Can wife visit here on a visitor's visa while I-130 pending?

[SusieK 3]

I sent in I-130 app back in Sept 07. I am still waiting for NOA1 (I-797) which should not come as a surprise to anyone familliar with the comments USCIS has been posting lately in their weekly updates.

Does anyone know

1) If I can have my wife apply for a tourist visa while the K3 application is currently pending

2) If there are any LEGAL restrictions against applying for a tourist visa while the K-3 (I-130 and I-129F) is in process

3) If there are any LEGAL restrictions against travelling to the US on a tourist visa that will jeopardize the K-3 visa application

Please don't opinionate. If you know any links to the uscis that touch this topic or have first hand actual case experience please share them. I couldn't find any conclusive evidence one way or the other in the forums.

Thanks to all contributors

oa

As far as I know you cannot apply for any other visa while this one is in place. Depends on which country your person is from. Better that you go and visit or meet up in another city.

noooooooooooooooooooo dont do that lol - sorry but my husband did that even before the file was sent and London said no way Jose, strong ties to the USA - denied for six month visa - at least we were honest - but all is causes is heartache and even tho this wait is heartwrenching beyond.....dont...dont....dont

Cheers and hang in there

Susie

[SusieK 3]

I sent in I-130 app back in Sept 07. I am still waiting for NOA1 (I-797) which should not come as a surprise to anyone familliar with the comments USCIS has been posting lately in their weekly updates.

Does anyone know

1) If I can have my wife apply for a tourist visa while the K3 application is currently pending

2) If there are any LEGAL restrictions against applying for a tourist visa while the K-3 (I-130 and I-129F) is in process

3) If there are any LEGAL restrictions against travelling to the US on a tourist visa that will jeopardize the K-3 visa application

Please don't opinionate. If you know any links to the uscis that touch this topic or have first hand actual case experience please share them. I couldn't find any conclusive evidence one way or the other in the forums.

Thanks to all contributors

oa

As far as I know you cannot apply for any other visa while this one is in place. Depends on which country your person is from. Better that you go and visit or meet up in another city.

noooooooooooooooooooo dont do that lol - sorry but my husband did that even before the file was sent and London said no way Jose, strong ties to the USA - denied for six month visa - at least we were honest - but all is causes is heartache and even tho this wait is heartwrenching beyond.....dont...dont....dont

Cheers and hang in there

Susie

[GnomeGrrl 0]

The Consulate here in New Zealand's website says no way can you travel to the US while the immigrant visa is being processed. We're eligible for VWP, so I called them to ask if I could travel on that just for a couple of weeks.

I was told that I could try it, but there would be no guarantee of admission at the POE. If I did try, I was advised to take as much proof of my ties to my home country - evidence that I was still employed, was still paying a mortgage on my house, that I was leaving my children (who will be immigrating with me) behind etc etc. Even then, she said, it was completely up to the luck of the draw with the officer and there were no promises I'd actually get in.

We decided not to try. It's an awful lot of money to travel and not be able to see your loved one. A denial at the POE would've pushed me over the edge, I'm afraid ...

On the bright side, after hearing me nearly in tears, the Consulate did promise to make things go as fast as humanly possible once they received my file.

[gwenneh 7]

My husband is here with me now, and our petition is in process. He entered on the VWP with no issues. We e-mailed the consulate beforehand just to make sure.

He also waited out most of the K-1 (when we did that) with me here on the VWP as well. Again, no problems.

We have always traveled armed with information about ties to the UK, but have never needed it.

From the Consulate: "Thank you for your e-mail correspondence. From the information you have provided below, there is nothing that indicates your husband would not be eligible to travel visa free under the Visa Waiver Program (VWP) if otherwise qualified. Provided that he meets all the conditions of the VWP, you husband is not required to apply for a visa. Please refer to the U.S. Embassy website: http://london.usembassy.gov/cons_new/visa/niv/vwp.html for a detailed explanation of the Visa Waiver Program requirements."

Edited November 24, 2007 by Gwen666

[hawaiiandreams 0]

So far, I have travelled to the US 3 times while my i-130 was pending.. each time I entered, I was taken aside and questioned by the customs officials. My take on the whole thing was that they just wanted to verify my story and make sure my visit as a "tourist" was legitimate.

However I can no tell you how theis varies depending on the country you are from. As an aussie I fall under the "visa waiver" programme so I don't need to worry about applying for a tourist visa before I get there.. I basically get the stamp upon arrival in the States. Although each time I go through, I do beg and pray the customs official is in a good mood!

[mikeandlani 0]

Now, I"m a little worried. My Husband has already booked his flight over for April. I just hope the POE lets him in.

don't be. he only needs to prove at the POE that he's just on a visit with every intention of returning to his home country. i spent christmas last year with my husband all that was necessary was to show the officer my return ticket and it was a breeze.

[mikeandlani 0]

I sent in I-130 app back in Sept 07. I am still waiting for NOA1 (I-797) which should not come as a surprise to anyone familliar with the comments USCIS has been posting lately in their weekly updates.

Does anyone know

1) If I can have my wife apply for a tourist visa while the K3 application is currently pending

2) If there are any LEGAL restrictions against applying for a tourist visa while the K-3 (I-130 and I-129F) is in process

3) If there are any LEGAL restrictions against travelling to the US on a tourist visa that will jeopardize the K-3 visa application

Please don't opinionate. If you know any links to the uscis that touch this topic or have first hand actual case experience please share them. I couldn't find any conclusive evidence one way or the other in the forums.

Thanks to all contributors

oa

hmmm...no restrictions, but you might have a problem though in securing the tourist visa. a tourist visa application after the filing of the I130 most often than not gets a denial. I130 presupposes that the applicant has intentions to immigrate, hence, fails to establish the required ties back home.

Edited November 24, 2007 by mikeandlani

[JenAlex 0]

Now, I"m a little worried. My Husband has already booked his flight over for April. I just hope the POE lets him in.

don't be. he only needs to prove at the POE that he's just on a visit with every intention of returning to his home country. i spent christmas last year with my husband all that was necessary was to show the officer my return ticket and it was a breeze.

Thank you for the reassurance. We're just going to make sure he has lots of documentation that he has strong ties to Scotland.

[natty bumppo 289]

Well, I did that 2 times. First right after the marriage here in my country. They gave me a Visa valid for only 3 months or one trip visa. after 6 months I applied again and they gave me a 5 years Visa for visitor (multiple entries). At that time I was working and took a month vacation to spend with my husband. Didn't have any problem. Now I have my final interview date scheduled for December. No worries.

I had the same experience

Just be honest and have your documentation in order ... complete with ties to the "home" country

[Milton y Claudia 0]

The USCIS should change the process of the petition

and give some sort of temporary Visa for Persons who already applied for a CR1/IR1

until process is completed, obvious with some sort of limitations & rules. They can raise the costs

i know that the majority of people would pay anything just to be with your spouse or husband

a short time in the US.

The K3 or CR1/IR1 is taking to long and would take long since they received Millions of petitions.

[JenAlex 0]

Your solution is to logical for USCIS to implement.

[Brian&Mel 0]

How about those who already have a B2 visa?

I applied a B2 visa in 2006 (was granted a 10 years visa) and had since visited USA 3 times and got married in the recent trip (12/12).

Came back to my country and my husband will file for a K3 visa. I planned to visit USA in Mac/Apr and we are worried about denial of entry at POE. My husband plan to travel with me to make it easier at POE. Meanwhile we are gathering evidence (return ticket, parking ticket at the airport, car grant, etc) that tie me back to my home country!

We are also prepared to be honest to the office at POE to make our lives easier and do not want to give them any opportunity to catch us lying. So we decided to tell them that we are pending for our K3 visa (only of they ask) and I will need to return to Malaysia for my medical check up and interview to complete the process.

We will never know whether they will allow me in but with my husband standing beside and the evidences that we have, we surely hope that they will let me in as all I want is to be with my husband.

Keeping our fingers crossed!

[✿Ice Rain✿ 0]

Hmmmm.....my wife went to the Malaysian embassy on March of 2007 with the intend to ask for a tourist visa to visit me in Kansas. She brought along a few paper work such as our I-130 NOA1 and other stuff showing her financial statements from the banks, marriage certificate, our bio-graphic and also a copy of the I-130 itself. The counselor looked through the paperwork and repeatedly asked her why it took me this long to apply for the I-130 as we were married in July of 2006 and I did not apply for the CR-1 until February of 2007. He was very rude to the Mrs. and refused to accept her answer which was at the time I was applying for several jobs in Malaysia as an ex-pat. As he browse through the paperwork he noticed the NOA1 and immediately stamped B1 visa approved for 90 days only.

She made it here at the end of April. Upon her arrival, the immigration officer gave her 6 months period to visit here. We had a blast travelling through the country. Celebrate our first wedding annivessary in Vegas. After 2.5 months, we sadly had to depart temporarily until I visited her in October. So......who is right as I have the prove that my wife was here during the summer of 2007.

futballdad

Hi,

where in Kansas you from? as my husband is from Kansas too...

[mrs. hooks32 1]

Now, I"m a little worried. My Husband has already booked his flight over for April. I just hope the POE lets him in.

don't be. he only needs to prove at the POE that he's just on a visit with every intention of returning to his home country. i spent christmas last year with my husband all that was necessary was to show the officer my return ticket and it was a breeze.

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hello there can i ask a little question how u apply for temporary visa to visit cos i was wanting to see my huband when he gets home form iraq the I 130 wa s already filed,, i hope u can help me,,or advise me..i eally wanna see my huband after he come off in the plane

[Delicia 1]

It is possible, but not probable to get a B1 for a pending immigrant. Fortunately, my husband already had a valid B1/B2 before we applied and he has used it a few times to enter the U.S. to visit since application.