B2 for LPR spouse from Europe

[HannaB 3]

I would like to know if anyone has been succesful in obtaining a B2 visa for a spouse of an LPR when the spouse is from Europe?

I would like to visit my husband in April and due to once having had my application for admission under the VWP withdrawn (in 2010), I cannot travel under the VWP. The reason for why my application for admission was withdrawn was because I had already been in the US as a tourist 180 days that year which apparently is the maximum (I didnt know that at the time). Since then I have been issued an H1B but left the US and abandoned my H1B because I didnt feel that the company acted in line with my personal values.

I am from Sweden where I have a good job in accounting for a multinational company. I will bring a letter from the company veryfing that I work here and for how long I have been granted vacation. I own a condo and have my entire family here expect for my husband. I have traveled to the US several times, both under the VWP and on different visas (J1, F1 and H1B) and have never overstayed by even one day.

Since my husband is an LPR and not a USC and my priority date is 6/1/2010 I cannot change my mind about returning to Sweden once in the US and instead file for AOS. My husband is a few years from being able to naturalize. I am well educated (master degree in finance) so hiding in the US for a few years until my husband can naturalize is far from an option for me.

I am attending an evening class in French here in Sweden and am scheduled for a financial exam in June here in Stockholm which I paid $850 for. I guess I could just quit my French class and not attend the exam but I hope that they at least have some weight in addition to my other proofs that I will return and that until I get my GC I have an ongoing life here in Sweden as oppose to just waiting to move to the US.

What do you guys think about my chances? Anything else I could bring? I understand that you cannot predict what the CO is going to say but I appreciate any input from your own experiences and advice.

Thank you,

Hanna

[HannaB 3]

A few months after my I-130 was submitted, my J1 visa expired and I left the US before the visa expired. After that I came back on the VWP twice and left the US before the expiration date both times. Then in February 2011 I got an H1B but left my employment last summer and immidiately thereafter left the US. I hope that will show the consular officer that I have no intent to overstay a potential B2.

[Harsh_77 718]

you can try, no one can tell if you would get B2 visa or not, most cases which are similar to yours would not get a B2 visa.

You can still try and see how it goes worst case scenario visa is not approved.

[tumosui 0]

Something you can do

[Boiler 45,519]

I agree, you only have the fee at risk.

[HannaB 3]

I am definitely going to try. Does anyone know of someone that has been in a similar situation and that person's outcome?

[Harsh_77 718]

I am definitely going to try. Does anyone know of someone that has been in a similar situation and that person's outcome?

What you want to do is nothing new ppl have tried it over for years and as everyone told you in most cases the outcome is negative.

[HannaB 3]

I am well aware of that but I posted this topic because I wanted to know if anyone knows of someone specific in a SIMILAR situation to mine and that persons outcome. The only other people I have read about here on VJ are unemployed people from Africa or Asia. My situation where I am from a rich European country with a good job where I make good money is completely different.

[Boiler 45,519]

and whose citizens would usually use the VWP.

[HannaB 3]

I dont need anyone to guess what the CO is going to say because nobody can predict that, I am simply asking if someone knows of people in similar situations that have applied for B2 visas and if those particular people were approved or denied. Thank you for your time and help.

[Boiler 45,519]

I was denied a B2.

[Harsh_77 718]

I am well aware of that but I posted this topic because I wanted to know if anyone knows of someone specific in a SIMILAR situation to mine and that persons outcome. The only other people I have read about here on VJ are unemployed people from Africa or Asia. My situation where I am from a rich European country with a good job where I make good money is completely different.

It has nothing to do with if you are from rich european country or you are from some coutry in Africa or Asia, what u are asking for has nothing to do if you make a dollar a day or thousand a day.

Are you trying to tell ppl from europe don't overstay their visa in US? European don't look for easier way to get into US over someone from Africa or Asia?

[rika60607 215]

Not entirely similar, but I know of someone who got B2 approved in Russia - to visit LPR daughter (the only child) and a newborn baby (the only grandchild). That scenario is as impossible as getting B2 for visiting an LPR spouse from EU.

You have a chance, but you must come to the interview prepared with lots of documents showing the reasons why you would return and be emotionally prepared for denial.

While it may not be a big deal which country you are from, the CONSULATE where you apply for a visa matters. Some are notoriously tough and others very nice. In your country, I'd expect nice.

Good luck and let VJ know if it works for you!

I dont need anyone to guess what the CO is going to say because nobody can predict that, I am simply asking if someone knows of people in similar situations that have applied for B2 visas and if those particular people were approved or denied. Thank you for your time and help.

[HannaB 3]

Thank you Rika60607, your answer was helpful.

Boiler, what ties did you show to your home country? Are you employed full time making decent/good money and did you show that? What is the reason you applied for a B2 instead of traveling under the VWP. We are both from low fraud countries but apart from that you havent explained to me how your case is similar to mine. I appreciate your help.

[HannaB 3]

You can disregard my last question as I just noticed that Wales is not a participant of the VWP.