Hello B2 Visa denied

[Harsh_77 718]

"Your wife had full intention to immigrate being married to USC. Really? Tell me what happens on April 14th 2035."

We have a daughter(step to me) we are negotiating custody for, her education in Ukraine is free(earned scholarship), ....AOS all time stats are 90 days , which can be viewed as adjustment and healthy time for the immigrant to start to adapt to their new home.. I sincerely doubt any get a drivers license on day 1 or find a job on day 1 and as I stated...we are about a year away from even filing I-130 for immigration purposes. Not only that but you prejudge that she wants to immigrate, or for that matter maybe I do not want to immigrate there...we have not decided where our permanent residence will be The USA seems like a likely choice I admit, but there are other options. Her experience here would have helped to determine that. I do not think any of this is imprudent nor illogical. As a US citizen I do blame the country just a tad, we can do better..I know it, you know it and we all know it. We are the country after all...

Being married to USC is good enough to show one has immigrant intention.

AOS in 90 days good luck.......

You would not believe how all the binding at home do not matter once ppl cross the POE.... maybe not in your case but in past ppl have done it and hence system does not trust anyone or give them benefit od doubt.

I can tell you personally I had job lined up from day one I landed.

Personally I think CR1 is a better option... but each individual has to make a call for themself either to go for K1 or CR1.

[pushbrk 12,979]

"Your wife had full intention to immigrate being married to USC. Really? Tell me what happens on April 14th 2035."

We have a daughter(step to me) we are negotiating custody for, her education in Ukraine is free(earned scholarship), ....AOS all time stats are 90 days , which can be viewed as adjustment and healthy time for the immigrant to start to adapt to their new home.. I sincerely doubt any get a drivers license on day 1 or find a job on day 1 and as I stated...we are about a year away from even filing I-130 for immigration purposes. Not only that but you prejudge that she wants to immigrate, or for that matter maybe I do not want to immigrate there...we have not decided where our permanent residence will be The USA seems like a likely choice I admit, but there are other options. Her experience here would have helped to determine that. I do not think any of this is imprudent nor illogical. As a US citizen I do blame the country just a tad, we can do better..I know it, you know it and we all know it. We are the country after all...

Now, you're just being silly. In your first post you indicated the intention to immigrate. Consulate don't really care WHEN you SAY the immigration is intended to occur, BECAUSE they know that once IN the USA, the spouse of a US Citizen can simply STAY and adjust status. The Consular Officer followed the law.

A K1 would not have helped you BECAUSE you still have the issue with the child. This forum is not for ranting or sour grapes. It's for immigration help.

File you're I-130 when ready. In the meantime, learn the process and get prepared. The Consular Officer did his/her job and did it correctly. YOU were the ones who didn't prepare. If you had properly prepared, you wouldn't have wasted your time and money applying for the B visa to begin with. Live, learn and get on with life.

You're right now though about one thing. Unless its Canada or a VWP country, the USC needs to expect to do the traveling.

Edited August 14, 2012 by pushbrk

[EricandTanya 0]

Now, you're just being silly. In your first post you indicated the intention to immigrate. Consulate don't really care WHEN you SAY the immigration is intended to occur, BECAUSE they know that once IN the USA, the spouse of a US Citizen can simply STAY and adjust status. The Consular Officer followed the law.

A K1 would not have helped you BECAUSE you still have the issue with the child. This forum is not for ranting or sour grapes. It's for immigration help.

File you're I-130 when ready. In the meantime, learn the process and get prepared. The Consular Officer did his/her job and did it correctly. YOU were the ones who didn't prepare. If you had properly prepared, you wouldn't have wasted your time and money applying for the B visa to begin with. Live, learn and get on with life.

You're right now though about one thing. Unless its Canada or a VWP country, the USC needs to expect to do the traveling.

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum.

[Miss M 54]

Just to add to what everyone has already said - the choice of K1 versus CR1 is very personal so you can't just prescribe 'one size fits all' advice. For us, CR1 just seemed easier since I didn't need to do AOS and needed to be able to drive ASAP because we have a son who needs to be driven to and from school everyday, and my husband travels a lot for work so I needed to be mobile as soon as possible.

And just so you know, my first visitor's visa was denied but we tried again having done a little more research and prepared better, and I got it. I travelled to the US numerous times before we finally tied the knot and did my CR1.

[Harsh_77 718]

Just to add I just came across someones K1 timeline on VJ and it was 340+ days from K1 to AOS.

Which is no shorter than doing CR1.

And this person was from UK.

[pushbrk 12,979]

Just to add I just came across someones K1 timeline on VJ and it was 340+ days from K1 to AOS.

Which is no shorter than doing CR1.

And this person was from UK.

Most people choose the K1 because at the moment of choosing, it's significantly faster. This is because they usually do the choosing after they already have a fiancee they've met in person but do not have a spouse. They can file the petition for fiancee now but have to wait until they can travel again and marry before filing a petition for spouse. Filing to visa interview varies only a few weeks but if you don't have a spouse today, you're often more concerned about the timeline from today to together, than from filing to interview.

[Boiler 45,673]

Your main problem is that your Spouse is dealing with a Consulate where a lot of the applicants forget to return home.

[amyandjorge 76]

Your main problem is that your Spouse is dealing with a Consulate where a lot of the applicants forget to return home.

LOL

...but seriously

We never even tried to get a tourist visa for my husband, he was a student throughout the process and wasn't employed (sounds like your partner is unemployed and doesn't own land). This is the case for A LOT of people. The CR1 was way better for us, once he got here all our immigration was done and we could focus on making sure he got his SSN, DL, bank account, car, job, phone... lots of stuff to do still. (and yes, my husband took his DL test the same week he got his SSN, his idea of 'adjusting' is hitting the ground running)

I made the most of it, visiting him 3-4 times a year. I got to know his family, which made his move a lot easier for the both of them. I became a lot more familiar with his culture, foods, friends.

No use in getting worked up now, there will be plenty more difficulties ahead. And Boiler has a point, a lot of the issues we have with immigration are due to citizens of certain countries being more prone to certain behaviors.

[Harsh_77 718]

Most people choose the K1 because at the moment of choosing, it's significantly faster. This is because they usually do the choosing after they already have a fiancee they've met in person but do not have a spouse. They can file the petition for fiancee now but have to wait until they can travel again and marry before filing a petition for spouse. Filing to visa interview varies only a few weeks but if you don't have a spouse today, you're often more concerned about the timeline from today to together, than from filing to interview.

You are right... I just added that point as OP had made one comment AOS from K1 is 90 days.

My Comment was just to bring reality to OP that 90 days is ideal but does not happen in all case.

Edited August 14, 2012 by Harsh_77

[Boiler 45,673]

My K1 was 11 months.

[AmyWrites 593]

The CO made the right call. There is no reason to apply for the CR1 when you can just get a tourist visa and adjust status! Even the most law-abiding and good folks would be tempted to just adjust status once in the States. Just apply fr the CR1, it's slower than the K-1 but she'll be able to work and do stuff much quicker than with the K-1.

[Noel194 53]

"Your wife had full intention to immigrate being married to USC. Really? Tell me what happens on April 14th 2035."

We have a daughter(step to me) we are negotiating custody for, her education in Ukraine is free(earned scholarship), ....AOS all time stats are 90 days , which can be viewed as adjustment and healthy time for the immigrant to start to adapt to their new home.. I sincerely doubt any get a drivers license on day 1 or find a job on day 1 and as I stated...we are about a year away from even filing I-130 for immigration purposes. Not only that but you prejudge that she wants to immigrate, or for that matter maybe I do not want to immigrate there...we have not decided where our permanent residence will be The USA seems like a likely choice I admit, but there are other options. Her experience here would have helped to determine that. I do not think any of this is imprudent nor illogical. As a US citizen I do blame the country just a tad, we can do better..I know it, you know it and we all know it. We are the country after all...

I understand that you are frustrated but the simple fact is that a lot of OTHER people have abused the B2 visa and stayed in the USA and you are paying the price. If everyone who was issued a B2 went to the USA and returned when they were supposed to don't you think everyone would be approved? The fact is a lot of people do not want to wait the required time for a K-1 or CR-1 so they apply for a B2 and adjust status while in the USA. The Embassy Official is required by law to assume that your wife's intention is to immigrate and SHE must convince him otherwise and there is no list or magic words that can guarantee that.

[bigdog 376]

We did K1 but in retrospect would have gotten married first, one you touch down it is all go and gives you more time to wrap up your affairs as married.