researching other options.  Since I have NO expectation that we will actually be granted a K3, I am looking at having her apply for a visitor visa but then you have the whole "non-immigrant intent" issue.  I have been told that it is not technically impossible to obtain a visitor visa with a pending I-130 so it sounds like there is at least a bit more of a chance that she could get a visitor visa than a K3 which in both cases would accomplish the same thing for us.  

 

Now that I have laid the groundwork, what I am looking for is advice from those long-time forum members and hopefully even those of you that have been successful in obtaining a visitor visa while having a pending I-130.  What can I do to improve our chances?  What can I do to bolster her case?  I know there will be plenty of people that are happy to chime in to tell me that it is a hopeless proposition but what I'm really needing is some constructive advice.  Anyone?

you never know until you try. what is the worst that can happen ? they will deny visitor visa. You never know until you try as every case is unique and the burden is on her to prove the ties to home country 


31-Jan-2020 : I-485 Filed

17-Feb-2020: I-765/I-131 Filed

24-May-2020: I-765/I-131 approved

31-May-2020: EAD/AP Combo Card received

05-Oct-2020: Biometrics Scheduled

20-Oct-2020: Biometrics Complete

30-Nov-2020: EAD/AP Renewal Filed

04-Dec-2020: AOS Case Was Transferred And A New Office Has Jurisdiction 😂😂 - Transfer from CSC to Nebraska Service Center  

13-Jan-2021: EAD/AP USCIS processed renewal

25-Jan-2021: EAD/AP renewal TExt message for case received

30-Jan-2021: EAD/AP renewal Receipts received

15-Mar-2021: AOS Approved - Card Production Sent

20-Mar-2021: Card Received in Mailbox

 

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
10 hours ago, Paul & Mary said:

Feel free to try to get a tourist visa.  It is not technically impossible to get.   If she had applied for a visa prior to you filing the I-130 it might have been a different story.  It will be hard to get a visa with stronger ties to you the USC then wanting to wait it out in Mexico.  Having zero prior international travel also does not help.

 

It is free to file for the K3 but for a K3 to be issued the I-130 will need to be approved. . . 

Since we have been assigned to Nebraska and with the long wait for interviews in Juarez, we're looking at a minimum of 2 years.  I never claimed she had no prior international travel.  She has traveled a fair amount in the Caribbean and Europe; just never into the US.

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
10 hours ago, Donald120383 said:

you never know until you try. what is the worst that can happen ? they will deny visitor visa. You never know until you try as every case is unique and the burden is on her to prove the ties to home country 

You are of course correct.  I was worried at first that it might reflect badly on her pending I-130 but from what I read, it does not have a bearing. 

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