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BACKGROUND: I am a US citizen happily married to Peruvian woman for the past 7 years. We both have been living and working in Mexico since 2002 and I have an I-130 pending in Cuidad Juarez. Now it appears that I can not file the Form I-864 because I am not living (domiciled) in the United States nor have I been for a considerable period of time. In any case, I would have a difficult time proving it.
Alternatively, I have been looking at B1/B2 Tourist Visa but question #36 on the DS-156 form asks if "anyone has filed an immigrant petition on behalf of the applicant." If the answer is yes, I understand that my wife will have a more difficult time obtaining a tourist visa, though not an impossible one as the following information from the Tokyo embassy suggests:
Can I travel to the U. S. while my application for an immigrant visa is being processed?
If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the U. S., you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.
If applying for a B-2 visa, you are required to furnish evidence of your residence outside the U. S. to which you intend to return at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a Japanese residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.
When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.
Hindsight being 20/20, perhaps it would have been better if my wife had applied for a B1 / B2 visa before I filed the I-130, especially as we're only considering a 2 week visit to the US at this point. As it stands, I'm curious if anyone on this forum has been in a similiar situation and if so, was traveling to the US on a tourist visa successful while an I-130 was pending? Or was your visa application denied outright, or worse, were you denied entry at the POE after a tourist visa had been granted?
Thanks for your insights,
Tranquilo in Mexico
Alternatively, I have been looking at B1/B2 Tourist Visa but question #36 on the DS-156 form asks if "anyone has filed an immigrant petition on behalf of the applicant." If the answer is yes, I understand that my wife will have a more difficult time obtaining a tourist visa, though not an impossible one as the following information from the Tokyo embassy suggests:
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Can I travel to the U. S. while my application for an immigrant visa is being processed?
If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the U. S., you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.
If applying for a B-2 visa, you are required to furnish evidence of your residence outside the U. S. to which you intend to return at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a Japanese residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.
When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.
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Hindsight being 20/20, perhaps it would have been better if my wife had applied for a B1 / B2 visa before I filed the I-130, especially as we're only considering a 2 week visit to the US at this point. As it stands, I'm curious if anyone on this forum has been in a similiar situation and if so, was traveling to the US on a tourist visa successful while an I-130 was pending? Or was your visa application denied outright, or worse, were you denied entry at the POE after a tourist visa had been granted?
Thanks for your insights,
Tranquilo in Mexico
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