U.S. Embassy - generous with wife's tourist visa !

[HSTEACH]

If they come to the US on a K-3 visa (spousal) , no Advanced Parole is necessary to leave the country while AoS is being processed. It (K-3) is valid for two years and during that time period, unlimited exits/entrys are allowed.

[dean]

Looking at "advance parole," it states that it doesn't apply if the person is here illegally. My nephew's wife is here on a tourist visa, issued in her name. They had a large family wedding in Guadalaria on a Saturday and flew to L.A. on a Monday. There is no chance of her being deported but she can't work and feels she can't take a chance in going to Mexico and trying to get back in with the tourist visa. I'll run the "advance parole" by my nephew and see what he thinks.

[Tiger Moth]

Your experience, "My wife applied this week for a tourist visa at the U.S. Embassy to accompany me to the States. It was granted the next day; and, we were pleasantly surprised to see that the visa is good for 10 years.".

 

I wonder if you received some preferable treatment due to your medical condition. My wife applied a couple of months ago and was given an appointment for an interview for 2 months down the road (will be the day after tomorrow and we have been anxiously awaiting this as we are planning a holiday to the US next month and want to know she is approved so we can complete our plans). I don't think my wife was treated any different from many other people "applying" at the Embassy that day. Various paperwork given a quick check and held and interview scheduled.

[Guest]

>> Looking at "advance parole," it states that it doesn't apply if the person is here illegally. My nephew's wife is here on a tourist visa, issued in her name.

 

Advance parole can be used by a foreigner who is "out of status" under certain conditions. The person may not have been "out of status" for more than 180 days, but to be "out of status" for less than 180 days is ok. I believe that the count of days "out of status" is prior to applying for the adjustment of status.

 

Naturally, you should check with an immigration lawyer before she takes any risk. Also, even with advance parole, the risk is not zero. It is possible that the BCIS officer at the port of entry can refuse her entry, although this is apparently not common. My wife was re-entering once on an advance parole and was asked personal questions by the officer such as "where were your husband's parents born?" If he hadn't liked her answers he could have sent her back. I was always a little nervous when she was travelling under advance parole.

 

Khun Pad Thai

[..]

KhunPadThai said:

It is possible that the BCIS officer at the port of entry can refuse her entry, although this is apparently not common.

Of course, you do know that that is ALWAYS the case with any visa anywhere. The immigration officer has the final irrefutable say if you can come into the country or not. The visa only is a "pre-qualification" to allow you to present yourself in front of said immigration officer.

 

Cheers,

SD

[sfinkz]

"The immigration officer has the final irrefutable say if you can come into the country or not."

___________________________________________________

You got that right. 7-to-10 years ago Portland port of entry had a refusal rate exponentially times the norm, mostly for Asians on the waiver program. Delta threatened to pull out their hub and the local newspaper won a Pullitzer for uncovering blatant racism. My now-wife was snared and sent home on same plane she arrived on, meaning she could only enter on a K-1 fiancee visa, the furthest thing from our minds. But it's OK, I love her. Maybe, however, her earlier refusal was responsible for the six-year wait. Or perhaps the crank calls I made to PDX's INS private hotline.

[New Petchburi Pete]

I made sure I had access to the microphone when it was our turn to submit her visa application. As she handed the lady the paperwork, I spoke up and told the lady that the application was based on a medical emergency. We were told to enter the room in the building behind the desk where the application is submitted, and to wait until her name was called. When her name was called, she was told to come back for an interview at 2pm same afternoon. I had submitted a letter stating the circumstances. There was also a letter from the surgeon at BNH, and a letter from my American physician stating I would need my wife's assistance especially after the surgery.

 

Although we brought any and all possible pertinent documents to the interview, none were asked for or reviewed (marriage certificate, son's report of birth abroad of a U.S. citizen, purchase & sale agreement and deed to our hosue, etc.).

[BelgianBoy]

Pete,

 

One more question : is it her first visit to the States ?

 

BB

[New Petchburi Pete]

Hi BB,

 

Yes, this will be my wife's first visit to the United States.

 

We'll be there until early Nov. She tells me she is anxious to see snow ! ::

 

Snow isn't typically seen in Boston until December. But, if we visit the White Mountains, she should see some ... at least at the higher elevations. As for myself, I can't say I feel the need !

[steffi]

Any lawyer will tell you though that AP is no guarantee.

 

My wife has had AP for about 6 months and we've chosen to wait until after the interview before travelling.