B1 and I-130 UK - USA

[bobby330 0]

Hello everyone

Thank you in advance for any replies concerning my situation. I will try to keep it as short and to the point as I can.

I am a naturalized US Citizen (currently living in Atlanta GA) and my wife is a UK citizen (currently living in London). We got legally married (Court Marriage) in November 2015 and hired a immigration attorney to help us with the process. (She is now fired and is the reason we are in the situation today)

Situation

I filed the I-130 on May the 3rd 2016 it has been sent to the Nebraska processing office (this is now a waiting game I know!). My wife and I are living apart and I am hours away from scheduling an appointment with the US Embassy in London so we can RE-apply for the B1 tourist visa.

Background information

Back to the lawyer we fired!! She told us that in-order to apply for a green card (I-130) my wife had to be on some kind of visa NOT on the ESTA which she was on at that time and which is now expired.

She said that we needed to apply for a B1 tourist visa and then do a status adjustment when she (my wife) was in the USA. We did not know any different and followed her lead. HOWEVER, what she didn't explain was that during the interview we had to convey to the CO that my wife was going to return to the UK and had/has ties to the UK. To be on the same page, my wife had/has every intention to return to London while we were waiting for her Green card to come through but we were very poorly advised and it caused us to be under prepared and not ready for any line of questioning.

My wife's first B1 interview was denied obviously as the CO must have thought that she was going to come to the USA and adjust her status and not return back to the UK. I would have thought the same exact thing.

Ties to the UK

- My wife left her job in March 2016 in order to plan and prepare for the Wedding Ceremony (Indian) we celebrated on May 7th 2016 in London. So no Job

- She lives at home with my in laws, So no house or mortgage in her name.

- She owns an investment property in London, purchased about 2 years ago. Mortgage in her name

- She is closing on a second investment property in London on June 6th 2016 Mortgage will be in her name

- She has two savings accounts with a sum of money above 50,000 pounds

- She has pensions accounts from when she was working.

- During our long distance relationship she has visited the USA (on a ESTA) approx 7 times and has NEVER over stayed and always returned.

- She has no children in the UK

The Items I have listed are to provide you with a better understanding of our situation. I am wondering if you are able to advise me on any other creative ways we can show that she will be returning to the UK until the green card is approved but we just want to be with each other in the mean time.

I would like to thank you sincerely for any advise or help you can provide and I am praying that we can turn this into a positive situation for us.

PS - I plan to book an appointment with the US Embassy for a re-interview for the B1 very soon.

Regards

Bobby

[Harpa Timsah 13,258]

Hi Bobby,

Sorry to hear about the bad and crazy advice from your lawyer. That sucks.

I think with the denied B2 she won't get approved. Even though it was a misunderstanding she failed the most basic bar which is to prove you will use the visa for its intended purpose and go home after. Your lawyer was trying to get her to stay in the US, which is possible, but you can't be outside the US and misuse a tourist visa to come and stay.

You can always try for the B again, though, no harm.

Good luck to you.

Edit: I might report that lawyer to the bar association. That advice was super super bad.

Edited May 27, 2016 by Harpa Timsah

[JFH 12,191]

I would definitely report the lawyer - she should not be giving this sort of advice.

Your wife's chances of obtaining a B visa are slim due to the previous incident and the fact that she has a husband in the USA and has already demonstrated immigration intent by virtue of the I-130 petition. Her ties are not strong. Even if they were strong they are meaningless as she is about to pack up and leave the country for good when the CR-1 is approved anyway.

Hard as it is, you may have to accept that she won't be able to visit. Can you not visit her?

There are thousands of us in the same situation, waiting for approval. I can assure you that I love my husband just as much as you love your wife and it's just as difficult for all of us to be apart. But we do what we have to do.

[az2014 381]

She can forget about getting any kind of B visa. And it's B2 not B1, or is that something else your idiot lawyer got wrong?

Visit her instead or meet in a 3rd country.

[Penguin_ie 5,996]

Ouch, I am glad you fired that lawyer; I would also report her.

Other than the cost to apply, and time for interview, you have nothing to loose by applying for another tourist visa, but her chances of getting one, with a previous denial a short time ago and a I-130 now filed is minimal.

Your CR-1 spousal visa process will take about one year.

[Boiler 46,104]

She could get a job.

[bobby330 0]

Thank you all again for your effort and input on this.

WOW - it really seems like we are in bad shape and that she will not be able to come over for a while (That sucks bigtime!) I have been told and have also researched going down the path of a K3 visa. Any thoughts on that?

Thanks again

Bobby

[p-ana 933]

Thank you all again for your effort and input on this.

WOW - it really seems like we are in bad shape and that she will not be able to come over for a while (That sucks bigtime!) I have been told and have also researched going down the path of a K3 visa. Any thoughts on that?

Thanks again

Bobby

K3s are obsolete. Your best choice would be cr1/ir1, that can be obtained after approval of a i130 petition.

[bobby330 0]

Can someone else also confirm that the K3's are obsolete? I am really starting to lose faith in the people that are representing me....

Thanks

Bobby

[p-ana 933]

Can someone else also confirm that the K3's are obsolete? I am really starting to lose faith in the people that are representing me....

Thanks

Bobby

You can do a quick search here on vj and see that the k3 topic is discussed ad nauseam.

[Penguin_ie 5,996]

Confirming.

K3 was a good option when the CR-1 used to take 3-4 years. Now, because the CR-1 and K3 take the same time, the K3 path is administratively closed at NVC stage and in almost all cases, you don't even get a chance to apply for a K3 visa. Plus it is more expensive, so don;t bother.

[aaron2020 11,651]

The lawyer needs to provide you with a refund and compensation for incompetence. Use reporting her to the local legal bar as leverage if she does not give you a refund.

[matmertin2016 4]

Hello everyone

Thank you in advance for any replies concerning my situation. I will try to keep it as short and to the point as I can.

I am a naturalized US Citizen (currently living in Atlanta GA) and my wife is a UK citizen (currently living in London). We got legally married (Court Marriage) in November 2015 and hired a immigration attorney to help us with the process. (She is now fired and is the reason we are in the situation today)

Situation

I filed the I-130 on May the 3rd 2016 it has been sent to the Nebraska processing office (this is now a waiting game I know!). My wife and I are living apart and I am hours away from scheduling an appointment with the US Embassy in London so we can RE-apply for the B1 tourist visa.

Background information

Back to the lawyer we fired!! She told us that in-order to apply for a green card (I-130) my wife had to be on some kind of visa NOT on the ESTA which she was on at that time and which is now expired.

She said that we needed to apply for a B1 tourist visa and then do a status adjustment when she (my wife) was in the USA. We did not know any different and followed her lead. HOWEVER, what she didn't explain was that during the interview we had to convey to the CO that my wife was going to return to the UK and had/has ties to the UK. To be on the same page, my wife had/has every intention to return to London while we were waiting for her Green card to come through but we were very poorly advised and it caused us to be under prepared and not ready for any line of questioning.

My wife's first B1 interview was denied obviously as the CO must have thought that she was going to come to the USA and adjust her status and not return back to the UK. I would have thought the same exact thing.

Ties to the UK

- My wife left her job in March 2016 in order to plan and prepare for the Wedding Ceremony (Indian) we celebrated on May 7th 2016 in London. So no Job

- She lives at home with my in laws, So no house or mortgage in her name.

- She owns an investment property in London, purchased about 2 years ago. Mortgage in her name

- She is closing on a second investment property in London on June 6th 2016 Mortgage will be in her name

- She has two savings accounts with a sum of money above 50,000 pounds

- She has pensions accounts from when she was working.

- During our long distance relationship she has visited the USA (on a ESTA) approx 7 times and has NEVER over stayed and always returned.

- She has no children in the UK

The Items I have listed are to provide you with a better understanding of our situation. I am wondering if you are able to advise me on any other creative ways we can show that she will be returning to the UK until the green card is approved but we just want to be with each other in the mean time.

I would like to thank you sincerely for any advise or help you can provide and I am praying that we can turn this into a positive situation for us.

PS - I plan to book an appointment with the US Embassy for a re-interview for the B1 very soon.

Regards

Bobby

"I am wondering if you are able to advise me on any other creative ways we can show that she will be returning to the UK until the green card is approved but we just want to be with each other in the mean time. "

Thats a contradicting statement; she will return to the UK to wait for green card but we want to be with each other in the meanwhile!?

Ever think of visiting her then?

[JFH 12,191]

Things would be do much easier if the wife got a job. I can't think why she needed to quit her job to prepare for her wedding. Most of us do our wedding planning alongside going to work.