I didnt attend my interview appointment

[Arielle_123 2]

Can anyone advise me on my situation please..My US petition was approved since June 1,2019 under IR-5 category. But due to other circumstances, I was not ready to migrate to the US so I rescheduled my appointment 3-4 times. Then pandemic came and  Phil US Embassy is not accepting appointments at the moment. My questions, is my petition still valid even if I didnt appear on my last appointment? I have no intention to live in the US for good, is it possible to apply 
for a tourist visa even if I already have an approved petition? Is that a reason for visa denial if in case I just want to apply for a tourist visa rather than going through with my petition..the only reason I want to go to the US is to visit my daughter and her family every once in awhile.
Thank you for your replies.
 

[Crazy Cat 39,213]

1.  You are certainly free to apply for a tourist visa. 

2.  I-130s don't expire. 

3.  Your previously having shown immigrant intent can certainly be a factor in the officer's decision.

Edited June 10, 2021 by Lucky Cat

[Crazy Cat 39,213]

****Moved to Tourist Visas forum as OP wants to apply for a B2*****

[SusieQQQ 11,584]

1 hour ago, Arielle_123 said:

Can anyone advise me on my situation please..My US petition was approved since June 1,2019 under IR-5 category. But due to other circumstances, I was not ready to migrate to the US so I rescheduled my appointment 3-4 times. Then pandemic came and  Phil US Embassy is not accepting appointments at the moment. My questions, is my petition still valid even if I didnt appear on my last appointment? I have no intention to live in the US for good, is it possible to apply 
for a tourist visa even if I already have an approved petition? Is that a reason for visa denial if in case I just want to apply for a tourist visa rather than going through with my petition..the only reason I want to go to the US is to visit my daughter and her family every once in awhile.
Thank you for your replies.
 

When you ever get an appointment again, tell the CO you don’t want the immigrant visa and can you please have a tourist visa instead. This worked for me many years ago in another country but I imagine the principle is still pretty much the same (even if the method is different  - the CO held up my paper IV file and said are you sure and I said yes and he ripped it up and put it in the trash 😀)

[Adventine 3,187]

If you're 100% sure that you don't want to immigrate to the US, and only want to visit your family from time to time, you can go ahead and apply for a tourist visa. However, I don't think the US embassy in Manila has resumed tourist visa interviews for first time applicants. They are only processing tourist visa renewals, that don't need face to face interviews. Be prepared to wait until 2022 for an interview.

Edited June 10, 2021 by Adventine

[nastra30 1,979]

9 hours ago, Arielle_123 said:

Can anyone advise me on my situation please..My US petition was approved since June 1,2019 under IR-5 category. But due to other circumstances, I was not ready to migrate to the US so I rescheduled my appointment 3-4 times. Then pandemic came and  Phil US Embassy is not accepting appointments at the moment. My questions, is my petition still valid even if I didnt appear on my last appointment? I have no intention to live in the US for good, is it possible to apply 
for a tourist visa even if I already have an approved petition? Is that a reason for visa denial if in case I just want to apply for a tourist visa rather than going through with my petition..the only reason I want to go to the US is to visit my daughter and her family every once in awhile.
Thank you for your replies.
 

If you don't want to live in the US for good, an alternative strategy will be get your green card, then live in the US for 5+ years, get your US citizenship, and go live wherever you want to live after that.

[igoyougoduke 1,604]

3 hours ago, nastra30 said:

If you don't want to live in the US for good, an alternative strategy will be get your green card, then live in the US for 5+ years, get your US citizenship, and go live wherever you want to live after that.

that is not what OP asked ...

[retheem 553]

20 minutes ago, igoyougoduke said:

that is not what OP asked ...

But it's a more viable solution...

[Letspaintcookies 2,206]

18 minutes ago, igoyougoduke said:

that is not what OP asked ...

But an option since there are quite some things that will be held against OP when applying for a tourist visa ( child living in the US, shown immigrant intend with the current application...).

[SusieQQQ 11,584]

1 hour ago, retheem said:

But it's a more viable solution...

How is paying for all the process of and getting a green card and living in the US for 5 years (remember this person does not want to live in the US) and going through the cost and delay of naturalization and then being liable for US taxes for the rest of your life more viable than just saying “I have the opportunity to immigrate, I don’t want it, can I have a tourist visa instead”?

[SusieQQQ 11,584]

1 hour ago, Letspaintcookies said:

But an option since there are quite some things that will be held against OP when applying for a tourist visa ( child living in the US, shown immigrant intend with the current application...).

You’re missing the point. If they wanted to immigrate they could just proceed with the immigrant visa. The fact that they don’t want to and can withdraw the application is in fact a strong rebuttal of immigrant intent. 

[Arielle_123 2]

4 hours ago, SusieQQQ said:

How is paying for all the process of and getting a green card and living in the US for 5 years (remember this person does not want to live in the US) and going through the cost and delay of naturalization and then being liable for US taxes for the rest of your life more viable than just saying “I have the opportunity to immigrate, I don’t want it, can I have a tourist visa instead”?

On point..I also thought of the idea of staying for a year or so then exit US then go back but I believe  there are Immigration laws that I will be violating or so and considering the expenses too..and yeah being liable for US taxes.. before I decided to let my daughter filed the petition for me things were different then but now all I want is a tourist visa that would let me enter US without further obligations on my part.

[nastra30 1,979]

6 hours ago, igoyougoduke said:

that is not what OP asked ...

Well op did mention she didn't want to stay in the US for good so taking it literally, what I said is an option. Maybe she hasn't thought about it, so something to think about if getting tourist visa will be difficult for her. I stand by what I'm saying it's an option. There's a threshold on which US citizens living abroad actually have to pay taxes on, I understand but op can look into it. All I'm saying is it's an approach she can consider and it's perfectly legal.

[nastra30 1,979]

5 hours ago, SusieQQQ said:

How is paying for all the process of and getting a green card and living in the US for 5 years (remember this person does not want to live in the US) and going through the cost and delay of naturalization and then being liable for US taxes for the rest of your life more viable than just saying “I have the opportunity to immigrate, I don’t want it, can I have a tourist visa instead”?

Op, said doesn't want to live in the US 'for good'. To me it means she doesn't want to live in the US forever, so what I said is something she can think about. To some people seeing their family members with ease is more rewarding and satisfying than money spent. 

[nastra30 1,979]

6 hours ago, Letspaintcookies said:

But an option since there are quite some things that will be held against OP when applying for a tourist visa ( child living in the US, shown immigrant intend with the current application...).

Agree. Something op can think about.