How To Get A Visitors Visa Even If You Have a Pending I-130 Visa Application

A visitor or tourist visa is a sticker or stamp on your passport that grants you temporary entry into a country. Visitor or tourist visas range from 2 weeks to 3months (90days) or even 2 years, depending on the country you are planning to visit.
These visas could be granted on single entry or multiple entries basis. Single entry means even if you are given a 90days visa, you can only enter that country once using that visa, while multiple entry implies you can enter that country as many times as you want within the 90days validity period, as long as the visa is valid.
If you are applying for a visitor’s visa to the US for example, you are likely applying for a B1/B2 visa as at the time of this article. Normally, it would be a visa covering anywhere between 6 months to 2 years.
In the course of our consultancy practice, we have heard stories of people who find themselves in the predicament of waiting up to 5, 6, 7 or even more than 10 years after submitting an application to relocate. In the process of waiting for the result of their application for a permanent visa, these people go ahead to submit an application for a tourist or visitors visa.
To the amazement of many, their application for a tourist visa is denied. If you have been denied a visa, visit our page on “What To Do If Your Visa Has Been Denied”. In the context of this article however, a denied tourist visa application gives rise to two very important questions
(A) Is it wrong to submit an application for a tourist visa when you are waiting for the result of the application you submitted for a permanent visa?
(B) Will you be issued a tourist visa when you have a pending permanent visa application with the embassy e.g. I-130 Form?
If you “happen” to have the “challenge” described above, the first thing you should note is that as of the time of this writing, there appears to be no suggestion on the embassy website to conclude that it is wrong or illegal to submit an application for a tourist visa if you have a pending application for a permanent visa – as long as you do not have "immigrant intent" while applying for your tourist visa.
Everyone applying for a tourist visa must overcome three main challenges in their application
(a) you must prove beyond reasonable doubt that you do not have intentions of migrating during the trip – this is hard to prove initially, especially since you’ve already submitted an application to migrate.
(b) you must prove that you have strong economic, social and (sometimes) cultural ties to your home country that would enforce or guarantee your return home following your brief visit
(c)   you must prove that you are visiting the U.S. temporarily. i.e. prove that your visit is indeed temporary
Let’s be frank.
Your pending application to migrate does not help you in anyway if you are submitting an application for a tourist visa. If anything – it raises a big red flag to the officer reviewing your application. It’s not impossible to get a visitor’s visa if you have a pending application to relocate, but it is difficult. There’s no need kidding ourselves.
How can you convince yourself (talk less of the visa officer) that you don’t intend to migrate, when you have announced the exact opposite to the world through your application to relocate??
The first step to solving that problem of pending refusal is to calculate or determine if the priority date on your I-130 petition is soon to be current. If it is soon to be current, then it is very difficult to establish that you will leave the U.S. after entering. However, if the priority date is very far into the future, and you can establish strong ties to your home country (and provide all the usual requirements for a tourist visa), then it should not be difficult to get a tourist visa.
The second step is to show proof that you MUST return to your country. That you must provide evidence that suggests that your return to your country after your visit is of great importance. In fact, not returning is threatening and may be somewhat “unthinkable” because you have much to loose.
In this case a letter from your office, proof of an impending appointment, bank statements, landed properties, are all good proofs but not sufficient. Simple. You need earth shaking proofs. E.g. you have a huge social or economic profile, you are due to accept a Nobel prize or something, you are the pastor of a nationally known church, you have established and well known businesses. Something, anything that can prove that it will be sheer madness for you to abandon to go and live the life of an illegal immigrant.
When you successfully cross the hurdle and get your tourist visa, in spite of your pending I-130 application, there are a few things you must know in order not be refused entry. There is a strong possibility of being turned back at the point of entry even if you manage to get the visa.
No matter how “afraid” or “scared” you are, you must remember to be honest. It’s important that the first thing that comes out of your mouth at all times is the truth when you are dealing with visa officers.
At the point of entry, when the officer realizes that you have a pending application to relocate, they could search your bags, and if they find things that people only carry when they don’t intend to return to home, it could be a problem. So, at least make sure your belongings are exactly that of a visitor, and not an immigrant. For example, NO CV or CERTIFICATES! should be in your bag, countless shoes, clothes and sentimental belongings are all red flags. Pack sensibly and minimally, the way a visitor would, so that at least if they decide to search your things to determine eligibility, you can be cleared on that front.
Also, they could look at your phone or email, any messages suggesting you have intentions to relocate under the guise of visitor’s visa will be your undoing. (I know someone who was searched including the private parts and WhatsApp messages, so you better be sure that your intentions are genuinely to visit before you board that plane).
Before we conclude todays’ article, it’s important to remind you our reader that the information found on our website is a general description of likely immigration and non-immigration visa application procedures. The information found on our websites does not constitute any form of legal advice nor does it establish an attorney/client relationship in any form.
Please note that while it is legitimately possible to have a consultant prepare the necessary forms regarding your application, we do not claim to get any favours from any embassy nor do we claim any affiliation with any embassy. Whether you use our consultancy services or not, you are responsible for your own application and answers in preparing and submitting your application.
At ServiceForts, we work every day with clients on all manner of visa and travel opportunities including:
Guide to processing a Canadian Express Entry – Permanent Residency

Work and Study Abroad Opportunities

Study Abroad Opportunities available world wide on Tuition Free, Partial Scholarships and Low tuition universities –

US/Bahamas Cruise starting at N350,000 only, which includes consultations in processing of  2 Visa application, accommodation, feeding and airport transfer arrangements –
China Visas, trade fair attendance including airport transfers, accommodation, registrations, local market visits and business visas starting at N150,000 only –
Relocate or Migrate Abroad Opportunities –
For first time visitors and business travellers to Dubai, We have a Dubai Importers Travel Package which includes visa, hotel, flight, airport transfers, breakfast, market guide, personal shopping guide, 4 Nights, 5 days, plus Dubai importers guide ebook. 
Please note if you are going for any of our trips, payments have to be made a minimum of 4 weeks before intended departure date. Click here to contact the office for price inquiry.
We also have the Dubai Importers Travel eBook Guide which includes details of contacts of wholesalers where you can source for products at best price, and also good hotels and agents to take you around. Click here to contact the office for price inquiry
We also work with freelance travel enthusiasts who’d like to promote our travel opportunity packages – click here
So, as you can see, it’s a whole exciting world of visa and travel opportunities at ServiceForts.
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We would love to read from you and we wish you the best in your next application.
Posted in Articles, Visa Denial Cases, Work and Relocate Abroad
2 comments on “How To Get A Visitors Visa Even If You Have a Pending I-130 Visa Application
  1. Tochukwu says:

    Am hapi wit ur site and information as regard traveling.kindly gv me ur office addr in nigeria i want to visit and then talk visa biz.thk u

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