Visitor Visa to enter US while I-130/K-3 application is pending?

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foreigner123456

Registered Users (C)
Hello,
I am a USC and my wife is currently waiting in Turkey to be approved for a K-3 visa. Since the processing seems to be terribly slow (it's advanced only 3 days in the last 3 months), can she apply for a tourist visa to come to the US?

If she came here on a tourist visa, then we wouldn't have to wit any longer and she could just submit an I-485 and cancel the K-3 application. Is she eligible for a tourist/visitor visa even though we are married?

Any advice would be helpful. Thanks.
 
No, you can't apply for a visitor visa. The visitor visa form asks if you have applied for an immigration visa. By law, you are not allowed to get a visitor visa after you have applied for an immigration visa. It would only create problems for you because they will deny the visitor visa.
 
it's not that you can't apply for a non-immigrant visa, when I-130 has been filed on your behalf, it's just up to the discretion of a consular officer to give you one or to reject. Of course, he may be quite hesitant to give you a non-immigrant visa, while you clearly showed intent to immigrate. But you can show him K-3 application pending receipt, and be very persuasive that you will come back for your K-3 visa. It has happened before.
 
Applicants for visitor visas must show that they qualify under provisions of the United States Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that they will not immigrate. Since you applied for an immigration visa, you can't proof this. In other words, you would violate the law when you apply for a visitor visa. Look at question 36 of the DS156 form. It will ask you if you have applied for an immigration visa. Since you must prove by law that you don't want to immigrate, an entry with yes in this field will mean that you can't comply with the law. Of course you perhaps find somebody at an embassy who doesn't follow the law and will give you an visa. Nevertheless, the is the law.
 
moving to chicago with british husband

Hello,
I have petioned for my husband to recieve the IR1 visa, with the American Embassy in LOndon. We are in our final stages and are waiting for the interview and the embassy. However, we are due to be opening offices for our company by January 2005 and have plans to renew our vows in the USA during that time as well. It is looking like the interview will not be until the end of January. We are considering scraping this London IR1 process and going for a K-3 visa and restarting the IR1 process while living in the states because my husband is worried he will be denied entry into the USA before he holds his interview in London.
Do you have any advice on this?
 
Pending spousal visa that has been filed for 5 years and Marriage has been annulled for some reason.

Hi guys,

Hope you can help me with this one. I was married with USC and he applied for a spousal visa more than 5 years ago. We weren't able to work on the spousal visa because I moved and work abroad. The marriage didn't work out due to some reason. After a couple of years I filed an annullment which was already finalized and have it nullified few months ago. My question is, will that affect if I will apply for a tourist visa to the US? or will it affect if my USC beau file for a fiance visa on my behalf?

I am currently working in the middle east and would love to travel and see some friends and family in the US.

With thanks,
-leila
 
leila2429 said:
Hi guys,

Hope you can help me with this one. I was married with USC and he applied for a spousal visa more than 5 years ago. We weren't able to work on the spousal visa because I moved and work abroad. The marriage didn't work out due to some reason. After a couple of years I filed an annullment which was already finalized and have it nullified few months ago. My question is, will that affect if I will apply for a tourist visa to the US? or will it affect if my USC beau file for a fiance visa on my behalf?
Click to expand...

That marriage should not hurt your chances of a tourist visa or fiance visa, assuming you left the US without overstaying (if you were ever in the US). Just make sure to bring documentation of the annulment to the visa interview.
 
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