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LObiadi

Can my spouse visit if I'm having surgery while I130 is pending

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Filed: Other Country: South Africa
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I am having major surgery early next year. We filed our I-130 in August, so obviously we have no updates on progress and probably won't for a long time. Is it possible for my husband to apply for a travel visa to come to the U.S. to be with me for my surgery and help me during recovery for a couple of weeks, or is it an issue since we filed our I-130?

Thanks.

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You can try but there is no guarantee it will be approved.

I think it would be better trying to expedite your case.

Edited by Allaboutwaiting
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Filed: Other Country: South Africa
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3 minutes ago, Allaboutwaiting said:

You can try but there is no guarantee it will be approved.

I think it would be better trying to expedite your case.

Ok. How do I go about that expediting process?

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from US Immigration News to the CR-1 Process forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Morocco
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many have asked "can my mother come on tourist visa to help me as i  am pregnant?"

and anwser is "not allowed to work while on a tourist visa "   

isn't this the same kind of work????

 

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Filed: Other Country: China
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5 hours ago, JeanneAdil said:

many have asked "can my mother come on tourist visa to help me as i  am pregnant?"

and anwser is "not allowed to work while on a tourist visa "   

isn't this the same kind of work????

 

It's the same kind of work but this kind of "work" definitely IS allowed.  Washing dishes is work.  Is your visiting parent not allowed to wash dishes in your home when visiting?  Sheesh.

 

That said, the spouse with immigrant intent is unlikely to be granted a visitor visa during their immigrant visa process.  They are allowed to visit if they already have the visa or are from a country from which visitors do not need visas.  Visitors are definitely allowed to cook, clean, do yard work, etc. while visiting.  The just can't become "employed".  Note what we often refer to as "work authorization" is really "Employment Authorization".  EAD stands for Employment Authorization Document.

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Filed: IR-1/CR-1 Visa Country: Russia
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This is a question that comes up a lot and everyone is giving you good answers.

I just want to point out one aspect that is not always highlighted:

It is totally possible and allowed for your husband to apply for a tourist visa. It is absolutely fine for someone who filed an I-130 and therefore has a clear immigration intent to apply for a B1/B2 non-immigrant visa, as long as all the information you give on the application is truthful. As people have pointed out, there is a significant chance the B1/B2 application will be denied, but if you don't mind the cost and effort it may be worth trying. A denial will not be held against you for your I-130, it will not hurt your case as long as you are being open and honest during your B1/B2 application.

(If it does get denied you will have to mention this in the DS-260 form when you get to the NVC stage. But it does not hurt your case.)

At the same time you should definitely explore the possibility to expedite your I-130.

 

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Filed: Other Country: South Africa
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12 minutes ago, Wouter said:

This is a question that comes up a lot and everyone is giving you good answers.

I just want to point out one aspect that is not always highlighted:

It is totally possible and allowed for your husband to apply for a tourist visa. It is absolutely fine for someone who filed an I-130 and therefore has a clear immigration intent to apply for a B1/B2 non-immigrant visa, as long as all the information you give on the application is truthful. As people have pointed out, there is a significant chance the B1/B2 application will be denied, but if you don't mind the cost and effort it may be worth trying. A denial will not be held against you for your I-130, it will not hurt your case as long as you are being open and honest during your B1/B2 application.

(If it does get denied you will have to mention this in the DS-260 form when you get to the NVC stage. But it does not hurt your case.)

At the same time you should definitely explore the possibility to expedite your I-130.

 

Ok good to know. Thank you so much. 

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29 minutes ago, LObiadi said:

Ok good to know. Thank you so much. 

A buddy of mine (from SA) got a B1/B2 visa while his i-130 was pending (and he had a denial beforehand). They asked why he couldn't wait for his CR1 to come through and he told them the reason for his visit. He gave convincing evidence on why he wouldn't adjust status (job, housing contract, other strong ties to SA). I believe he wasn't given a 10 year visa but a shorter term but he did receive a non-immigrant visa after that interview.

Your spouse should be totally honest with the interviewer about why he needs to be with you and show that he will indeed return to SA after the surgery/ recovery. 

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