Not Willing to Leave My Husband Stranded Indefinitely Pending Visa Approval!!!

cookiemonster88

New Member
I am from America, and my husband is from New Zealand. We were living and working in China for 3+ years as teachers. In May of last year, we began the application process for a Spousal Visa for my husband to come and live in America. We hired a lawyer, but his information is often incorrect or missing pieces, causing us a lot of grief and large delays. A few weeks ago, our lawyer had said it would be 2-3 months until my husband's application was finished and approved. We decided that I would come back to America and begin working and my husband would stay in China, to follow. However these dates are being delayed almost daily, and now we’re looking at 6 months of separation—something that we’re not willing to do.

We are both financially stable, were married in America, and have been married for almost 2 years. We have affidavits of financial support from family members. My questions are:

1) Is he allowed to come and visit on a tourist visa while his Spousal Visa application is pending?

2) His application is currently being processed through an embassy in China (where we had been living and working for the past 3 years). Is it possible to change the embassy that is processing the documents? Seeing as they’ve all been handed over to the NVC and the only thing left to do is the interview, can we change this to the US?

3) Is it wise to fire a lawyer mid-application? How do we get the paperwork back into our hands?

While we had been told repeatedly by our lawyer that our case was straight forward, his lack of foresight and inexperience in the matter has left me 5,000 miles away from my husband on a different continent, with no end to this process in sight. Any help or advice would be unbelievably appreciated.

Kindest Regards
 
However these dates are being delayed almost daily

Why?

1) Is he allowed to come and visit on a tourist visa while his Spousal Visa application is pending?

Legally yes, but he'd need to demonstrate that he will leave again, which is difficult.

2) His application is currently being processed through an embassy in China (where we had been living and working for the past 3 years). Is it possible to change the embassy that is processing the documents? Seeing as they’ve all been handed over to the NVC and the only thing left to do is the interview, can we change this to the US?

If all that's left is the interview, it would be pretty crazy to change it now. When is the interview scheduled for?
 
Why?
**A few reasons--our lawyer had said that the fact that my father is submitting an I-864 was confusing for our case. I didn't understand this at all--I figured it would only help the case in that my family is so fond of my husband that they're happy to sign an affidavit of financial support. Secondly, because I was living out of the US for 3 years, I did not file taxes (as I wasn't earning any money in the US and was being paid in foreign currency). My lawyer said that he couldn't continue until I was clear with the IRS, a contradiction of what he had told us earlier. Because I'm filing taxes late, this could prolong the proceedings to submit to the NVC by 3-4 weeks


Legally yes, but he'd need to demonstrate that he will leave again, which is difficult.
What would he have to do to do this? Have a return ticket? Is there any kind of visa he could apply for to bring him in to wait until the Spousal visa is approved?


If all that's left is the interview, it would be pretty crazy to change it now. When is the interview scheduled for?
The interview isn't scheduled yet, as we've just started the paperwork for the NVC (now having to postpone it until my taxes clear, or so my lawyer says). We may be months away from the interview. Any suggestions?

I sincerely appreciate your answers and advice!

Kindest Regards
 
The interview isn't scheduled yet, as we've just started the paperwork for the NVC (now having to postpone it until my taxes clear, or so my lawyer says). We may be months away from the interview. Any suggestions?

Why specifically does your attorney feel you need to postpone things?

Again, if you're already at NVC you're about half way through and changing things would likely make things take much longer.
 
The interview isn't scheduled yet, as we've just started the paperwork for the NVC (now having to postpone it until my taxes clear, or so my lawyer says).

You can send in the paperwork now using tax transcripts for 2009-2011. The 2012 tax return is not required at this time, because 2012 returns are due in April, not now.
 
There is another reason you needed to have fired that lawyer already. But if you are unwilling/unable to read the paperwork required to do it yourself, you may just have to stick with him instead of changing attorneys midstream

The interview isn't scheduled yet, as we've just started the paperwork for the NVC (now having to postpone it until my taxes clear, or so my lawyer says). We may be months away from the interview. Any suggestions?

I sincerely appreciate your answers and advice!

Kindest Regards
 
Top