Tourist Visa while IV is at Packet 3 stage

[geek99]

Hi,

I have paid the IV fee for my mothers application (IR5) and we are in the process of collecting the documents required to submit to NVC. Since this process and the subsequent appointment appears to take atleast 3-6 months overall, is it possible for her to get a tourist visa at this point and enter US on that visa? She had a 10 year tourist visa that expired in June 2011 and she visited US 4 times in the last 10 years with the last one in 2010-2011. So she will be applying for a new tourist visa. Also if she does enter US on tourist visa, how should she approach the IV? Can I change it from a consular processing to something else? Appreciate your help.

Thanks
G.

[osweiti50]

Her immigration status at this point in time is "Non-immigrant" so she can apply for B1/B2 visitor visa. Regarding your point to switch from consular processing path to Adjustment of Status path, I think you can do that but and but that will cause a lot of delays on her application. If I were in your place I would choose to keep up with the Consular processing and once the NVC informs you that her application is complete and it is on its way to the US consulate at your home country then you let your Mom travel back home (if at then she will be with you in US of course). That is my advice and the final decision is yours...good luck.

[geek99]

Thanks for the responses. Couple of questions. 1) What about her Immigrant intention while applying for a Non Immigrant Visa? Will it be ok if we just disclosed the IV situation? 2) How long is the Visitor visa taking from start to end? She is from India. 3) You mentioned changing to AOS while in US will take a long time. How long are we talking about? If it will take more than the usual allowed 6 months for I-94 I want to keep that in consideration. My wife is pregnant and due in 2.5 months and hence the attempt for tourist visa for my mother. Appreciate your help.

[osweiti50]

Hi. Once you have already filed the application for IR5 on behalf of your mother, she may be denied a US visitor visa because under IR5 application, your mother has an intention to immigrate, which overturns the significant purpose of a nonimmigrant visitor visa. Even if you don't disclose this matter to an immigration officer, the latter will find out because it's saved in the database.

Again, i remember I was on H1B visa, expired while I was abroad and at the same time my I-140 was in process, my company filed extension of my H1B on premium basis, it was approved and got my H1B extended at then. Nothing happened to my I-140.

[geek99]

We decided to go ahead and apply for the Visitor visa. She also meets the requirements for visa interview waiver and only needs the finger prints taken. Will update how it works out.

[geek99]

While filling in DS-160, the question popped up asking if any one ever filed an IV petition with USCIS on your behalf and gives a text box to explain if the answer is yes. Should we be providing the I-130 WAC YYYY XX.. number as that is the IV "petition approved by USCIS" (according to the case status letters) or the BMB YYYY X... number which is sent by the NVC for further processing of the IV petition? Or should we provide both numbers with details on what stage it is at?

On a differet note, should I send an invitation letter mentioning the pregnancy etc?

Thanks
G.

[geek99]

My mother got the Visitor visa and came to US. What is the best way to adjust her status now? Do I just complete the application for Immigrant Visa (I already paid the fee for IV) or is it a separate process completely? User "osweiti50" suggested I keep the consular processing as AOS is a time consuming process. Is that accurate in IR5 at Packet 3 stage as well? How long are we talking about in general? Appreciate your suggestions.