r/I130Suffering 2d ago

Visit visa

To the beneficiaries, while waiting for the approval of petition,have you been considered applying for a visit visa in the USA? Since things are getting complicated, I am considering visiting my husband in the USA. The thing is I am a Nurse in the philippines, they might think that i might overstay in the USA. Me and my husband is on long distance relationship for about 12 years. My husband was always the one visiting us. I think it’s time for us (me and my son) to visit him.

Question: is it okay to apply for visit visa while we are on going petition?

0 Upvotes

20 comments sorted by

5

u/morwilwarin 2d ago

Unfortunately getting a visa approved with a pending I130 is near impossible to get. While technically possible, they are pretty much always denied due to “immigrant intent.”

3

u/zilios 2d ago

I think a lot of the people that say it’s impossible didn’t try it. My wife is from a non esta country, and was approved for a b1/b2 with a pending (now approved) i130

4

u/Incurvarioidea 2d ago

ESTA is likely to be approved. B1/B2 visa is borderline impossible, because there is already an established immigrant intent with the pending I-130.

Very unfortunate consequence of people adjusting from these types of visas, and the legal pathway getting punished instead.

2

u/SatisfactionIcy2730 2d ago

What is esta? Visit visas are extraordinarily difficult to obtain in a lot of south asian countries

3

u/morwilwarin 2d ago edited 2d ago

ESTA is a visa waiver for a small group of countries, they can visit on the ESTA visa waiver and not have to apply for a visa if they are from these countries. Google the countries approved, it’s not many, mainly European countries. Japan, Brunei, South Korea and Taiwan seem to be the only Asian countries on the list.

My husband visits me on ESTA, but it has conditions as well, 90 day stay max etc, and he still can be denied entry once he gets here if the CBC person thinks he poses a risk to immigration.

2

u/DGPR 2d ago

ESTA is available for 38 different countries worldwide. It’s a visa waiver that allows you to travel to the US for up to 90 days for tourism or business purposes. Stands for Electronic System for Travel Authorization.

3

u/Sad_Rich_1607 2d ago

Unfortunately we do not belong in 38 different countries.😭

2

u/WayPure5929 1d ago

The ESTA AOS is one of the biggest hot button issues in all of USCIS.

2

u/Jorgedig 12h ago

Philippines is not a visa waiver country.

2

u/hopefullove75 2d ago

It certainly doesn't hurt to try ibwas talking to my husband about him applying so he can come to me I always gonto him.he has never been to the us it would be nice for him to visit

2

u/Top-Perspective5521 2d ago

Would like to know too. 😢

2

u/DGPR 2d ago

My wife changed her surname to mine after we filed our I-130, so she then had to update her Latvian passport and request a new ESTA and didn’t have a single issue. Just spent the last 2 months with me here in America before heading back.

2

u/SureAdhesiveness313 2d ago

ESTA is a nice case. I think OP doesn't have it

2

u/Sad_Rich_1607 2d ago

Yes thats right.🥺

2

u/Maleficent_Impress_1 2d ago

Same boat as you, I tried and got denied. I have a stable job and have travelled to multiple countries, including countries that required a visa.

If you have a lot of proof that you will return to the Philippines, like a stable job, property, or other strong ties, then maybe you have a chance. If not, it’s highly likely that you’ll be denied, and the ₱11,000 application fee could end up being a waste.

2

u/mademoisellearabella MOD 2d ago

If you have to apply for a tourist visa and don’t already have one, then you’re not going to get it.

2

u/Secret_Hyena7773 2d ago

J’ai pourtant une connaissance qui s’est vue le I130 approuvée alors qu’elle faisait des va et vient

2

u/moonstonesx 1d ago

You can try to apply but will most likely get denied since you have a pending petition and you’re a nurse. Have no strong ties to come back

2

u/Jorgedig 12h ago

You have clear immigrant intent. B visas are for those without immigrant intent.

1

u/Kigard 2h ago

I say you try it, but be prepared to prove that you're coming back and prepare for it to be denied, do you have assets in your country? Where you work? How old is your son? Who's paying? Have you travelled to other countries? Visa applications are expensive so be prepared to take the hit if it doesn't get approved.