Applying for B2 visa while married to U.S. citizen

[joe.b 33]

My husband's cousin in India is (also) married to a U.S. citizen. She and her USC husband have not yet applied for a green card for her through the IR1/CR1 process (honestly not sure what they're waiting for, but that's not my issue here). The cousin wants to come to the U.S. to visit her husband. I've read online there's not any strict rule against granting a B2 tourist visa to a foreign citizen who is married to a U.S. citizen. I had planned to tell this cousin that she could apply for the B2 to visit the U.S., but should be fully upfront about her marriage and plan to provide as much evidence as possible that she won't overstay the visa (and to be clear, she is fully intending to return to India at the end of her visit). FWIW, she has a long-term stable job with a well-known multinational company, as well as a lease of her own in India, so I think she has some good objective evidence that she will return to India after a visit on a B2. 

 

But as I search online, I'm not finding many instances of people in similar situations (still living abroad but married to a USC and applying for a B2 visa) successfully being granted a B2 visa. I don't want to tell my husband's cousin that it could be possible to get a B2 if, perhaps, in practice the odds are extremely low. 

 

Do others know of examples of people successfully getting a B2 in a situation like this? Thanks for any input.

[Lil bear 4,181]

1 minute ago, joe.b said:

My husband's cousin in India is (also) married to a U.S. citizen. She and her USC husband have not yet applied for a green card for her through the IR1/CR1 process (honestly not sure what they're waiting for, but that's not my issue here). The cousin wants to come to the U.S. to visit her husband. I've read online there's not any strict rule against granting a B2 tourist visa to a foreign citizen who is married to a U.S. citizen. I had planned to tell this cousin that she could apply for the B2 to visit the U.S., but should be fully upfront about her marriage and plan to provide as much evidence as possible that she won't overstay the visa (and to be clear, she is fully intending to return to India at the end of her visit). FWIW, she has a long-term stable job with a well-known multinational company, as well as a lease of her own in India, so I think she has some good objective evidence that she will return to India after a visit on a B2. 

 

But as I search online, I'm not finding many instances of people in similar situations (still living abroad but married to a USC and applying for a B2 visa) successfully being granted a B2 visa. I don't want to tell my husband's cousin that it could be possible to get a B2 if, perhaps, in practice the odds are extremely low. 

 

Do others know of examples of people successfully getting a B2 in a situation like this? Thanks for any input.

Yes spouses have been granted a B2 .. usually where it is v clear  that the USC has very strong longer term ties to the overseas country. But no one can say how one particular application.. yours.. will be assessed. 

[SalishSea 17,791]

1 hour ago, joe.b said:

My husband's cousin in India is (also) married to a U.S. citizen. She and her USC husband have not yet applied for a green card for her through the IR1/CR1 process (honestly not sure what they're waiting for, but that's not my issue here). The cousin wants to come to the U.S. to visit her husband. I've read online there's not any strict rule against granting a B2 tourist visa to a foreign citizen who is married to a U.S. citizen. I had planned to tell this cousin that she could apply for the B2 to visit the U.S., but should be fully upfront about her marriage and plan to provide as much evidence as possible that she won't overstay the visa (and to be clear, she is fully intending to return to India at the end of her visit). FWIW, she has a long-term stable job with a well-known multinational company, as well as a lease of her own in India, so I think she has some good objective evidence that she will return to India after a visit on a B2. 

 

But as I search online, I'm not finding many instances of people in similar situations (still living abroad but married to a USC and applying for a B2 visa) successfully being granted a B2 visa. I don't want to tell my husband's cousin that it could be possible to get a B2 if, perhaps, in practice the odds are extremely low. 

 

Do others know of examples of people successfully getting a B2 in a situation like this? Thanks for any input.

Unlikely for an Indian spouse of USC to get a B2.  The assumption is that the plan would be to circumvent the Mumbai wait and attempt to adjust status, which is fraud.  And as much as she may plan to return, past behavior of her fellow Indians would suggest otherwise.

 

Anyone who can afford the DS160 fee can apply though.

 

Apartment lease is not a strong tied

[Boiler 45,434]

You do not mention what the plan is, she has not been petitioned to move to the US so presumably the plan is for him to move back home or them both move elsewhere.

 

It takes sometime to get an appointment in India so my first thought is if it is worth it , will the situation be resolved by then?

 

If not then presumably they will have plans that can be hard evidenced by the time she attends the interview.

 

 

[Crazy Cat 41,774]

10 hours ago, joe.b said:

Do others know of examples of people successfully getting a B2 in a situation like this?

Yes.  However, I think more cases are not successful. Roll the dice and find out.

[top_secret 2,394]

The only cases I have seen where people were approved for B2 visas with a US citizen spouse, is if they were living together overseas.  Having a US Citizen spouse who is living in the US tends to show much stronger ties to the US than any job or lease would show ties their home country.  I'm not saying it's impossible but it seems highly unlikely.

[joe.b 33]

Thanks for the responses, everyone! This information is very helpful.

 

Again, while I would note that my husband's cousin really would have every intention of returning to India after a visit on a B2, beyond that, I'm not clear on if/when they plan to apply for a green card for her, so I'm not able to provide info on that. (They've said they may both be trying to move to a third country, so maybe that's why they haven't applied for the green card? I'm really not sure.) The main question my husband's cousin asked me was about a B2, so that was my focus with this question.

[SalishSea 17,791]

3 hours ago, joe.b said:

Thanks for the responses, everyone! This information is very helpful.

 

Again, while I would note that my husband's cousin really would have every intention of returning to India after a visit on a B2, beyond that, I'm not clear on if/when they plan to apply for a green card for her, so I'm not able to provide info on that. (They've said they may both be trying to move to a third country, so maybe that's why they haven't applied for the green card? I'm really not sure.) The main question my husband's cousin asked me was about a B2, so that was my focus with this question.

Everyone who overstays has every intention of returning.   That’s the problem.