B2 visa in a different country to my home country

[joshuaAE 15]

Hello All,

 

Our situation is the following:

 

We got married earlier this year and applied for the Spousal visa which is still with the USCIS. 

I applied for a B visa last year just before the pandemic but my appointment was multiple times after that - so still pending - Can cancel this appointment

My wife and I decided to do some travelling and are currently in Mexico. I took a 6month sabbatical form my full time job and need to return to my duties at the end of February 2022.

My wife has to return to the US for some medical test - of quite an urgent nature. As these test a bit scary I would like to accompany her to the US. From reading I see the pending I130 makes the B visa difficult to obtain. 

 

I can apply for a visa in Belize as a third national as this is the closet US embassy that  provides appointments to third nationals. I will most likely resubmit a DS160 because my reasons for going has changed. Originally I was going to visit my girlfriend and now I'm accompanying my wife for medical procedures. And I started a business in my home country since then.

 

I have to return to my job at the end of February - I have the paperwork to support this. 

I have sufficient funds to cover my stay - Which will be from the beginning of January to around a week before the end of February.

I also own my own business in my home country (50% directorship) 

I have a signed lease for a property that I am renting

I also have to return for my medical and consular processing in my home country for the I130.

My wife will also be returning with me as she has a research position in my home country.

 

My questions are the following: 

Would my wife's medical needs warrant an expedite on the B visa?

Would these items listed above be sufficient proof for the US embassy to grant the B visa?

 

TIA

 

 

 

  

[Just Paul 4,595]

Yes you can apply for a B2 visa at any consulate in the world.  (We tried at Hermosillo and was denied)

Getting a B2 after you filed for a spouse is often an issue and is denied since by filing the I-130 you have indicated immigrant intent.  In order to be issued a B2 you ust show that you do not have immigrant intent.  Take your evidence with you but also realize that they have no requirement to look at or consider it.

[Chancy 6,241]

*** Moved from Off Topic to Tourist Visas forum ***

 

[Boiler 45,525]

The only way to find out is to apply

[SusieQQQ 11,586]

4 hours ago, joshuaAE said:

Would my wife's medical needs warrant an expedite on the B visa?

Would these items listed above be sufficient proof for the US embassy to grant the B visa?

1. Unlikely. It is your wife’s need not yours and there is nothing stopping her entering the US.

2. Always tricky. “I have these ties to home but as soon as I get a visa it’s going to mean nothing as ill move to the US”. 
 

You can try. Doing it in a third country is tricky. Doing it with a pending i130 is tricky. You have both those obstacles to overcome,

[Redro 4,611]

12 hours ago, joshuaAE said:

Hello All,

 

Our situation is the following:

 

We got married earlier this year and applied for the Spousal visa which is still with the USCIS. 

I applied for a B visa last year just before the pandemic but my appointment was multiple times after that - so still pending - Can cancel this appointment

My wife and I decided to do some travelling and are currently in Mexico. I took a 6month sabbatical form my full time job and need to return to my duties at the end of February 2022.

My wife has to return to the US for some medical test - of quite an urgent nature. As these test a bit scary I would like to accompany her to the US. From reading I see the pending I130 makes the B visa difficult to obtain. 

 

I can apply for a visa in Belize as a third national as this is the closet US embassy that  provides appointments to third nationals. I will most likely resubmit a DS160 because my reasons for going has changed. Originally I was going to visit my girlfriend and now I'm accompanying my wife for medical procedures. And I started a business in my home country since then.

 

I have to return to my job at the end of February - I have the paperwork to support this. 

I have sufficient funds to cover my stay - Which will be from the beginning of January to around a week before the end of February.

I also own my own business in my home country (50% directorship) 

I have a signed lease for a property that I am renting

I also have to return for my medical and consular processing in my home country for the I130.

My wife will also be returning with me as she has a research position in my home country.

 

My questions are the following: 

Would my wife's medical needs warrant an expedite on the B visa?

Would these items listed above be sufficient proof for the US embassy to grant the B visa?

 

TIA

 

 

 

  

I've been wondering if it is possible to obtain a B1/B2 from a third country with the I-130 pending so, I am watching this with interest. If you are successful please return and report back. 

 

The business you own and the job you took sabbatical from- are they the same company?

You might have a problem as they might see your trip to the States as a move to change from consular processing to adjustment of status. Owning a business (that you are possibly able to manage remotely?) would aid you in staying in the States for an extended time and could be seen as a red flag. 

 

I don't know if tying your visit to your wife's urgent medical test is a great idea if she is only returning to the States in January (the CO could question if it really is a serious, medical situation) especially if she is planning to go back to your home country in Feb. On the other hand,  a CO could assume: sick USC spouse in the States might lead joshuaAE to stay in the States and not leave once the tests have concluded. Especially if the tests warrant further medical treatment. 

 

You have some serious obstacles to overcome but I hope you are successful and can support your spouse through this difficult time. 

[joshuaAE 15]

On 11/1/2021 at 3:48 AM, Kor2USA said:

I've been wondering if it is possible to obtain a B1/B2 from a third country with the I-130 pending so, I am watching this with interest. If you are successful please return and report back. 

 

The business you own and the job you took sabbatical from- are they the same company?

You might have a problem as they might see your trip to the States as a move to change from consular processing to adjustment of status. Owning a business (that you are possibly able to manage remotely?) would aid you in staying in the States for an extended time and could be seen as a red flag. 

 

I don't know if tying your visit to your wife's urgent medical test is a great idea if she is only returning to the States in January (the CO could question if it really is a serious, medical situation) especially if she is planning to go back to your home country in Feb. On the other hand,  a CO could assume: sick USC spouse in the States might lead joshuaAE to stay in the States and not leave once the tests have concluded. Especially if the tests warrant further medical treatment. 

 

You have some serious obstacles to overcome but I hope you are successful and can support your spouse through this difficult time. 

Thanks, I will update on the outcome.

 

The business I own and work for are not the same companies. By profession I am project manager and interior designer for a bespoke home interior company and my own business is a skate shop. I hand craft skate decks. Not possible to work on it remotely unfortunately as I am the only of two people with the tools to make them. I have put it on hold while out of the country until my business partner returns next month to continue.(he is also away on business) All I can do remotely is a social media presence. Bit of a poor move in that sense, luckily we have enough stock until he gets back.

 

My wife can go at any time, yes. However during the pandemic we were separated for 9 months which led to quite a traumatic anxiety (professionally diagnosed). So we have decided not to separate in future. But if her condition requires her to leave before Jan ( when I can get a B visa appointment and our volunteering ends) obviously we will do that!  It would just not be ideal.

 

It's my understanding that it is a violation of the B visa to adjust status while in the US?? So I have no intention of over staying and hampering my immigration process. We actually only intend on staying for 2 weeks at most. And if she can't return with me we will cross that bridge when we get there but financially and logically I can not stay in the US.

 

I realize we have quite a few obstacles to overcome but I should at least try. Am I correct in saying that previous denied NIV do not affect your IV outcome?

 

[joshuaAE 15]

thank you to everyone for your feedback. Will update on the outcome

[Chancy 6,241]

2 hours ago, joshuaAE said:

Am I correct in saying that previous denied NIV do not affect your IV outcome?

 

If the NIV denial is due to lack of strong ties to home country, no impact to IV process.

 

If the denial is due to misrepresentation or some grounds for inadmissibility (eg. criminal background), then the denial reason would be a major hurdle for the IV process as well.

 

[joshuaAE 15]

23 hours ago, Chancy said:

 

If the NIV denial is due to lack of strong ties to home country, no impact to IV process.

 

If the denial is due to misrepresentation or some grounds for inadmissibility (eg. criminal background), then the denial reason would be a major hurdle for the IV process as well.

 

Thank you for this!!

[Redro 4,611]

On 11/3/2021 at 3:40 AM, joshuaAE said:

Thanks, I will update on the outcome.

 

The business I own and work for are not the same companies. By profession I am project manager and interior designer for a bespoke home interior company and my own business is a skate shop. I hand craft skate decks. Not possible to work on it remotely unfortunately as I am the only of two people with the tools to make them. I have put it on hold while out of the country until my business partner returns next month to continue.(he is also away on business) All I can do remotely is a social media presence. Bit of a poor move in that sense, luckily we have enough stock until he gets back.

 

My wife can go at any time, yes. However during the pandemic we were separated for 9 months which led to quite a traumatic anxiety (professionally diagnosed). So we have decided not to separate in future. But if her condition requires her to leave before Jan ( when I can get a B visa appointment and our volunteering ends) obviously we will do that!  It would just not be ideal.

 

It's my understanding that it is a violation of the B visa to adjust status while in the US?? So I have no intention of over staying and hampering my immigration process. We actually only intend on staying for 2 weeks at most. And if she can't return with me we will cross that bridge when we get there but financially and logically I can not stay in the US.

 

I realize we have quite a few obstacles to overcome but I should at least try. Am I correct in saying that previous denied NIV do not affect your IV outcome?

 

Not sure if you want to hear this or not.

Was watching Jim Hacking's Immigration Answer Shows and a South African (with a pending immigrant petition) was refused his B1/B2 visa as he was seen as a visa overstay. He wasn't even allowed to go over for his father's funeral... So, if you are okay with taking the gamble and paying for the associated costs of interviewing in Belize (when you're in Mexico) I would go ahead. But, I think your chance of success is very low. 

Edited November 5, 2021 by Kor2USA