B2 Visa Cancelled and Reapplying for same

[alliswell2018 0]

Hi, I got B2 visa sponsored by my brother in law in 2013 for the purpose of visiting them and the places. Meanwhile I got married in native country to a US permanent resident. We both decided to keep our status same to see how our relationship work out and go further if everything works out well. I visited 3 times and delivered my daughter in one of my visit unexpectedly and applied for extension which was approved. We are divorced now and my ex husband got primary guardianship of my daughter where I can visit her there. I made travel for visitation to see my daughter and my b2 visa cancelled at the port of entry mentioning intent of immigration. Please let me know whether I will get B2 visa again with my ex husband sponsorship. I never over stayed, applied 2 extensions for child birth and divorce got approved.

[az2014 381]

There is no such thing as sponsorship for a B2 visa.

 

Whether you will be granted another nobody knows. But with a USC child in the US, thats as clear as you can get for immigration intent, hence your visa being cancelled, so its very unlikely.

 

I have to ask why would you let your husband keep your daughter and not take her with you?

Edited January 15, 2018 by az2014

[alliswell2018 0]

I did not have status there to go legally to get the custody of my daughter. I was just helpless and I don't see that I can do it in future also except that I can visit her.

[SusieQQQ 11,587]

So, when you married your US LPR husband but say you kept the statuses the same, you mean you continued to live in your home country and he stayed in US?

did you (or your husband) cover all the costs of your unexpected birth in the US? Was the unexpected birth during a visit of 6 months? May I ask how long into that visit it happened? Together with the extension, how long did you end up staying for on that visit in total?

 

(its kind of odd to get married to someone and then decide to see if the relationship will work out, always harder over long distance of course, but that’s just an observation that probably doesn’t affect the visa issue.)

[alliswell2018 0]

i lived in my country as well as in US ( both in my sister place and in husband place). My ex husband continued to live in US. My ex husband covered all the cost of the unexpected delivery and it happened on 4th month of my 6 months travel. So applied for 6 months extension and stayed one year. Second time also one year. Overall i stayed 2.5 years in this visa including extension. We both were divorced at the time of our marriage, so we wanted to see how successful it goes this time and will change everything permanent accordingly.

[SusieQQQ 11,587]

2 minutes ago, alliswell2018 said:

i lived in my country as well as in US ( both in my sister place and in husband place). My ex husband continued to live in US. My ex husband covered all the cost of the unexpected delivery and it happened on 4th month of my 6 months travel. So applied for 6 months extension and stayed one year. Second time also one year. Overall i stayed 2.5 years in this visa including extension. We both were divorced at the time of our marriage, so we wanted to see how successful it goes this time and will change everything permanent accordingly.

I think it’s quite obvious unfortunately, that with the amount of time you’ve spent in the US they clearly think there’s immigrant intent. Two stays of a year each on a tourist visa, extensions allowed at the time notwithstanding, is almost certain to be seen as abuse of a B visa.

 

(so...you were originally planning to visit the US while pregnant yet fly back home at an appropriate time still allowed by the airlines and before the visa was up, and give birth back at home? But still needed 8 months more in the US after birth?  It’s hard for me to make all these numbers add up unless your baby was incredibly premature. In any case, as suspicious as this “unexpected” timing looks it doesn’t seem to have an impact on the immigration case other than being used as a reason to stay so long)

[alliswell2018 0]

I travelled to US during my 7th month of pregnancy and intended to return by 9th month with the letter from my doctor. But my daughter expected early delivery so we decided not to travel back to avoid the complications. I stayed long only for two main reasons of my daughter's deliver and to finish up divorce process there.

[Unlockable 7,315]

I agree with @SusieQQQ that you have been staying too long in the US which raised suspicion. Also, you said this ...

Quote

i lived in my country as well as in US ( both in my sister place and in husband place)

That is a big no-no. You can't live in the US on a tourist visa even if you have family here. That is why they see you as a threat. They feel like one day you will eventually decide to stay.

 

Another thing that is going against you is the fact that you and your husband were living in separate countries even after a child was born. You never made any attempt to gain permanent residency in the US? You may very well have you reasons but if you look at the story you are telling from the outside, it doesn't make sense. And this is the most important thing you have to remember when dealing with immigration. The people who are involved with immigration want stories that make sense...not cause suspicion.

 

This is a tough situation you are in now because there is no way to tell if you will gain another tourist visa especially now that you have a couple of red flags. What makes it worse is that you and your ex husband are no longer together so he can't even apply for you a spousal visa.

 

Best you can do is wait a while and attempt another visitor visa in the future. In the meantime you child can come visit you.

 

Good luck to you.

[WeGuyGal 1,052]

Traveled to the US during 7th month and STILL planned to return back home to give birth? 

 

Another b2 unlikely anytime soon

[alliswell2018 0]

Thank you everyone for your time and information.

[SusieQQQ 11,587]

1 hour ago, alliswell2018 said:

i  unexpected delivery and it happened on 4th month of my 6 months travel. 

 

51 minutes ago, alliswell2018 said:

I travelled to US during my 7th month of pregnancy and intended to return by 9th month with the letter from my doctor. 

Just about no airline allows you to travel internationally at 9 months.

 

also the numbers above don’t add up.  You travelled during the 7th month of your pregnancy but had the baby unexpectedly 4 months into your visit? Huh?

 

anyway unfortunately- you are discovering that abusing a visa with extended stays etc means you lose visiting privileges. It’s extremely unfortunate in your situation because you have a child. I suggest you come to an arrangement with the father, who you seem to have a cordial relationship with if you were talking about him sponsoring you for a visit visa, to have the child visit you during school vacations. There can’t be much of a cost difference between you visiting the US or the child visiting you. I don’t see how else you are going to spend time with your child under the circumstances.

Edited January 15, 2018 by SusieQQQ

[SusieQQQ 11,587]

Oh and one more thing: wth the amount of time, 2.5 years with a year at a time spent in the US, it’s clear that ties to the home country are very weak indeed, which even ignoring everything else would make a successful B visa application unlikely.

[alliswell2018 0]

I travelled by January which was my 7th month and planned to return by March mid (9th month) when my due date was April 30th. We came to know in March that baby may born 2 or 3 weeks before the due date and she was born early in April which was 4th month of my 6 months allowed stay. I could understand the meanings and suspiciousness in background of what had happened and I will try to make my daughter visiting me and wait.

[Boiler 45,935]

Your daughter can sponsor you to immigrate when she is 21, can not see you entering the US any other way.