B2 - Visitor Visa For Wife help...

[Greggy 0]

Hi,

My wife and I live in Ukraine for past 6 years together, have 2 kids(us citizens from birth aboard, wife is Ukrainian citizen.

This year we planned on going to the US and it seemed the easiest way was to file for I-130 and wait 3 months to get her permanent residency. When tried to apply, we were told that I can not apply even though I haven't been in the US for at least 6 months, I my Ukrainian registration expired.

Since the registration process is lengthy, new I-130 appointment and the wait time, all is going to take to long.

At the Embassy we were told the fastest way to enter the US would be a B@ visitors visa.

Now my question is how to go about applying for the B@ visitors visa? What documents are needed? Is Affidavit of support Needed and can there be a join sponsor from the US? Do I just call the call center and apply my wife for an appointment or do I have to somehow invite her(can I do it from Ukraine)? Can she apply for adjustment fo status in the US if we decide to stay or she cant under the B2 visa?

Please help....

Thanks You!

[milimelo 4,545]

Hi,

My wife and I live in Ukraine for past 6 years together, have 2 kids(us citizens from birth aboard, wife is Ukrainian citizen.

This year we planned on going to the US and it seemed the easiest way was to file for I-130 and wait 3 months to get her permanent residency. When tried to apply, we were told that I can not apply even though I haven't been in the US for at least 6 months, I my Ukrainian registration expired.

Since the registration process is lengthy, new I-130 appointment and the wait time, all is going to take to long.

At the Embassy we were told the fastest way to enter the US would be a B@ visitors visa.

Now my question is how to go about applying for the B@ visitors visa? What documents are needed? Is Affidavit of support Needed and can there be a join sponsor from the US? Do I just call the call center and apply my wife for an appointment or do I have to somehow invite her(can I do it from Ukraine)? Can she apply for adjustment fo status in the US if we decide to stay or she cant under the B2 visa?

Please help....

Thanks You!

No, you can't come on B2 and adjust status. Follow the proper way - file I-130 in the US if you can't do DCF.

[Greggy 0]

What if we do some how file for the I-130(form US or DCF), is there a way she can enter the US after it files on some other visa right away. For example, can we file the I-130 and then make a visitors (B2) visa while waiting for the I-130. Seems a bit strange that our kinds and I can enter the US and their mother has to wait 6 months to do so....

Thanks!

[belinda63 3,046]

She can apply for a visitor's visa but she will have to show proof of ties to her home country to show she intends to return and not remain in the US since a visitor's visa is just that, for visiting. She will have to return to her home country (if currently visiting in the US) for her medical and interview.

For her to enter on a visitor's visa with the intent to adjust status is visa fraud and could result in a life-time ban from the US.

[Brother Hesekiel 2,236]

First of all, if your wife (who has to apply on her own without your help) applies for a B2 visa in the Ukraine, they will ask her "why do you want a visitor's visa?"

What is she going to answer? Is she going to say: "To go to the US with my husband and children, all of who are US citizens, and to live there happily after" or is she going to lie and say: "I just want to explore the beauty of Nebraska or North Dakota, nothing else."?

In the former case, it would be an outright denial, and in the second case, it would be misrepresentation.

The penalty for misrepresentation is a lifetime ban.

There's your no B.S. answer.

Edited May 19, 2010 by Just Bob

[Boiler 45,979]

I would not have thought her chances of getting a visa would warrant this discussion being other than academic.

[Greggy 0]

The purpose of the visa would be exactly for that reason, visiting. Since she never visited the US, it would only be wise if she was able to come and visit with all of US and then go back and decide weather she want to stay or not.

The main question is can I apply for the I-130(From US or Ukraine) for her while she is still visiting with us in US, and she can go back when she is called up for the interview? Or can I apply for the I-130 and then can she get a visitors visa while its being processed for 6 months, then go back to Ukraine when its ready. Basically, if non of this is possible, one of us has to say goodbye to the kids for 6 months...

[LIFE'SJOURNEY 970]

Gregg, there are missing pieces to your question,

1. Do the children have US passports?

2. Why are you unable to file for DCF?

3. A visitor visa stands for exactly what it's title as. To visit and leave the US.

4. If you are already married and come to the US on a visiot visa you will find it hard to adjust the status of a vistor visa.

5. Your wife can be denied enter at POE with a vistor visa if it is determined that her true intent is to migrate.

[Greggy 0]

Gregg, there are missing pieces to your question,

1. Do the children have US passports?

2. Why are you unable to file for DCF?

3. A visitor visa stands for exactly what it's title as. To visit and leave the US.

4. If you are already married and come to the US on a visiot visa you will find it hard to adjust the status of a vistor visa.

5. Your wife can be denied enter at POE with a vistor visa if it is determined that her true intent is to migrate.

1. Yes, both of them.

2. Haven't been to the US for 3 years, but have no official Ukrainian registration for past 1 year. Had a problem with renewing it since they consider me a Ukrainian citizen since I was born here and never renounced Ukrainian citizenship.

3. Yes, visit and leave, and come back again to stay only if I-130 ready. Possible?

4. It is easier if not married?

5. i can kinda see why since she will have no children of husband to leave behind in Ukraine, but very Unlikely. Why would her kinds and husband be US citizens and her hiding as an illegal immigrant? Especially when she has full rights for the I-130 visa (even better if the I-130 is already files), why would she not come back to pick up her legalizing documents.

[Greggy 0]

EDIT: Now im wondering if I have the right to get the Ukrainian passport and go to the proper authorities to get my Ukrainian passport reissued then show it at the US embassy, maybe I wont be required to show a registration in the US passport?? Will me reacquiring Ukrainian passport(since im already a citizen of Ukraine), will that some how murt my US citizenship??

Thanks!

[LIFE'SJOURNEY 970]

Gregg, what is the rush for coming to the US, if you file the I-130 now you'll should be finish within the next 5-8 months. I don't understand the statement of leaving the children while waiting on the CR1 petition to go thru it's process or was this just a vent.

You can try to obtain a visitor visa, but just be prepare that all may not work out the way you wants it to. There are too many variables that can make it turn into a disaster.

EDIT: Now im wondering if I have the right to get the Ukrainian passport and go to the proper authorities to get my Ukrainian passport reissued then show it at the US embassy, maybe I wont be required to show a registration in the US passport?? Will me reacquiring Ukrainian passport(since im already a citizen of Ukraine), will that some how murt my US citizenship??

Thanks!

No, you can have your Ukraine passport, but the US will only be concern with the US passport.

[Brother Hesekiel 2,236]

I was under the impression that Ukraine does not allow dual citizenship and that if a Ukrainian takes on US citizenship, he automatically loses his Ukrainian one? If that's correct (not sure), than applying for a new Ukrainian passport would indeed be like flirting with jail time.

[Greggy 0]

I was under the impression that Ukraine does not allow dual citizenship and that if a Ukrainian takes on US citizenship, he automatically loses his Ukrainian one? If that's correct (not sure), than applying for a new Ukrainian passport would indeed be like flirting with jail time.

Thats a good point, but that is exactly why they could deny registration, because they do not allow duel citizenships. So the easiest thing for them to say is, we dont care that you have a US passport, we don't recognize it and not going to do any registration there since you are supposedly a Ukrainian citizen for us.

That is pretty much, but in a nicer way, what they said to me. After I don't them "BUt....I don't have a Ukrainian passport and never had one", they replied by saying I should go to the Ukrainian Ministry office and file for one.

The funniest thing is that I was able to do registrations before, but when people change at the work place, they play by different rules...