Applying for Tourist Visa

H

history1

New Member
Hello,

My 485 has been pending since July 2007 (I-140 Approved), my husband is from Switzerland. Swiss citizens are allowed to travel to the U.S. under the Visa Waiver program and are allowed to stay up to 90 days. He has been traveling to the U.S. under the Visa Waiver for the past 20 years. In the years 2009-10 he also travelled with a H4 visa attached to the spouse’s H1B, which are now expired. Now he would like to spend 4-5 months in the USA in the coming summer months. For that he will go to the U.S. Embassy in Switzerland to request a tourist visa which will allow him to stay up to 6 months at a time. Considering that his spouse is awaiting adjustment of status, what kind of questioning or complications could he be facing at the embassy?

Thanks
 
He will probably fail to overcome 214(b). Having said that, seeing his previous travel history to the US, he may just be granted a B-2 visit visa. What are his plans for the future? Does he intend to live in the US with you? Do you intend to file a "follow to join" for him? The consul may just ask these questions.

history1 said:
Considering that his spouse is awaiting adjustment of status, what kind of questioning or complications could he be facing at the embassy?
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Hi Triple Citizen, Thanks for your input, what is 214(b)? He has a successful Business in Swiss no intentions at the moment of moving here I might move there but not yet, we can change our mind though and file a follow to join later.
 
history1 said:
Hi Triple Citizen, Thanks for your input, what is 214(b)? He has a successful Business in Swiss no intentions at the moment of moving here I might move there but not yet, we can change our mind though and file a follow to join later.
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INA 214(b) is the statutory presumption that every alien is an intending immigrant until they prove otherwise.
 
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