Visitor Visa when Greencard File is pending

[supercomp]

I recently applied for my spouse (lives in India) for Greencard. File is currently pending and expected to be complete early next year.

My spouse is a physician and she is currently taking licensing exams for US. One of the licensing exams (Step 2 CS) requires her to be present in US as it is a clinical exam.

What are her chances of getting Visitor Visa to come take Step 2 CS exam here in US while her GC file is pending? If she can't come, it would waste 1 whole year for her. Is that good enough argument?

Thanks.

[knowledgeable]

Almost negligible ...

... sorry

[peace]

She should have taken her CS before you filed for her GC.
It is almost impossible to get a visitor visa for USC/GC spouses (immigrant vs non-immigrant intent)


The only visa she can get while her GC is pending is an H-1 visa because it does not require a non-immigrant intent. Plenty of research positions in US
teaching hospitals (research assistant, fellow, that require a bachelor's degree). You will have to work on finding one that will sponsor an H-1 for your wife.( such H-1s are cap exempt)

[supercomp]

Should she try to get a Visitor visa anyway? How bad of chances are we talking about?

Would it help if she pays ($1075) exam fee and sign up for a date? Can she try without actually signing up for the exam, since taking the exam is dependent on getting visitor visa?

[peace]

You have to show that you are registered for the test. So she must pay before she tries for the visa. But that does not favor a positive outcome.

She can give it a shot, no harm trying; tell the officer that
* she will be losing a year if she does not take the test now
and very importantly;
* she has opted for consular processing of the immigrant petition so she will be coming back to process the visa. show evidence that she opted for Consular processing; file no. or whatever you can find.

[supercomp]

Thanks peace and knowledgable. I guess we will give it a shot and see what happens.

[txh1b]

There is no point in trying for a visitor visa. The DS156 has a question about immigrant petition and that has to be answered yes and it will be a denial by all means.

[PraetorianXI]

There is no point in trying for a visitor visa. The DS156 has a question about immigrant petition and that has to be answered yes and it will be a denial by all means.

i would say this statement is true in 95% of cases, some people have been able to obtain a visitor visa even though an immigrant petition has been filed for them.