A complicated situation! Wife of 12 years and 3 children

[Boiler 45,767]

If she obtained a B2 she would unlikely to have issues at the POE.

[DonWG 4]

Thanks to everyone for their input. I feel that I now know my situation much better!

[Jawaree 718]

I say file I 130 with expedite (docs proving dads deterioration)

add family re-unification arguments, A tourist visa will most likely

not be granted..Y waste time & money...go for spousal visa while she

wraps up things there in her country 10-14 mths is not that long

if expedite is not granted but the chance of approval is good

[Mark88 184]

So how does that work? If denied at POE and you want to appeal, where does the immigrant go? Back to their home country or can they remain in the US throughout the appeal process?

If the IO denies her entry based on a B-2, she would spend some hours in holding, until she would be able to talk to a supervisor. Usually alot of cases are resolved within 24 hours this. If out there still is no resolve, she can appeal infront of an immigration judge. This however can take several days until she gets a hearing. Most choose voluntary departure in a case like that.

If she obtained a B2 she would unlikely to have issues at the POE.

I agree. If B-2 is granted, she already prooved to a CO her intention to departure (and since she already had a green card, wen through all the red tape).

I say file I 130 with expedite (docs proving dads deterioration)

add family re-unification arguments, A tourist visa will most likely

not be granted..Y waste time & money...go for spousal visa while she

wraps up things there in her country 10-14 mths is not that long

if expedite is not granted but the chance of approval is good

Chances on having an expedite granted are very, very slim, since it is your and not her father.

[LBeachey 45]

Did you surrender the green card formally or just let it expire? I was under the impression that if you formally surrender a green card it shows a lack of immigrant intent and makes getting a vistor's visa much easier even in those countries where obtaining one. Is typically difficult. However, I could see where just letting it expire might not show the lack of immigrant intent.

[DonWG 4]

Did you surrender the green card formally or just let it expire? I was under the impression that if you formally surrender a green card it shows a lack of immigrant intent and makes getting a vistor's visa much easier even in those countries where obtaining one. Is typically difficult. However, I could see where just letting it expire might not show the lack of immigrant intent.

We just let it expire. Although I'm not sure if would matter either way.

[Brit Abroad 166]

I would try for a visitor visa anyway. The fact that she was previously resident in the US on an active green card and chose to leave should tell any logical CO that if she was someone who was simply looking to get into America that she wouldn't have given it up.

The likelihood of your being denied an IR1/CR1 is pretty negligible after so many years of marriage and shared US children, so ultimately she is going to be in the US anyway.

Although many people would have you believe that Embassy staff can be heartless and pretty rough, I'm sure that most of them have enough brain cells to see that someone who wants to ultimately reside with husband and children in the US isn't likely to jeopardise that by overstaying a visitor visa.

Go ahead and try. It's money, sure, but it's also your time and your family being together for part of the filing period. Isn't that worth a little risk?

Edited October 1, 2013 by Brit Abroad

[Boiler 45,767]

Embassy staff do not deal with Visa's.

That falls within the remit of Consulates.

[Mark88 184]

Embassy staff do not deal with Visa's.

That falls within the remit of Consulates.

It's the consular section within the embassy. If working in an embassy, wouldn't they be part of the embassy staff?

Go ahead and try. It's money, sure, but it's also your time and your family being together for part of the filing period. Isn't that worth a little risk?

It's definatly worth a try. Go ahead.

[Mark88 184]

Although many people would have you believe that Embassy staff can be heartless and pretty rough, I'm sure that most of them have enough brain cells...

I haven't found one yet...

[uniquelyd 3]

I am a USC and have been married to my wife (Ugandan citizen) for 12 years. We have 3 children who are all USC.

She previously had permanent residency back in 2002-2006 but we have been residing in Uganda since then and basically forfeited that.

NOW...I returned to the USA 2 years ago and I would like my family to join me here but the IR-1 process of 8-12 months seems like an eternity! As an alternative I was considering that my wife tries to get a visitor visa so that my family joins me quickly and while here I can start the IR-1 process. If she is granted the visitor visa, she would not overstay but rather she would return to Kenya when necessary.

To prove ties to Kenya, she is the manager of a company we run there (employment) and she also has a small business of her own. She owns a car and rents a house. She has an active bank account but not much money in it.

So I have a few questions:

1. To what extent might the idea of coming with the children lessen her ties to Uganda? As an academic arguement, would she have a better chance at the interview and POE if our children remained in Uganda?

2. My father is suffering from Alzheimers and one of the reasons for their visit would be to spend some time with him before his condition degrades. Would a letter from a doctor (I'm not sure if this is even possible) explaining his condition have any positive effect at the interview?

3. If I do start the petition for IR-1 while she's in the US, is there any kind of risk in doing so?

I really appreciate any advice. Being away from my family for so long has been torture and I really need to be with them ASAP. But I also don't want to make a mistake.

Thanks in advance!

Don

Hi Don,

I didn't take the time to read all the responses to you and I don't know if anyone has already touched on some of the things I will cover; but the situation for my wife and I is very similar to your own. I think some of what we have been through would be beneficial to you. I am a USC and I have known my wife for 9 years and been married for 4 and we originally got her green card via the AOS route after she came to the US on a work visa as an Au pair; however, due to large number of family issues (after returning to her home country for a wedding), she could not find it within herself to leave the situation as is and decided to stay for awhile. Needless to say,the days quickly turned to months, and the "stay for awhile" ended up being more than a year. Being a novice with our new immigration issue, I contacted USCIS on several occasions for some direction and in each instance I was told to do something different and a lot of it made no sense ( I had to apply for a deferral, we will be facing immigration proceeding, only the US embassy could direct you from this stage, just have her bring her expired green card with her).

We did contact the US Embassy in her home country and they laid out two choices for us:

1) Start the process over by going the IR-1 route

2) Apply for deferment (Which I didn't think we qualified for and it didn't really make any sense to apply for the deferment because the letter specifically said it could take 3-5 months to review and the even if approved the visa process starts from the beginning.)

So in the interest to save time (so we thought), we decided to go with the IR-1 process along w/ the I-129F per there direction. THIS WAS A MISTAKE because we are still waiting with no end in sight. (At one point they couldn't even tell me where our paperwork was)

Here is what I would suggest to consider:

Think about pushing to obtain legal entry to the US for you wife first and then simply apply for an AOS once she is back in the country. There is nothing illegal or unethical about this route. It is much faster and for me personally it was less of a headache than what we are going through now.

As for your questions:

1. I really can't speak to the idea of coming with the children because it could really go either way and it really boils down to your interviewer; however, leaving the kids behind does seem to leave a strong impression of the intent to return to Uganda.

2. I think the letter can aid you guys in obtaining the visa more than it can hurt you and the depending on your fathers condition, it is possible that she could qualify for an emergency visa. I believe it just further strengthens the need for your wife to visit and the promotion of family unity.

3. As far as starting the process while your wife is in the US, one of the things you may want to consider is how hard will it be for you and your wife to direct your affairs in Uganda because once you start the process leaving the country again until the process is complete is extremely discouraged (don't do it!).

Some may argue that you are committing Immigration fraud or using unethical practices and for those I simply say "NO" it is not. As long as your wife is granted entry into the USA legally, the option to peruse an AOS is an available, legal, means of keeping your family together. Regardless of the level of incompetence we have working in our government and at USCIS, I can say with an extremely high level of certainty that if you picked up the phone and called USCIS right now - they will consistently tell you "As long as your wife is granted entry into the USA legally, the option to peruse an AOS is an available."

Now granted, this is all my opinion and at the end of the day the route you choose is your own choice for what is best for your family; but given my experiences from both sides of the process - if I could change my filing- an AOS is a lot faster (took me 3.5 months the first time) and what is ever more important is that regardless of how long it would have taken...my wife would be right there by my side vs 6200 miles away and 7+ months of waiting.

[MacauPDX 24]

I'm in a similar situation; wife is a USC, we've been married for 12 years and have 2 kids whoever are both USCs. I had a GC which I voluntarily surrendered on exactly 365 days having gone to work overseas knowing that I would not be returning to the US for a few years. I thought it would be a straightforward process to reapply for the GC. How wrong I was! I also assumed that at least there would be some concession for those with kids and a clearly bona fide marriage. My wife & kids are now back in the US for our youngest to start grade school and I also thought family separation might be taken into account... These not insignificant facts make absolutely zero difference. We've been advised to submit a request for assistance to our senator and to wait until all the docs needed for NOA2 are in hand before contacting the senator. A senator may be able to intervene and get your case expedited but there's no guarantee and I'm certainly not relying on this. I've also been knocked back on a B2 visa, but that's another story; I would say your wife is highly unlikely to get a tourist visa.

The whole process sucks and there seems to no way around it. I've gleaned a lot of invaluable info from VJ and you can too. And if you do have to be apart from your wife & kids, the best thing you and your wife can do is to not dwell on your situation and get on with life. At least with Skype you get to see and speak with each other when you want. I couldn't have imagined doing this pre-Internet...

[Mark88 184]

Here is what I would suggest to consider:

Think about pushing to obtain legal entry to the US for you wife first and then simply apply for an AOS once she is back in the country. There is nothing illegal or unethical about this route. It is much faster and for me personally it was less of a headache than what we are going through now.

You claim just to visit (what a B-2 visa is for) and then start the immigration process. This is exactly the reason why CO's deny B-2 visa's in the first place, since they think exactly this will happen.

2. I think the letter can aid you guys in obtaining the visa more than it can hurt you and the depending on your fathers condition, it is possible that she could qualify for an emergency visa. I believe it just further strengthens the need for your wife to visit and the promotion of family unity.

I see no reason for an emergency visa: First it is not her father, it is the USC's father. Even I personally see it beeing sad for the OP's father having Alzheimers and in this situation, but as long as it is not a life and death situation you will really have to find a sympathetic CO.

http://merida.usconsulate.gov/merida/emergencyvisas.html

3. As far as starting the process while your wife is in the US, one of the things you may want to consider is how hard will it be for you and your wife to direct your affairs in Uganda because once you start the process leaving the country again until the process is complete is extremely discouraged (don't do it!).

If you should go this route, apply for Advance Parole (I-131) at the same time. When approved, she can leave and reenter the country without any problems. Be sure to check "multiple reentries".

Some may argue that you are committing Immigration fraud or using unethical practices and for those I simply say "NO" it is not. As long as your wife is granted entry into the USA legally, the option to peruse an AOS is an available, legal, means of keeping your family together.

Of course it is legal, otherwise the option wouldn't be available. If your wife enters the US and out of any circumstances you should decide to stay, eventhough this wasn't your first intention, then AOS is a good way to go. If you are persuaing a B-2 to enter the US and to file AOS, that is misrepresentation and not legal.

Now granted, this is all my opinion and at the end of the day the route you choose is your own choice for what is best for your family; but given my experiences from both sides of the process - if I could change my filing- an AOS is a lot faster (took me 3.5 months the first time) and what is ever more important is that regardless of how long it would have taken...my wife would be right there by my side vs 6200 miles away and 7+ months of waiting.

Since alot of VJ's (including me) had to go through emotions of beeing away from family for at least a couple months, it is very frustrating. Still in this situation, the CO at the Embassy might ask if she will intent to do AOS once she is admitted entry in the US. If she denies it, and stil persues it, this will probaly be the first thing to show up the USCIS system when doing the AOS. And who things USCIS and DOS don't talk to each other is very, very wrong.

[prlaje 0]

We have sort of the same issue--visiting while awaiting visa. I contacted a lawyer who told me that my husband could go to the Embassy here in France and explain that although he is planning to immigrate to America in the long term, he would like to VISIT America in the short term. Then they will issue a short term visa which will allow him to go to the U.S. Once in the U.S. he might have to convince the officer that he is indeed returning to France to await the immigration, but that it has been done successfully many times. We have not done this yet but this is what our lawyer advised if he wants to visit during the process. GOOD LUCK.

[Boiler 45,767]

???

French can use the VWP.