ohcharles

13 minutes ago, Jorgedig said:

You're trying to get a tourist visa with a pending spousal visa?

People have done that before.

So would you all recommend not to even try?

Yes. My main intention was to just be in the US. And they will probably reject it off of that assumption?

Am I not allowed to be desperate? I want to be in the US with my spouse.

The Islamabad and Karachi appointments are all the way in 2023 now. Is there any chance that appointments might get rescheduled to be sooner?

1 minute ago, Crazy Cat said:

Not much of a chance since the OP has immigrant intent.  

Even if I go for masters?

I have graduated in Pakistan with a bachelor's. Could I apply for a community college, and attempt to get my associate's degree and study in the USA? I also am currently waiting on spousal visa to be completed as well.

Was this just by chance? My case is currently in Texas. Would it be wise to request a move to Vermont? We submitted in March.

13 hours ago, SusieQQQ said:

What processing are you expecting at this stage? Have you made an appointment?

Sorry, I should have mentioned it was for the DS-160 form. My wife hasn't made an appointment. She just submitted it in late May(This is for the DS-160 form, not the i-130 form). So I am not sure what the process is. I'll look at the guide and see what she could expect. There's been no action done on our end nor have we received any follow up.

Ah ok. I see the confirmation number. It's showing up as No Status. Does that mean it hasn't been processed yet?

We got a receipt, however we didn't get a case number yet. I am guessing we will get it via the email?

18 minutes ago, teddy k said:

All I can say is good luck on your adventure because immigration has so many twist and turns especially now with this virus, don't try to move to fast to make a mistake because then it will cost you like trying to go what you think is the easy way only to find out it's not

Thank you! I will take it day by day. As hard as it is.

1 minute ago, Dashinka said:

Actually, they are required by law to presume immigration intent for anyone from any country applying for a tourist visa.  My now wife applied twice when we were dating, with a solid job, property and family and was rejected both times out of what we assume was a feeling that single women from Eastern European countries were not a good bet for a B2.  That being said, all you can do is try.

 

Good Luck!

Thanks friendo!

Just now, Letspaintcookies said:

You still have to get a visa first and like others pointed out before the COs most likely don't care about what was said about the timeframe in the DS-160. Doesn't matter if you say two weeks or 6 months for your chances to get a visa.

 

yeah i get it now. they are suspicious of everyone especially from pakistan

2 minutes ago, Zoeeeeeee said:

The length of time she puts on the visa application really isn't the important part of this equation...whether she says she wants to visit for 2 weeks or 2 months doesn't make her any less (or any more) of a risk in terms of not returning home - she could choose to do that even on a 1 day visit.

 

What is important is showing ties to her home country, as many others have already said. But as she has no job, no property ownership or lease and has already shown immigration intent (the pending CR1 application)...then realistically, she has no ties. 

 

By all means, apply...but be prepared that it's unlikely to be successful and will cost you money. Alternately, rather than wasting time and money, why don't you visit her instead? After all, you're going to need to evidence time spent together for her CR1 to be approved, so the more visits you can fit in, the better.

Because work. I can’t afford taking so much leave from work. I do have a good chunk saved up, nearly two months but i’d ideally spread that out over the upcoming year and visit her at two weeks at a time. But that is my plan. I am going back to visit soon.  and i will use it all up, but i’ve even considered getting a job in dubai just to be with her.

4 minutes ago, Chancy said:

 

Well, you are jumping the gun by worrying about CBP before your wife even gets a visa.  The first person to convince is the consul officer, and typically, the CO does not look at any paper documents brought by the applicant to the tourist visa interview.  In most cases, the CO decides on the case based mainly on the information provided in the DS-160 form, and the interview is just for final confirmation.

 

Unfortunately, by having a USC spouse, a pending immigrant petition, and no job in Pakistan, your wife's DS-160 will heavily skew the CO's opinion toward her not having enough ties to home country.  If so, this would likely result in visa denial due to INA 214(b) -- applicant did not overcome the presumption of immigrant intent.  Still, the only way to find out for sure is for your wife to apply.

 

If your wife does get a tourist visa, I recommend this thread for suggestions on what documents to bring that might help to convince the CBP officer to allow entry --

 

 

Thank you for the info!

2 hours ago, aaron2020 said:

The US Embassy is unlikely to grant her a visitor visa.  They will not believe that she is going on vacation.  They will view this as her attempting to come live with you for 6 months.  

What if I just have her come visit for a month at a time, go back to pakistan and come back after two months? (Flight is brutal). And just keep that going until i-130 is done?

8 minutes ago, Letspaintcookies said:

You're in a process to make her permanently move away from her social life. How should it help on her tourist visa application that all her family and friends are there and that's the reason why she'll come back after her allowed tourist stay is up if she's already showing intent to leave them behind for good? 

 

She has all the red flags even if y'all want to do it right. The least would be to be already enrolled in the master program you're talking about. 

What do you mean do it right? How else would I want to do it? I am not intending to skirt around anything. I just want to be with my wife. Like I am sure a lot of people who are going through this process. If the tourist visa isn't the right way to go about it, I'll go about it in a different way.

Just now, SusieQQQ said:

Look at it a different way. COs are oh so used to people saying they’ll stay for 3 weeks when they want to stay for months. And they’re trained to read people. If you purposely misrepresent the intended length of stay on her application and they start asking her about it, it’s going to look like she lied to try get a visa under false pretenses. No way they’ll issue her a visa then. Be truthful.

If you ask me, the bigger issue is not how long you list the visit for (as another pointed out above this can always change), it’s the fact that she (1) has a husband in the US and (2) obviously does not have any big ties to Pakistan (if she can be out the country for 6 months). 1 + 2 very likely = no visa regardless the length of time you put.

Yeah that is a good point you bring up about 2. I mean she will be homesick of course, but yeah she has no legal or financial ties to the country. It is her home, but she also really wants to be with me. 

1 minute ago, Chancy said:

 

Because your wife does not have a tourist visa yet, what CBP will ask is irrelevant at this point.  Only the consul officer's assessment will matter for the tourist visa application.  On the DS-160 application form, whatever is entered in the section for travel plans will not matter much to the CO because they know that plans can change.  So there is no recommended travel duration that improves the chance of approval.

 

Note also that whatever is listed in the DS-160 travel plans section will have no bearing on what CBP will decide at POE if your wife does get a tourist visa.  If the CBP officer wants to check any document related to the traveler's intended duration of stay, they will ask to see the flight ticket.

 

Great. Thank you very much for your detailed answer.

Thank you for that note about the travel plans.

So The CBP will make the call at POE. I see on a lot of websites that we should provide evidence that she won't stay here past her visa. We would love for her to stay here forever of course, but we aren't going to break the law. We want everything to go smoothly with the i-130. But it would be nice to know what we could do to prevent her from being denied. I've read that it's good to show her social life being tied to her home country. Would her not being employed or owning property be a confounding factor in her denial by the CBP? She just graduated a few months ago. But she doesn't plan to get a job. She has considered doing her masters in Pakistan to take time. But Her entire social life is in Pakistan. She has never left the country, and all of her friends and family live there. I imagine that would help her case. I guess what I am asking is what we could prepare to help solidify her case to get pass CBP.

I am pretty sure I can prepare the application for her. She just needs to sign it. It's a simple question. Is there a number of months that'll automatically disqualify her for a B2 Visa?

I would like for my wife to apply for a Tourist visa while we wait for our i-130 form gets processed. She is from Pakistan. I would like her to stay as long as possible. She's unemployed but is a recent graduate. She doesn't own any property in Pakistan(where she's from). I have a good job and would provide for her while she's here. I would like her to stay the maximum amount of time. I am worried about the CBP officer and them denying her entry because of the length of time I'd request to stay. We are fine with her leaving when the VISA is up, but I'd like to maximize time staying with her while we wait for the i-130. Should I just do 6 months or is that even a stretch?