B1 Visa when immigrant visa is under process

[nutcracker]

Hi all,
I am applying for a visa for USMLE CS. My wife is a registered nurse. In 2007 she had applied for immigrant visa under consular processing through an agency in india. They had filed her i140 and got it approved. My name was also mentioned in the i140 form in the section 7 where they asked details of spouse. Since there was retrogression after that the process got stuck in that stage and we have not proceeded anymore than that. So now when I am applying for the B1 visa will there be a problem for me. Will they know that i had intended to apply for an immigrant visa before.We had not filed DS230 or any other forms after that. Also currently I am working in the middle east. Is it ok if I apply for the visa from the US consulate here or is it better to apply from India. Please answer my queries.

Thanks

[peace999]

Hi all,
I am applying for a visa for USMLE CS. My wife is a registered nurse. In 2007 she had applied for immigrant visa under consular processing through an agency in india. They had filed her i140 and got it approved. My name was also mentioned in the i140 form in the section 7 where they asked details of spouse. Since there was retrogression after that the process got stuck in that stage and we have not proceeded anymore than that. So now when I am applying for the B1 visa will there be a problem for me. Will they know that i had intended to apply for an immigrant visa before.We had not filed DS230 or any other forms after that. Also currently I am working in the middle east. Is it ok if I apply for the visa from the US consulate here or is it better to apply from India. Please answer my queries.

Thanks

ON DS 160 form for B1/B2 visa, you need to answer a 'question, 'Has anyone ever filed an immigrant petition on your behalf?'
It is not just the immigrant visa, it is the petition that you must declare. So you must say yes.

I suggest , you first check the current status for your immigrant petition's category; how much more wait?
What was your category ( employment EB1, EB2, EB3?), you can check on the recent visa bulletin on the state dept website.

Once you know the remaining waiting period on that petition, you can discuss here about how to handle the B1/B2 interview.

[nutcracker]

Thanks a lot for the reply. It was filed in the Schedule A/ EB 3 category. I checked in the uscis website and it says "On november 4th 2008 we shipped this approved or reaffirmed case to the department of state for visa processing . The i140 petition was filed in october 2007.The EB3 date for India is NOV 2002. So how do i calculate the wait period? Bear with me if its an ignorant question.

[nutcracker]

Hi I just wanted to clarify this.The part 7 of the form i140 mentions "information on spouse and children of the person for whom you are filing" and also to note if the spouse is also planning to apply for a visa. Since the i140 petition was in my wife's name, does the mere mention of my name in that section mean that a visa petition has been filed for me?

[peace999]

Since cases filed in nov 2002 matured for visa processing in 2012, the wait is roughly 10 years from the date of filing to maturity.
In your case , assuming there is no retrogression or progression in future, you have another 5 years of wait ( filed in 2007, maturity in 2017) .

About your other question;
I am not an attorney but my thinking is that even if you were not the primary beneficiary in the immigrant petition, your name was still included.
You can email an attorney if you wish to be doubly sure.

As long as the officer is convinced that your current visit is temporary, the immigrant petition won't be a negative.
For that you must be able to show family and job ties to the place where you apply.

About applying in the middle east or India. How long have you been working in middle east?
Is your job there permanent, do you have any assets there ( home etc) , where is your family?

[nutcracker]

Hi
I have been working for past one and a half year. My job contract is for 2 years which will end in aug 2013. Im planning the trip in may 2013.My wife (not working) and son are here in the middle east. I own a vehicle here.So will it be enough if I show the job contract and the fact that my family is residing here with me ?

Thanks

[peace999]

Hi
I have been working for past one and a half year. My job contract is for 2 years which will end in aug 2013. Im planning the trip in may 2013.My wife (not working) and son are here in the middle east. I own a vehicle here.So will it be enough if I show the job contract and the fact that my family is residing here with me ?

Thanks

You are planning your trip very close to the end of the contract.

What about step 1 and step 2ck? Have you taken those yet? Did you get good scores?
If yes, the officer may overlook other issues.

[nutcracker]

Hi,
Thanks for the reply.I gave step 1 in 2007 and got 99/253. I have scheduled step 2 in march end, got the scheduling permit and all. I already completed post graduation in India.

[peace999]

Ok, you have a great score in step1, so it should go in your favour.