applying for both immigrant and non-immigrant visas

[glenn0 10]

Don't do it!!

 

My wife was denied entry to US because of an 8 hour ESTA overstay, caused by COVID and flight cancellations in 2020.  We got married soon after this, and applied for both the CR-1 and a B-2 visas.  At the 1st B2 appointment in Vienna, she was denied without any reason given, only "you can reapply...".  We had a second interview a month later, denied again.  The officer implied that the CR-1 application was a problem for the NI visa, but didn't say it directly.  After many emails with Frankfurt and NVC staff, they basically said you cannot apply for both IV and NIV at the same time.

 

I wish this would have been clear at the beginning.  We would have not applied for the CR-1 until we had the B-2. My wife has not been able to visit our US home for almost 2 years because of a nasty immigration agent at Houston.

[Crazy Cat 41,888]

11 minutes ago, glenn0 said:

they basically said you cannot apply for both IV and NIV at the same time.

That isn't true.   I'd say the problem is that she applied immediately after the first denial with insufficient evidence of strong ties to her country.

Edited October 24, 2022 by Crazy Cat

[glenn0 10]

no, we applied for both at the same time.  She has a house in Germany, a car, daughter..., so has strong ties.  The NVC tech said the website cannot handle appointments for both IV and NIV.

[Crazy Cat 41,888]

47 minutes ago, glenn0 said:

no, we applied for both at the same time.  She has a house in Germany, a car, daughter..., so has strong ties.  The NVC tech said the website cannot handle appointments for both IV and NIV.

So, you did Direct Consular Filing for the spousal visa?

[canadian_wife 1,822]

1 hour ago, glenn0 said:

no, we applied for both at the same time.  She has a house in Germany, a car, daughter..., so has strong ties.  

 

How long did she stay in the US the last time?  When she over stayed for 8 hours?

 

Good luck

[glenn0 10]

51 minutes ago, Crazy Cat said:

So, you did Direct Consular Filing for the spousal visa?

No, I wish we knew about that possibility.

[SusieQQQ 11,586]

2 hours ago, glenn0 said:

Don't do it!!

 

My wife was denied entry to US because of an 8 hour ESTA overstay, caused by COVID and flight cancellations in 2020.  We got married soon after this, and applied for both the CR-1 and a B-2 visas.  At the 1st B2 appointment in Vienna, she was denied without any reason given, only "you can reapply...".  We had a second interview a month later, denied again.  The officer implied that the CR-1 application was a problem for the NI visa, but didn't say it directly.  After many emails with Frankfurt and NVC staff, they basically said you cannot apply for both IV and NIV at the same time.

 

I wish this would have been clear at the beginning.  We would have not applied for the CR-1 until we had the B-2. My wife has not been able to visit our US home for almost 2 years because of a nasty immigration agent at Houston.

What did the nasty immigration agent at Houston have to do with it? He was just following the law. Overstay is overstay. He doesn’t get any leeway to be subjective in how he applies the law. Unfortunately it is the case that also for example we have seen people lose their b visas because a flight got delayed to after midnight on the last day their i94 was valid. Overstay is overstay, period. If there is any learning to share from your wife’s experience, and similar of others, it is: don’t arrange to fly out on the last day of your authorized stay - or the corollary , don’t book your flight to enter the US the last day your visa is valid. Stuff happens. Weather happens, technical malfunctions happen, delays of incoming flights happen, always give yourself at least a day’s breathing room if you are flying.

 

I think the issue with the B is not so much you technically cannot apply for both, but that the B visa requires you to overcome the assumption of immigrant intent, and obviously having an immigrant visa petition in progress means…there is immigrant intent. 
 

 

Edited October 24, 2022 by SusieQQQ

[SusieQQQ 11,586]

1 hour ago, glenn0 said:

no, we applied for both at the same time.  She has a house in Germany, a car, daughter..., so has strong ties.  The NVC tech said the website cannot handle appointments for both IV and NIV.

What happens to the house, car and daughter when her immigrant visa gets approved though? This is the problem, you say she has strong ties,  but she is planning to leave them behind pretty soon when her immigrant visa comes through anyway. By law the CO has to assume immigrant intent, and it is very difficult to overcome that with an immigrant visa petition in the works.

[glenn0 10]

10 minutes ago, canadian_wife said:

 

How long did she stay in the US the last time?  When she over stayed for 8 hours?

 

Good luck

We were in US for 120+ days.  Because there were zero flights from Puerto Rico during COVID, she got an extension to 120 days.  We were told there was no possibility for a further extension, but now an agent told us it was possible.  The flights kept getting cancelled until the last possible time, but then we had one on the last day.  There were big storms in NY which made us miss the connection.  Later immigration didn't care at all about those troubles, only that she overstayed.  Evil system!!!

[glenn0 10]

COVID times were different: there were 0 flights for 2+ months out of Puerto RIco.  I got the first United flight out after COVID.  Maybe we could have flown to Dominican Rep. earlier, at much cost and losing our United return.

[glenn0 10]

6 minutes ago, SusieQQQ said:

What did the nasty immigration agent at Houston have to do with it? He was just following the law. Overstay is overstay. He doesn’t get any leeway to be subjective in how he applies the law. Unfortunately it is the case that also for example we have seen people lose their b visas because a flight got delayed to after midnight on the last day their i94 was valid. Overstay is overstay, period. If there is any learning to share from your wife’s experience, and similar of others, it is: don’t arrange to fly out on the last day of your authorized stay - or the corollary , don’t book your flight to enter the US the last day your visa is valid. Stuff happens. Weather happens, technical malfunctions happen, delays of incoming flogged happen, always give yourself at least a day’s breathing room if you are flying.

 

I think the issue with the B is not so much you technically cannot apply for both, but that the B visa requires you to overcome the assumption of immigrant intent, and obviously having an immigrant visa petition in progress means…there is immigrant intent. 

Agents have complete discretion how to decide.  My wife entered the US on another visit after the overstay and before the Houston jerk's decision.  I haven't mentioned the criminal behavior of the immigration agents in Houston.  It would make a fine Washington Post article on the abuse of power in that corrupt system.

[Boiler 45,525]

So she knew her overstay meant she

was no longer eligible to ever use the VWP and tried anyway

 

On the positive side this should not impact the immigrant visa.

[SusieQQQ 11,586]

Riiiiiggght , the immigration agents are nasty jerks and the system is evil and corrupt and they won’t give her a non immigrant visa because she’s immigrating and everyone is terrible, I guess this is just a venting thread and not interested in logic. I mean, how dare immigration officials apply the law? Ugh. 
 

 

 

[glenn0 10]

3 minutes ago, SusieQQQ said:

Riiiiiggght , the immigration agents are nasty jerks and the system is evil and corrupt and they won’t give her a non immigrant visa because she’s immigrating and everyone is terrible, I guess this is just a venting thread and not interested in logic. I mean, how dare immigration officials apply the law? Ugh. 
 

 

 

You troll.  Overstay was not our fault.  Keeping my wife in a small room with 100 attempted illegal immigrants without masks in 2020 for 20 hours, screaming at her like a criminal: that is not humane or how the US should work.  She was 60 years old from Germany, not looking for a free ride or employment.

[Boiler 45,525]

3 minutes ago, glenn0 said:

You troll.  Overstay was not our fault.  Keeping my wife in a small room with 100 attempted illegal immigrants without masks in 2020 for 20 hours, screaming at her like a criminal: that is not humane or how the US should work.  She was 60 years old from Germany, not looking for a free ride or employment.

So this happened 2 years ago, she must be very close to getting her immigrant visa