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Here is my situation:

  1. My father (US Citizen) has filed a family-based petition for me 2 years back after I was newly married.
  2. I now fall under Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children.
  3. Now that I have an infant first-born (1 year old as of this writing), I would like to apply for B2 visa for him and my wife so that we could visit my parents on the coming holidays. We intend to stay for only 1 week (December 25 up to New Year).
  4. I have existing valid US B1/B2 Visa and have travelled to the US multiple times and have proven that I always returned home and never overstayed.
  5. My wife has solid work track record of more than 5 straight years (3 years in her first company and more than 2 years in her current company).

Does the petition raised by my father for me have any effect on the B2 Visa application if my wife and baby? I want to of course avoid refusal and am seeking advise what is the best course of action and answer to the consular officer if the question arises on my wife’s interview?

We want to prove that we only want to visit my parents for the holidays and we will never unlawfully overstay.

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Yes and no. Yes, it does signal immigration intent on your family’s part which does mean that your (wife’s) paperwork should be spotless.

No, past experience has been that it really doesn’t increase your risk significantly as the wait time for family petitions is quite long (over ten years) and it’s recognized that family petitioners are some of the safest people as they don’t want to jeopardize their position in the queue.

TLDR: make sure your wife’s paperwork is absolutely unchallengeable. Have a solid itinerary with return ticket. Get all the bank statements showing regular salary deposits. Get a letter from her boss. Show that you own a house or long term lease. Show you’ve registered for preschool for your child. Etc etc.

Update: Your family’s immigration lawyer has advised that you withdraw your application as the current (2018.11) Trump administration has been rejecting people in the same situation. I advise you follow this advice.

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    Hi @RoboKaren, my parents called their immigration attorney for advise. And the lawyer answered negatively that with the current climate in immigration due to Trump’s policies (apart from us being Philippine citizens, being in a 3rd world country), it is very likely that my wife and baby will be denied. He says my wife may build a strong paperwork but VO might just overlook/ignore it, deny both my wife and baby and may also cancel my existing visa. I got afraid that I am also risking even my visa. What is the next best course of action? Hoping for your kind advise. – youinc Nov 5 '18 at 21:33
  • That may be true. Trump has changed many things. I’m so sorry. Maybe you can all vacation in Cancun or Toronto. – RoboKaren Nov 5 '18 at 21:47
  • Thank you for the insight @RoboKaren. Is it possible at all to cancel the interview? I am fine losing the money. I don’t want my baby and wife to get refusal. Should they just not appear at the interview that we scheduled already? – youinc Nov 5 '18 at 21:50
  • And may I also gently ask what would be the possible implications/ramifications of not appearing in their interview in the coming future? Say when they re-apply for visa in the future? Will they be questioned on why they did not appear on their first visa application interview? – youinc Nov 5 '18 at 21:53
  • I would follow your specific legal advice and withdraw your applications. Paid legal advice is better than random internet strangers. – RoboKaren Nov 5 '18 at 21:55
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since all of you are already applying for immigration visas, the visa officers must have known your situation and they can or cannot reject your B2 visas. Tourism visa is designed to travel not immigrant.

It's really depending on how lucky you are.

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