b2 impossible for spouse?

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charlie77

Registered Users (C)
I am new to this forum and really hoping someone can give me some good advice on my situation. I'll try to explain it as briefly as possible.

I am married to a Chinese citizen who is currently in China beginning the second year of her 2 year home residency restriction. I recently visited her for 3 months, which required quitting my job to do. I am now back in the USA and starting the petition process to bring her back, was told this takes a year (about 4 months on US's side, and 8 months due to China being slow to process these matters) so hopefully it will all go through and she will be able to return here soon after she has finished the 2 years January 2007.

I contacted an attorney from an online website for advice on how to begin the process, as I'm new to the whole immigration thing. I asked one particular question that really worries me. It was, " If for some reason the petition process gets strung out and goes beyond her required stay in China , would it be possible for me to get her a B visa, or some other visitor visa?" His reply," No, they would refuse her any visitation visa due to the fact that she is married to an American citizen...they would consider her a risk to stay here illegally since she intends to immigrate here."

This really terrifies me, I am really afraid I will mess something up and cause the process to take longer than necessary. It is terribly hard on the both of us being apart. I have considered taking a teaching job in China to keep myself sane.

My questions are; since she is my spouse and is an intending immigrant, would she be refused like he said? Also, if this is highly likely that she can't visit after her time is up and I do wind up taking a job in China so we can be together through this process, will it cause problems immigrating?

I really don't want to mess this up. I'm already a nervous wreck. I'm sorry if I seem really stupid concerning these matters. Thanks for any replies.
 
Since you are a US citizen and you ALREADY married with her, then definetly you must go through the normal process of petition for her. Would be very difficult to get her a visitor visa since her intentions are not to visit is to live with you right?
Wait for the process to complete, after your I-130 is approved then they will send to you and to her the package for Consular Processing. Check on her consulate website the process for Consular Processing.
When you apply for a visitor visa there are some questions that she might answer and probably will be end in a denial since she is an intending immigrant because she is a spouse of a USC. There is nothing to worry about that okay? But she is an intending immigrant because she is marry with you. Actually every person who visits the US is consider an intending immigrant the burden is on the visitor to demostrate the contrary. Even if she is just coming to visit you and then return and wait to complete the process, things does not work like that.
Unfortunately during that period of time you are the one who will have to visit her. I wouldn't quit any job since you will have to demostrate enough financial support and that you are working right now in the US (Affidavit of Support).
Why you are so afraid that your process will get stuck? Thousands of people are in your same situation and they undergo the normal process. There is nothing to worry. You can visit the forum for family based through marriage and relatives.
What is her restriction?
Good luck,
 
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I worry because I tend to have bad luck in everything I do and because I am not familiar with every tiny detail of immigration. I've been told and read that any mistake on my part could result in the petition being denied. This maybe just the opinion of someone who was ignorant like me.

Her restriction is the one that you recieve for being an exchange student on a J visa which stipulates that you must live in your home country for 2 years after completion of study here.

Another concern is the postal system, she says mail tends to get lost easily or not delivered in her area of the city. I worry they'll send her an application or some form that won't ever make it. I guess it's normal to be worried at least a bit. I don't see any reason we would be denied, just alot of what if this and what if thats.
 
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Be a little bit more confident okay? Everything will be fine. And the person who give that fear of that a little tiny thing can screw things up, could be because that person was scare too. And yes is normal to worry but not to think that everything will be mess up.
Your wife must stay calm, has good health and stay away of trouble. During Consular Processing she must get police clearances and a medical examination. You can check the forum for Consular Processing and as I said on the consulate website there is a lot of information.
If you are worry about the postal system where she lives, can she try to get her mail in a like PO box within the postal system or you can contact the NVC and ask if there another way to avoid that issue. Like pick up the package on the main consulate or something like that? I really don't know, it is just an idea.
My sincere advice is that search, read and take notes, print if you can the info from the USCIS and the Chinese consulate website and gather all the information so you know what to expect. Stay in your job, you need it. You need to meet 125% over the poverty level, start check that out; if you don't, then check for future joint sponsors.
If she has access to computer, then she can check if there are chinese forums and people who are in her same situation and check for timelines and things like that, so she knows if she is really missing a mail or something.
Take care, good luck
 
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It is amazing the misinformation and misinterpretations in regard to US immigration law.

If you are still reading this post, as it has been 3 weeks since the last posting, I could give you some information regarding my own experiences which are VERY similar to yours.

Needless to say, that lawyer is wrong. I and my wife are living proof of that.

I understand your frustration very well. My wife and I decided that to file for a "waiver" for her J-1 2 year residency, was just not appropriate for our situation, and she went back to serve her time, just as your wife did as well.
She will be starting her second year soon as well.

However, I will say that you will have to "fight" for what is your right, and to be able to have your wife visit you, since one thing I have learned is that it IS difficult to obtain a B-2 visa in yours/my case.
But I was not about to let the US government tell me I could not see my own wife for 2 years! (unless of course, I visit her THERE...which I have)...

But, like you..I have a job and there are times when she needs to be able to vist me.

It's unfortunate that you hear so many different answers to this and many other questions regarding US immigration policy. It is no wonder there is so much confusion and frustration out there.

But in fact, it was someone from our own US State Department whom I spoke to on the phone, who gave me the idea that it could (although difficult) be possible to get a B2 for my wife.

As long as you are honest and have good intentions..(since your wife actually went back, like my own..it is obvious you are following the law, and do not intend anything illegal, or you wouldn't have allowed her to go back). Then if so, you should have every right to be able to have visitations with your wife while she serves her time.

It is possible.
 
Thanks for your advice. It's nice to see there is some hope. I quit my job and went to visit her because of that lawyer and what I have been told. It was depressing to say the least. I've spent far too much time alone in my life to spend 2 years apart. My job refused me even a week off work. My only concerns now are, I've spent most everything I had to go visit and stay there as I thought I could find work there, which now that I am back leaves me unemployed and with fears that I will have Affidavit of Support problems even with joint sponsors.

I am glad there is hope she can come see me. I was unable to get a job in China when I went and was banking on a year there working. If you decide to work in China don't do what I did. I used a visa agency which stated I could change my tourist visa to a work visa nooooooo problem. I arrived in China, went to many interviews, and was told that they haven't been able to change anyone's visa. As usual, taking a job here will result in me having to work a year before I get vacation time to use...which means, I don't see here for a year unless the B-2 works. I really thank you for the hope that it can be done.

I hope that you are able to see your wife often, and I have found that if you don't get too depressed and keep your mind occupied time can pass quickly...at least to some extent. I don't know if you have started the I-130 but if you haven't the processing times seem to take approximately 1 year from start to finish . I just began mine.

Thanks for replying, I'm glad I subscribe to all my posts and replies.
 
No one knows more than I and my wife, the difficulty and emotional hardship this J-1 visa 2 year residency imposes. It is VERY tough...as you well know.

It is unfortunate to hear that the advice from that lawyer caused so much difficulty.

One thing I DO know however, and that has made my wife and I become much more prudent on these issues, is that in order to sposnor a relative you MUST meet the income requirements, or otherwise you will have to find a co-sponsor who does. In other words......be VERY careful in what you are doing in regards to your job stability.

What your heart may tell you...because I fully understand how much you and your wife want to be together........might on the other hand.....cause you to make a decision which may harm your situation even more.

When the 2 years is up...and your wife can come back, the ability to prove that you have a steady job, and can meet the income requirements will be very important.

I miss my wife enough, that I looked into working in her home country as well, but because finding a job overseas was difficult, and more importantly, finding a job which equaled or came close to what I have here in the US was very hard to find, we decided in the long run, it was better that I stay here and continue my job in the US which pays good income, and not risk moving overseas for just a year or two.

It was a question between our emotions...and economic stability. I feel you must be careful in this issue.


I wish you luck. (and yes..I have filed the I-130..to answer your question)
 
One more thing.

I do not want to be too specific...for obvious reasons.

But I will say one more thing. I did NOT just have my wife go to the embassy/consulate window and apply by usual procedure. In my opinion..if you do so, she is as good as denied. You will have to do more than just that.

The visa procedure at the embassy/consulates, from what I have witnessed firtshand is VERY tough. It is akin to being at a bank teller..and very formal..and is quite difficult to get your point across.....because the person who is interviewing is behind a window.....has several hundred people waiting in line....and could care less about your situation.

If you have your wife apply under such circumstances...it will be near impossible.

You will have to do more......

good luck
 
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