khai ko

I am a USC and I filed I-130s for my parents at the VSC in April. I have not heard much from the VSC in response except a receipt number and that their case has been transferred to CSC. Not sure when how long it will be before my parents will actually be able to come to US under this timeline.

However, my parents plan have for now changed, and they don't want to immigrate right away. They would prefer visiting US temporarily on Tourist visas to meet family and attend family weddings etc. This actually works out best for me too for the short term. My question is, can they file for tourist visas from my home country with their I-130s pending? Would the consulate 'understand' the fact that my parents no longer have immigrant intent (for the short term anyway) and just want to visit US temporarily and therefore grant tourist visas? If needed in future, I could possibly file for their AOS once they are here, right?

Just wanted to see whether this is possible or advisable. Will appreciate your comments.

Thanks

hcj1440

You could, but that is precisely the reason why the consulate may not want to grant them tourist visas.

Noorah101

I agree.

Rete

Depends on what your status is. The timeline differs greatly for PR and USC.

I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 March 12, 2006
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 February 26, 2006
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 March 12, 2006
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister October 07, 2000
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 October 22, 2005
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 March 12, 2006

Just Jenney

The OP is a USC.

~ Jenney

khai ko

OK. So is my understanding correct that the two types of visas can not be processed concurrently? Does this mean that a person can not visit/travel to US temporarily under any other visa if his/her I-130 is pending?

Would there be any "harm" in applying for the tourist visas anyway? If the tourist visas get rejected, would this cause any "adverse" impact to the immigrant visas under process?

scrubbedexpat099

No

No

khai ko

Boiler, thanks for your responses, but could you please expand a bit?

Would it be the same scenario if the (tourist) visa requests were for a spouse instead of parents?

Noorah101

Yes.

hcj1440

No, no rule that says you can't have both going through at the same time. Many people are able to visit the US using VWP or non-immigrant visa while their I-130 is pending. Problem is that when applying for a non-immigrant visa you need to convince the CO that you have no immigrant intent and you will return home before your authorized stay expires and you won't try to stay and adjust status. With an I-130 in play, obviously your parents have immigrant intent, even if it's "eventual" immigrant intent. That puts them under more scrutiny and makes denial of the tourist visa more likely.

No harm in applying, denial of a tourist visa (if denied because CO suspects immigrant intent) will not make any impact on their immigrant visa process. That's because having immigrant intent will obviously not hinder them in getting *immigrant* visas.

khai ko

Thanks for the clarification hcj1440. Yes they don't want to be immigrate right away due to change in plans. I did not think that the adjustment of status scenario would apply for them any more (even if they were in the US in a non-immigrant visa at the time of the processing), since in the original I-130 I had filed, I had either mentioned that they reside in my home country or selected "consular processing" (something to that effect, can't remember exactly). But I think I was wrong - I guess I-485 is what would come into play here? Not that they will opt for adjusting status, but just trying to understand.

Noorah101

Yes, that's exactly what the consulate is afraid of. Even with an I-130 pending, if your parents come to the USA on a visitor visa, they have the ability to apply for AOS (I-485) here in the USA. The consulate will try to avoid giving them the possibility of doing that (by perhaps rejecting their visitor visa application).

Rene

khai ko

Ok this is slightly unrelated, but do I-130 benefciaries living abroad need to take a medical exam before they can be given immigrant visas? Or is the medical required just for those living in US who adjust status?

Noorah101

Yes, they will need a medical for the immigrant visa overseas. Depending on their age, they may be exempt from certain vaccinations and such. But they will need to do the medical.

Rene

khai ko

Thanks Rene.

I just received I-797 NOA saying the I-130 applications have been approved. How long can I expect it to be before the local consulate calls my parents for interviews? DO they need to wait for a visa number to be available? I read somewhere that the process has recently been changed on the visa number availability on I-130s for US citizen petitions. Can you possibly explain ?

Thanks again.