QUESTION

Can my husband apply for a visitor’s visa with I130 and I129F cases still pending?

Asked on Dec 21st, 2012 on Immigration - Colorado
More details to this question:
I've already filed for my husband in June of 2012.
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8 ANSWERS

Rebecca T White
He can apply for a visitor visa but it will likely be denied. He will need to be able to show true visitor intent and that he will return for consular processing of the immigrant visa before it will be issued.
Answered on Jan 03rd, 2013 at 1:10 PM

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It is not likely that he will be issued a visitor's visa if he has a pending I-130 and I-129f since he will be seen as having immigrant intent and in order to qualify for a visitor's visa, one cannot have immigrant intent. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jan 03rd, 2013 at 4:51 AM

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When you applied for your husband's immigrant visa, you demonstrated his intent to live in the U.S. (so-called immigrant intent). By law, every applicant for a visitor's visa must prove to U.S. consul that he has no intention to stay in the U.S. and intends to return to his own country (in other words, that he has no immigrant intent). As you can see, your husband is facing a very difficult task: to get a visitor's visa, he would have to convince the U.S. consul that there are circumstances that make necessary his trip to the U.S. now, before your petition for him is approved, but that he would come back to his country before his admission to the U.S. on a visitor's visa expires. It is a very difficult, but not an impossible task: it can be accomplished if your husband can show compelling reasons for his trip to the U.S. now, and even more compelling reasons why he would have to come back (for example, to liquidate property, or to finish work under a contract, to make care arrangements for an elderly parent, etc.)
Answered on Dec 28th, 2012 at 4:28 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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He can apply - unlikely to get it unless strong ties to the home country and they believe he truly will visit and return. Make sure he discloses the pending cases.
Answered on Dec 27th, 2012 at 1:21 AM

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Adebola O. Asekun
Absent extraordinary circumstances, request for a temporary [B2] visitor's visa by an alien with a pending Form I-130 petition is not likely to be granted. To get a [B-2] visa, the visitor must demonstrate to the satisfaction of the Consular officer's his intent to return to his country at the end of his temporary [B-2] stay (usually 6 months). Conversely, a Form I-130 is a petition to take up permanent residence in US ]. This is inconsistent with a B-2 visa and hence, may not be granted unless there is a demonstrated emergency reason such as to seek medical treatment. If petitioner is a US citizen, a Form I-130 petition with a Jun 2012 priority date should already be available for your husband's use.
Answered on Dec 27th, 2012 at 1:17 AM

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Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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He will probably not receive a visitor's visa.
Answered on Dec 27th, 2012 at 1:15 AM

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Probably not, but he can try.
Answered on Dec 27th, 2012 at 12:54 AM

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He can apply, but the US Consul may deny it.
Answered on Dec 27th, 2012 at 12:46 AM

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