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What visa while waiting for greencard?

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  • What visa while waiting for greencard?

    My wife is in process for greencard, I-130 has been accepted that we put in 11 months ago with consular processing.

    We have been outside of America the whole time but I want to go back to work for a few months, so she got another tourist visa and when she entered they stopped her because this was her 3rd time in us on visitor visa. They said because she is applying for greencard she should apply for family/fiancé visa.

    So she went back to her country and today had interview and asked her if she was applying for citizenship, she said no, greencard and they said she was lying because the computer says citizenship and didn't give her visa. I thought you had to get greencard before you applied for citizenship??

    So so it possible to get a visa while waiting for consular processing? I thought we would only have to wait 6 months for greencard but it's almost been 1 year with no interview yet just accepted i130...

  • #2
    There is something missing in your interpretation of your wife's interview problem.

    If something on the original G-325A, petition or DS-260 indicated "citizenship" as the goal, it was a form completion mistake and would have been recognized at the interivew.

    What was the specific outcome of her interview at the Consulate? Was she denied? If so, for what documented reason" If not, was she put on Administrative Review for a review or investigation?

    If she was denied entry already on a visitor visa while her petition was in process mode, there is no reason to expect her to be able to enter the U.S. on a visitor or other nonimmigrant visa. She will need a spousal visa.

    --Ray B


    Originally posted by tomsmith1 View Post
    My wife is in process for greencard, I-130 has been accepted that we put in 11 months ago with consular processing.

    We have been outside of America the whole time but I want to go back to work for a few months, so she got another tourist visa and when she entered they stopped her because this was her 3rd time in us on visitor visa. They said because she is applying for greencard she should apply for family/fiancé visa.

    So she went back to her country and today had interview and asked her if she was applying for citizenship, she said no, greencard and they said she was lying because the computer says citizenship and didn't give her visa. I thought you had to get greencard before you applied for citizenship??

    So so it possible to get a visa while waiting for consular processing? I thought we would only have to wait 6 months for greencard but it's almost been 1 year with no interview yet just accepted i130...

    Comment


    • #3
      She never had an interview for greencard process yet we were just trying to get a visa to go back to America temporarily. Her visa agent helped her but they denied her visa there, they never gave a straight reason, they usually finish these interviews within 60 seconds there because the lines are so long.

      So during a greencard process is there a way to apply for any visa or do you have to wait until you get the green card? We don't even want for her to get citizenship just to be label to live together in the two countries because she would have to give up her old citizenship if she became american. The immigration told her when she landed in America that the only way to do that would be to apply for a greencard.

      Comment


      • #4
        The Green Card is only given to immigrant after arrival in the U.S. (and after paying the $165 Green Card fee).

        While being processed for a spousal visa abroad, any parallel application for a different type of visa might be denied because of "intent to immigrate."

        --Ray B

        Originally posted by tomsmith1 View Post
        She never had an interview for greencard process yet we were just trying to get a visa to go back to America temporarily. Her visa agent helped her but they denied her visa there, they never gave a straight reason, they usually finish these interviews within 60 seconds there because the lines are so long.

        So during a greencard process is there a way to apply for any visa or do you have to wait until you get the green card? We don't even want for her to get citizenship just to be label to live together in the two countries because she would have to give up her old citizenship if she became american. The immigration told her when she landed in America that the only way to do that would be to apply for a greencard.

        Comment

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