Marriage and visa b2 ?

[Nicky83 1]

Changing course here and looking at options .

 

I was born in the USA although my family are Spanish / English.

I was brought up in Spain and England . 

 

6 year ago i moved to the USA . Im a nurse and have been for over 20 years . 

Been dating a guy met online . Both met each others parents . They are all in the Uk .

I have two kids in the UK who stayed with their father. We have been divorced over 5 years .

My kids have recently been brought to stay with me in the USA . Happend over the course of a couple of months thanks to my brother . Kids are 18 and 15. In school and working already.

 

My other half is in the UK . Met online before lockdown . Visited the uk a few times . 

Not alot since lick down up untill recently where i flew over and now im back in the USA  i find that we are pregnant. 

 

My other half has various history when he was younger with a string of driving offences . We all make mistakes but he was silly at the time .

 

Between 1995 and 2002

2 driving without license

2 dui which involved a 6 week jail time

1 x abh for protecting his daughters mum but he got charged for it

 

2013 driving class 2 when only entitled to drive upto 7 5 tonne  cherry picker

Banned and fined

 

So we are wondering if to marry asap .

I come over to the UK . We marry and file for spousal visa

I also file for any waiver of admisability .

 

What is the process ?

 

Is he better aplying for a b2 in the mean time and what are his chances . If he fails do i fill out a waiver also or would that be only if we were married ? 

 

 

 

 

 

 

 

 

[Boiler 45,292]

I 601 is the immigrant waiver and will be requested by the CO at the time of the interview.

 

D3 is the non immigrant visa and is not something you submit, assuming the CO considers the visa is otherwise approvable the CO will file it.

[Nicky83 1]

1 minute ago, Boiler said:

I 601 is the immigrant waiver and will be requested by the CO at the time of the interview.

 

D3 is the non immigrant visa and is not something you submit, assuming the CO considers the visa is otherwise approvable the CO will file it.

So the I 601 would be needed in place for his b2 aplication ? 

 

[JeanneAdil 6,410]

this looks like post shown here 2 days ago

waiver for CR1 is not filed with petition /  filed after interview as i understand it

 

Typically, you can use Form I-601 to file for a waiver if: You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.

 

him getting a tourist visa -that's up to CO in embassy but can be turned away at POE 

[Boiler 45,292]

B2 is a non immigrant visa.

[Nicky83 1]

1 minute ago, JeanneAdil said:

this looks like post shown here 2 days ago

waiver for CR1 is not filed with petition /  filed after interview as i understand it

 

Typically, you can use Form I-601 to file for a waiver if: You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.

 

him getting a tourist visa -that's up to CO in embassy but can be turned away at POE 

So we marry . I return to usa and we file for spousal visa . If thats refused then i aply for the waiver or knowing his history i apply for spousal at the same time of the waiver ? 

 

Yes we knkw he can still be turned away before entering the USA on b2 especially if we are married .

 

 

For b2 in the uk any one know the lead time as we know he will prob be inadmissable so would i then file for a waiver if we are married at the time 

 

Or should or could he apply now . ? 

Again lead time idea ?

2 minutes ago, Boiler said:

B2 is a non immigrant visa.

Yes but is he better trying for that now or wait untill we are married ? 

[milimelo 4,463]

He won’t get a B2 visa. Focus on immigrant visa and I-601 waiver down the road. 

[Nicky83 1]

7 minutes ago, milimelo said:

He won’t get a B2 visa. Focus on immigrant visa and I-601 waiver down the road. 

So he has no chance of a visitor visa ? 

Were just looking at ways of him being able to see his kid without me having to fly with a baby 

[Nicky83 1]

Ill have to consult solicitor and go from there . 

Other wise the way things are the child be nearly 2 before they get to see each other as no intention of flying untill the baby is atleast 1 year old . Hence the visitor visa .

 

Ill leave this here 

 

Thanks every one for your time 

[SusieQQQ 11,586]

Don’t you already have a related thread on this?

https://www.visajourney.com/forums/topic/769743-esta-marriage-pregnant/#comments

[Nicky83 1]

Just now, SusieQQQ said:

Don’t you already have a related thread on this?

https://www.visajourney.com/forums/topic/769743-esta-marriage-pregnant/#comments

Nope that was him using his esta visa . Completly different and trying to sort legally 

[Nicky83 1]

1 hour ago, JeanneAdil said:

this looks like post shown here 2 days ago

waiver for CR1 is not filed with petition /  filed after interview as i understand it

 

Typically, you can use Form I-601 to file for a waiver if: You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.

 

him getting a tourist visa -that's up to CO in embassy but can be turned away at POE 

So this is if we apply for a marriage based visa ? 

 

What your saying is he would be denied during interview 

 

I would then file a waiver ?

[JeanneAdil 6,410]

42 minutes ago, Nicky83 said:

So this is if we apply for a marriage based visa ? 

 

What your saying is he would be denied during interview 

 

I would then file a waiver ?

REfused  is the term embassy uses if asking for the I 601 and case is waiting for the form

Denied is said when embassy has actually denied the petiton and sent back to US

 

i do not have experience in this so i stand corrected by VJ members if i have said wrong

[SusieQQQ 11,586]

1 hour ago, Nicky83 said:

Nope that was him using his esta visa . Completly different and trying to sort legally 

🙄 same wife same husband same problems same issue of how to get him here… .

[Nicky83 1]

6 hours ago, JeanneAdil said:

REfused  is the term embassy uses if asking for the I 601 and case is waiting for the form

Denied is said when embassy has actually denied the petiton and sent back to US

 

i do not have experience in this so i stand corrected by VJ members if i have said wrong

Thank you . That makes sense