R-1 visa denial

[icelexx 0]

Good evening,

I'm seeking for an advice in my situation. I came to US on M-1 visa and successfully graduated Bible college where I met my future wife and we got married (she's not a US citizen, was on M-1 visa as well).

A month prior to my graduation I applied for R-1 visa (I found the church that wanted to hire me). It was in May 2012. My wife applied for R-2. This Monday we received an answer that my application got approved but I am not eligible for this visa due to a period of an unauthorized work. There was a short period when I was helping some international students' outreach and I wasn't aware that I needed an authorization for this kind of job, but as soon as I found out-I stopped working.

Does it make sense to file an appeal or ask for waiver? Or it's better to reapply completely? My wife did not receive an answer for R-2, but it should be a denial since I didn't get my visa

All this period I was and still am in the US.

Hope for some advice.

God Bless

[canadian_wife 1,826]

Your wife's R-2 would not be approved if your R-1 was denied

A re-application won't change the fact you had unauthorized work. Were you given at time of when you are required to leave the US? I assume you do not currently have legal status in the US?

good luck

[icelexx 0]

I was given 180 days to leave the country. I was suggested to go to the embassy back home with the approval notice and try to apply for R-1 visa and as I know my chances are very low due to all the history of denials in Ukraine. I'm just trying to find if there is some other option that will avoid my departure.

[Boiler 45,912]

I think you mean Status not Visa as you can not obtain a Visa in the US.

To Adjust Status you have to have a Status to adjust from.

But this is an issue for your prospective Employers Lawyers, they should be advising you.