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kp5493

I 130 and visitor visa

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Hello

we are processing I130 for my in laws. Can you please advise -- once we start I-130 process , is there any restriction in applying for VISITOR VISA.

For example, we apply for I-130 next week, Then can we apply for visitor visa application in the next month?

Is there any restriction?. So after my in laws come into USA from India, then we can process GC(485) from USA?

appreciate any reply

 

thanks

kp

 

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the situation you just mentioned - i.e., 'can we process the GC (I485) from the US already suggests what the real motivation is behind a B2 visa application - to use it to circumvent the process entirely and allow your parents to just camp out in the US while the I-30 is in process...do you really think that any CO with more than 10 minutes of experience has not seen this transparent ploy before?

Sure, they can apply, but what are they going to answer when the CO asks them, 'why would you return to India instead of using the B2 visa to stay put waiting for all of the paperwork to be completed for your GC??"....what truthful statement might they use? 

1- 'Gosh, we will leave our TV on and must return to shut it off!"

2- 'we have elderly relatives who depend on us' (yet they can leave them behind anyway for weeks and weeks?)

3- 'we have a bank account with $91 in it " (bank accounts can be emptied 5 minutes after visa approval)

4- 'We promise to return!" (sure)

5- 'Our son/daughter has a big house and nice car'..(meaningless)

Do you see how quickly this silly attempt will be spotted by a CO? YOu have already admitted that this is the plan...

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A visitor visa doesn't allow immigration intent. A pending I-130 shows immigration intent, so it is pretty much impossible to get a visitor visa when an I-130 is filed.

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