Please Help - Visa Apt. Approaching Fast!

[LexiMStL]

Ok, here is the situation. I am an American Citizen and I am inquiring for my boyfriend who is from Venezuela. We both currently reside in Venezuela. I'm going to outline the situation below, then post my questions. I apologize in advance for the length of this. He's busy, and can't look into this stuff at the moment, and in addition, I just need some peace of mind.

1. His Mother is a US Citizen, and he has an application in for his Green Card (remember, he is still here in Venezuela) His Green Card Application was supposed to be reviewed and potentially granted this December, but based on what he's seen on the website, it won't even be looked at for quite some time.

Background:

2. He's had several tourists visas issued before, and even a student visa. He has always come back, and can demonstrate strong ties here in Venezuela (good job, has immediate family here, car, etc.)

3. Even though he is very likely to be approved for the Green Card, he is considering going elsewhere, perhaps to Australia, to persue a specialty (he's a new doctor) He would like to do that in the USA, but he feels he cannot wait the year or so more it might take to have his GC app reviewed.

4. His Mother is getting married in November, and he desperately needs to go to the wedding, as he must play a vital role in the ceremony.

My Questions:

1. Is there a law, or rule stating that one cannot apply for or take out a Visitors Visa while one has a pending Green Card Application?? What are the chances that he will be denied at his visa appointment (which is next Thursday) or even at the airport upon arrival in the USA.

2. Will his applying for a Visitor's Visa automatically cancel his GC Application?

3. I understand that there is a rule stating that all applicants are considered to have "immigrational" intent, unless they can prove otherwise (guilty until proven innocent, lol) I suppose he does have immigrational intent, but not now. He really just wants to go to his Mom's wedding. If his GC is miraculously approved during his stay, cool. If not, back to Venezuela, no problem, then on to Australia. If he tells them about his intent to go to Australia at the interview, would that help? Could that potentially cause his GC to be denied?

4. If a tourist visa is not an option, or it would cause his GC App to be discarded, is there another option for him to get to the USA for his Mom's wedding??

Basically it's sort of a wait and see game for him. If his GC is approved within his own set timeframe, then he'll go to the USA. If not, it's off to Australia, which is a country in desperate need of doctors. But the problem now is that he needs to get to his Mom's wedding in November.

Sorry again for the length of this. I just need to have an idea of what to expect.

[PraetorianXI]

Answers in bold.

Ok, here is the situation. I am an American Citizen and I am inquiring for my boyfriend who is from Venezuela. We both currently reside in Venezuela. I'm going to outline the situation below, then post my questions. I apologize in advance for the length of this. He's busy, and can't look into this stuff at the moment, and in addition, I just need some peace of mind.

1. His Mother is a US Citizen, and he has an application in for his Green Card (remember, he is still here in Venezuela) His Green Card Application was supposed to be reviewed and potentially granted this December, but based on what he's seen on the website, it won't even be looked at for quite some time.

Background:

2. He's had several tourists visas issued before, and even a student visa. He has always come back, and can demonstrate strong ties here in Venezuela (good job, has immediate family here, car, etc.)

3. Even though he is very likely to be approved for the Green Card, he is considering going elsewhere, perhaps to Australia, to persue a specialty (he's a new doctor) He would like to do that in the USA, but he feels he cannot wait the year or so more it might take to have his GC app reviewed.

4. His Mother is getting married in November, and he desperately needs to go to the wedding, as he must play a vital role in the ceremony.

My Questions:

1. Is there a law, or rule stating that one cannot apply for or take out a Visitors Visa while one has a pending Green Card Application?? No. But it will be very hard to obtain one, because he has already shown immigrant intent. What are the chances that he will be denied at his visa appointment (which is next Thursday) or even at the airport upon arrival in the USA. It all depends on the Consular and Immigration Officers. He must show strong ties to his home country, in order to receive a visa, and a well defined plan (including returning back to Venezuela) at the Port of Entry in the use, to be granted entry for 1-6 months.

2. Will his applying for a Visitor's Visa automatically cancel his GC Application? Absolutelly not.

3. I understand that there is a rule stating that all applicants are considered to have "immigrational" intent, unless they can prove otherwise (guilty until proven innocent, lol) I suppose he does have immigrational intent, but not now. He really just wants to go to his Mom's wedding. If his GC is miraculously approved during his stay, cool. It can not work that way. He can not go and file for Adjustment of Status. He needs to receive his Immigrant Visa in Venezuela. If not, back to Venezuela, no problem, then on to Australia. If he tells them about his intent to go to Australia at the interview, would that help? Could that potentially cause his GC to be denied? His GC is for him to live permanently in the USA, if he plans to move to Australia then there is no point in the GC application. Make up his mind.

4. If a tourist visa is not an option, or it would cause his GC App to be discarded, is there another option for him to get to the USA for his Mom's wedding?? No. If the wedding is coming up in the next 6 months, then a visitor B-2 visa is the way to go. What is his Priority Date on his Green Card application?

Basically it's sort of a wait and see game for him. If his GC is approved within his own set timeframe, then he'll go to the USA. If not, it's off to Australia, which is a country in desperate need of doctors. But the problem now is that he needs to get to his Mom's wedding in November.

Sorry again for the length of this. I just need to have an idea of what to expect.

I think he has got a good shot at the Visitor Visa (B-2). For as long as he can prove reasons to return to Venezuela and strong ties... it seems like he doesn't though... so, work with that.

If you do not mind me asking, where do you fit in these plans? are you moving to the US or Australia with him? getting married at some point? because you could sponsor him for a Green Card immediately if you two get married (it would be A LOT easier) if you get married in the USA.

What are you doing in Venezuela? visitors are only allowed 90 days of stay there. I assume you are studying or working... but then again, beware of Chavez.

I am a Venezuelan myself living in the US

[LexiMStL]

Thank you very much for your reply. Let me clarify a few things though.

He intends to be in the USA, ultimately. But if his GC is not approved soon, he will go to another country to do his post-graduate work, then come to the USA as a specialist. That is why he is considering Australia, or even Germany...maybe even staying here in Vzla. That is the reason for still wanting to get his GC.

Regarding showing strong ties to Venezuela. Is a car, father, siblings, lucrative job, and study plans not enough of a strong tie? In addition, can he not show that he has plans to go and study elsewhere (say, Germany, where he was offered some sort of a scholarship) for which the flight would leave from Venezuela? I mean, what kind of ties do you need. If he decides to enter a post graduate program here in Vzla, will that, in addition to the others mentioned, still not be enough??

I don't know his priority date. Is that the estimated date of review/approval? If so, it was this December. He applied in 2005, his app was sent to California, and according to the website, they are still on apps from 2003 I believe.

I am working as an English and Dance teacher here in Valencia (strange combination, I know, lol)

As far as where I fit into the relationship, we are exploring all possibilities at this point. We both know that we do not want the relationship to end due to difficult paperwork. With that in mind, we are looking at the possibility of me going with him. We both want to end up in the USA in the long run.

Again, thank you for your help. I would be thrilled if you could answer again based on the clarifications I provided above. Where in Venezuela are you from? It's an absolutely beautiful country, and very close to my heart. I'd be very happy staying here if it weren't for the political situation at the moment.

Thanks!
Lexi

[PraetorianXI]

Hey Lexi,

I am glad you love Venezuela. I sure miss it, specially the food! but home is where the heart is and my heart is here in the US

To clarify some of your questions.

Your Boyfriend, can no show strong ties to Venezuela by studying in another country. If he was to study in Venezuela on a PhD, Masters, etc. Then that is a one tie. All of his family live there? another tie. Owns property? another tie... etc.

Please read the information here: http://immihelp.comhttps://www.immih...tor/index.html

For more advice on how to get a visa.

If he wants a GC, he must apply when the time is set for him to move to the US. If you are together by then you can get married and apply for a K-3 visa.

Anyways, I am also from Valencia! so eat a "Cachapa con Queso" for me! ;
) and stay safe and away from Chavez!

[LexiMStL]

Ok, thanks again. So basically my conclusion is the anything can happen and it could go both ways. lol. But his application for a tourist visa WILL NOT cancel his existing application for a green card. Ok, chévere (lol)

Thanks for the advice. Everyone everywhere seems quick to reccomend the marriage route, lol. I don't think that that is an option for us at the moment, although that would be an interesting conversation to have, lol. Hypothetically speaking, and I have a bet placed with him on this, lol, could one marry while one has a green card application already underway?? He thinks not, I think yes, lol. AND, would that give him his permanent residency immediately?

Re: Cachapa con queso...I prefer arepas....with carne mechada y queso amarillo at El Manjar in El Parral Have you been back to Valencia since you've been in the USA? It's so nice here, even with the Chavez situation.

[PraetorianXI]

Goshhhhhh! you are killing me! I want my arepa with queso guayanes!

But anyways... you win your bet, he can get married and you can sponsor him for a green card, even if he has another application going on.

He will not receive permanent residency immediately... but he will be able to apply for permanent residency immediately though

Anyways, I went back to Venezuela August this year. Hopefully I will go back to Valencia for Christmas and get my Hallacas, Pan de Jamon and Arepas de Pernil!

But anyways, if you two get married things will be easier on the immigration side.