desperate situation, need help, confusing info on K3

[so_confused 0]

I've presented my situation long time ago, but now it's really bad: I'm in Romania, waiting for my J1 foreign residence requirement to be over, I have 5 more months to wait, my I-129f has been approved.

My husband has just left Romania, he's in US now, he came here to be with me for a little while.

The bad news now: his daughter needs a kidney transplant, he will be the donor. I want to be there for him. He's called the Embassy, they've told him I should apply for a visitor visa , see what happens.

My questions:

- how can I get a visitor visa while I'm waiting to apply for an immigrant visa? Is this possible?

- if I get a visitor visa (theoretically), do I have to come back to Romania and apply for K3? Will the time spent in US count against me?

Please, help me. I'm lost.

Thank you

[aussiewench 9]

Im sorry to hear of the medical situation with your husband and his daughter. That would be upsetting being so far away from them. I wish you all the very best.

You can apply but whether they grant you one is up to them. Staying in the US and not returning for the K-3 interview could create an issue when doing AOS as it would be difficult to show you didnt have immigrant intent on entry.

Lorelle

[dawnnhatem 0]

I know you would want to be there...but was something stopping him from bringing his daughter? Have you applied yet for the visitor visa? All you can do is apply and the sooner you do the sooner you will know if they allow it, but in the meantime, is she ok while you wait for your visa? That sounds so scary. I feel bad for you.

[so_confused 0]

Thank you so much for your replies, it's a crazy situation, it's hard to believe they would grant me a visitor visa, since the first requirement is non-immigration intent, I don't really know what to do. If they would deny the visitor visa, it might look bad when applying for the K3, I mean, why would someone apply for a visa knowing it's almost impossible to get it? It's a mess and I'm this close to go crazy.

Thanks again, you're very nice people.

[meddykomp 0]

I know you would want to be there...but was something stopping him from bringing his daughter? Have you applied yet for the visitor visa? All you can do is apply and the sooner you do the sooner you will know if they allow it, but in the meantime, is she ok while you wait for your visa? That sounds so scary. I feel bad for you.

I would imagine that the fact that his daughter has serious health problems would be a reason for not bringing her to Romania. Someone who is seriously ill generally should not travel unless it is required to get the necessary treatment. Despite reforms that are taking place to improve health care in Romania, it is still often difficult for Romanians to get quality medical care, so that probably was not an option for the OP's step daughter.

So_confused, my thoughts are with you, your husband, and your step-daughter and I sincerely hope that you are reunited soon and that everyone is healthy and happy.

~Angel~

[dawnnhatem 0]

I misunderstood, I read it as though the daughter was in Romania and needed to come to the US for care, Mom wanted to bring her. Its still very sad. I would still apply for the visitor visa, and if it does get denied, I wouldn't expect that to be held against you. I would also think that having a k-3 interview in 5 months or so is a good reason to return. I don't know. My thoughts are with you

[know 0]

Thank you so much for your replies, it's a crazy situation, it's hard to believe they would grant me a visitor visa, since the first requirement is non-immigration intent, I don't really know what to do. If they would deny the visitor visa, it might look bad when applying for the K3, I mean, why would someone apply for a visa knowing it's almost impossible to get it? It's a mess and I'm this close to go crazy.

Thanks again, you're very nice people.

If the Embassy said so, I would follow that path strictly; then, if they make any difficulties for the other steps to follow because of that, I would say the Emb said so....But, I would get back to the Emb to ask more questions, i.e.:what would be the consequences of such VV application. I still would believe they are the best to know what to do in this complex situation and with all the possibilites. And I would make sure that the VV is ok by asking: are you sure enough that's ok to the point you would write me on a paper that advice? After all, you can not be responsible if you tried to get the right advice and it was not, especially with a such important medical condition in the family.

As a newbie, I am descouraged, but I believe that all is also how we argument: a medical condition is a good argument, a vital one in my opinion. And, know the law and the complexity of it. That helps the argumentation.

Go girl!

[zyggy 9]

Thank you so much for your replies, it's a crazy situation, it's hard to believe they would grant me a visitor visa, since the first requirement is non-immigration intent, I don't really know what to do. If they would deny the visitor visa, it might look bad when applying for the K3, I mean, why would someone apply for a visa knowing it's almost impossible to get it? It's a mess and I'm this close to go crazy.

Thanks again, you're very nice people.

If the Embassy said so, I would follow that path strictly; then, if they make any difficulties for the other steps to follow because of that, I would say the Emb said so....But, I would get back to the Emb to ask more questions, i.e.:what would be the consequences of such VV application. I still would believe they are the best to know what to do in this complex situation and with all the possibilites. And I would make sure that the VV is ok by asking: are you sure enough that's ok to the point you would write me on a paper that advice? After all, you can not be responsible if you tried to get the right advice and it was not, especially with a such important medical condition in the family.

As a newbie, I am descouraged, but I believe that all is also how we argument: a medical condition is a good argument, a vital one in my opinion. And, know the law and the complexity of it. That helps the argumentation.

Go girl!

1) Have you have the interview and been issued the K visa yet.. If so, then you cannot get a B visa since you can only have 1 visa at a time.

2) It doesn't look bad if you have been denied a B visa because they felt that you had immigrant intent. The K visa means that you do have immigrant intent, so the denial of a B visa would not affect the K visa in this case

3) The issuance of the B visa will be determined based on evidence that you present that shows that you have significant ties to Romania. Is your spouse a resident of Romania, if so, then having your spouse in Romania would be a good tie that you will be returning home. Bring evidence of his and your ties to Romania, this will help you in getting the visa...

[so_confused 0]

Thanks a lot, guys. I've called the Embassy again and I've found out what I need, if I get a B visa, I need to come back for the K3, that's not good, also, the time spent in US will count against me, my husband said I shouldn't, we've waited for 1 year and 8 months, we're so close to the end of this, I guess there's nothing else left to do than wait and hope for the best with his surgery. It makes me sad and I was afraid that something like that might happen, but that's life. Anyway, I just wanted to let you know.

Thanks for all the support.

Daniela

[aussiewench 9]

*HUGS* Daniela