Visitor Visa after applying for I-130
- Thread starter nsvr
- Start date
I think a pending immigrant visa shows immigrant intent, which contradicts with the basis for non-immigrant visas. So, it might be more difficult now to obtain visitor visa. I think it will be very tough if she has never received visitor visa before, or had been denied before.
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Al Southner
Registered Users (C)
No. She should wait for the I-130 to be approved to go through Consular Processing. As the VisaNutz explained, with immigrant intent having being established by the I-130, it is going to be a waste of visa money. If money is an object, try applying for a visa and see what happens...
tigerclaws
Registered Users (C)
You will not get a visitor visa and it could also impact the timeline of your I130. I don't think you should apply.
I have a similar question.
I am about to become a US citizen. I intended to file I-130 for my sister (which establishes immigrant intent). Considering the wait is now about 9-10 years, will she have problems at the border when coming on a VWP? Is it better for her to apply for B-2 visa before filing I-130? She had a 10-year B-2 before but it is now expired. She had been to the US 7 times now I think, never overstayed, never had any run-ins with the law.
I am about to become a US citizen. I intended to file I-130 for my sister (which establishes immigrant intent). Considering the wait is now about 9-10 years, will she have problems at the border when coming on a VWP? Is it better for her to apply for B-2 visa before filing I-130? She had a 10-year B-2 before but it is now expired. She had been to the US 7 times now I think, never overstayed, never had any run-ins with the law.
I know if she applies after you submit I-130 it's very unlikely she'll get it approved. However if she does it before I assume she can use it then. I may be wrong though - hopefully someone with experience will pitch in.
Jackolantern
Registered Users (C)
She can try and see what happens. It's hard, but not impossible. Given that she is from a visa waiver country, that helps a bit, because those countries have a very low rate of overstay.
If hassled about it, she'll have to emphasize that she has traveled repeatedly and never overstayed, and that she is aware that the green card will take 10+ years and she has no plans to attempt to immigrate before that, and she is aware that if she overstays that would damage her chances for the green card. And she should mention that the I-130 specified consular processing, and she intends to show up at the consulate when it is her time.
You can improve her chances by filing the I-130 when she is in the US visiting under the VWP (specifying consular processing, of course). Then she must leave before her 90 days expires. That way, if they hammer her about immigrant intent on the next trip, she can say that she was already in the US with a pending I-130 but left without overstaying.
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