I just got a call from my wife in Ukraine at 3am this morning, her tourist visa was approved!!! She explained that she was at her immigrant visa interview on the 23rd when she was told that the embassy can no longer adjudicate immigration applications. She provided them with the arguement that it would be foolish to illegally immigrate on a B-2, especially when so close to getting her immigrant VISA approved soon after my background check. They agreed and gave her a B-2 VISA and told her they will see her soon for her immigrant visa interview.

She did ask about her immigrant visa, they said it will be sooner than we think, the embassy should have it back within the next month and interview rescheduled 1-2 months. SO GOOD NEWS TO ALL!!!

congratulations!, thats a first we've seen here on VJ

Yeah.. the CO's are probably feeling bad on how USCIS screwed all those people out of an immigrant visa...

Not all that surprising in my opinion...

That's wonderful news! I like the argument she used about not trying to adjust status because of how close you are in the process!

WOW!!! I'm amazed but also very happy for you two. I haven't seen a tourist visa get approved that easily for someone in our situation ever. It gives me a bit of hope when my hubby goes in for his travel visa at the end of this month. Even though we can't use that same argument since we haven't even filed our I-130 yet. We aren't technically immigrating here yet though.

Speaking of...is the whole DCF thing really coming back around? I've been living in Belize until recently and when we are ready we sure would love to go that route (as many do...I know) and I know there is some talk that it is going to go back as to how it was just less than a month ago. Don't want to get too excited though until I find out if it is really true.

Thanks everyone - B-2 VISA - Advice from myself and Sonya to get a B-2 VISA - argue that it would be insane for you to overstay your visa when you are so close to getting your immigrant visa which has so many more benefits as far as status. Also, if you immigrate off the B-2 Visa, you can be deported for many years, and its just not worth it. Sonya advises to be confident, smile and polite. She seen some woman get it, and some not. Its minimal paper work. We provided my 2006 W-2; letter from my employer, a letter from myself stating that I will be responsible and not allow her to be burden to the US as well as why they should give visa and why she is traveling. Also I provided them with a copy of my insurance card where Sonya already is on my policy. I got a letter from my bank showing over $5000 in the account and total annual deposits. The consular, looked over everything briefly, and stated she is right, it would be foolish to lose her immigration application and expects her back. So 50/50, I say go for it, it effects nothing, and costs only $100.

DCF thing, I am not sure at all where people are getting the info that it is coming back? Not saying that it is not, just I talked to two embassy's, USCIS, and immigration officer, and DOS and all say nothing. Just that if you qualify for residency in a country that has a USCIS office at the US Embassy, then nothing has changed and you continue to file DCF as well as no appointments cancelled. If your petition was approved prior to Jan 23rd, then your petition was boxed up, sent to nearest USCIS office having juridiction over the embassy you filed to await back ground check AND possible adjudication. Afterwards, it will be sent to the US Embassy were you filed for final interview. I have read or heard nothing, except statements by VJ members that it may come back and most of it is misinterpetation of what they read off web sites.

But hopefully it does come back, the handle background checks properly and quickly. We were told by US Embassy in Ukraine when Sonya went for her B-2 Tourist visa that Moscow has her application and we will probably have an appointment in <2 months and they told her to make sure she comes back from US to Ukraine because the appointment is coming sooner than we think. WHO KNOWS????????

Thanks for the advice!!! I am very happy that things are working out for you two. I wish you both the best of luck


Erin

Sonya got her Tourist VISA, its a 5 year multi-entry visa! Did not expect that. Wanted to re-post so people may want to try while they are waiting on their immigrant visa's. Its $100, about 1-2 week wait for appointment, very little paper work, and there is a chance you may get it, so go for it!! It does not effect your petition if turned down.

WOW!! Congrats!!

I will
definitely look into that! Thanks for sharing!

Very interesting.

Do you know how she went about getting this visa?
Did she just apply directly to her local Consulate/Embassy. Eg: would I just apply in Auckland, or does it need to make trips to USCIS and such, since the law change?

Is entry guaranteed with this visa? Im trying to avoid the horror stories of people not being granted entry on the VWP while their spouse visa is in process.

Sonya is in the US with me right now, we arrived today!!!! Yes, Sonya went to the US Embassy in Ukraine on her appointment date that you make on-line, fill in DS-156 on-line, and one week later she got her appointment. She got a 5 year multi-entry visa!

Wow. So no problems getting through the POE?
Thats wonderful news for you both.
She can stay with you for up to 6 months, yes?

Id love one of these, especially now our DCF hopes have gone down the drain.

Unless theres a way to extend your stay on VWP, but I wouldnt dare hold my breath for that.

Thanks, no problem at POE. She can stay upto 6 months at a time. So we believe, talking to US Embassy's in Ukraine and Moscow, that we should have a new DCF interview in 1-2 months. It is true you can possibly not get a tourist visa while waiting for K-1 or K-3 or DCF, because this shows that she is immigrating. However, its upto the embassy and the person who interviews you. Smile, be polite, have her convince them that you are just wanting her to visit while waiting for proper method to migrate to US. If you immigrate on a tourist visa, it would be fraud and she would possible deported for 5 years.

So why not take a shot, $100, fill application on-line, one week later get an appointment. Its better to take a shot at it?

I'm glad she didn't have a problem. Did they ask her why she was visiting?

I'm going to be traveling to the US to visit my husband in the next couple of weeks and am trying to figure out what Ill say the reason for my trip is.

Thanks! Yes, they asked her purpose, I was with her, did not need to be. But she told the officer to spend time with myself while we wait for her immigration interview. He answered some questions for us, then welcomed her to the US. Purpose of trip is to be honest, and dont worry about it, smile, be polite, and if they bring up if you have intentions to immigrate on your tourist visa, stress it would be fraudulant and bad choice since you have already started normal means to immigrate legally. Remember, they really dont want to keep families apart. Good luck!!!

wonderful.

I think I will say, if asked, that I am 'on a vacation to visit my husband.'

I'm just a bit nervous about visa-orientated questions, as my husband and I were caught up in the DCF drama and consequently have to refile in the U.S.
We haven't done this yet, as he is waiting for some paperwork for me to file, so technically, we don't have a case in process at this time.

I'm sure I'll be ok. My husband assures me as well.
I have a letter from my employer, bank statements, student loan statements (I incur penalties if I leave the country and don't return). I'll have something from my parents to say I'm expected back and I contribute to rent.
My husband has a representative helping us with our case, so he thought maybe he could get a letter from that representative stating that.

My nerves tend to get the better of me.

If you've been around long enough.....there's been a few cases like this, (including a B-2 I got for my own wife

I read how one person in the Russia forum got one for his fiancee' even while they were doing a k-1. I've read of 1-2 other cases as well. I think everything "Hannah and Grant" said was on the mark. Just be honest, calm (or try ...in my case, I was probably not so calm as much as I was "reasonably determined" ....in trying to be persuasive when there to get my wife her visa, since I actually went in person to the consulate with my wife and spoke to certain peope there, before even attempting to try for a b-2)

What I learned was that there are some very good people who work at the consulates. I've been fortunate enough to meet a few in particular, who have gone out of their way to help my wife and I during our 2 year immigration process.

I think if someone can go in person to the consulate/embassy....that's always better. (I happened to be visiting my wife in Turkey when she applied for the b-2). But, if that's not possible, then I guess a good letter on a spouse's behalf, would be the next best thing. You just have to be convincing enough, so they do not fear you will be an "immigration" risk. In my wife and I's case, we were fortunate in that they trusted us and my argument on her behalf apparently was convincing enough for them to give her a 10 year tourist visa. (I REALLY hope they don't expect the immigrant process to take that long . ) On the bright side, at least if this process does take longer than we thought, we don't have the concern of having to try and get another b-2. The one we got will last us long enough.

And as "Hannah and Grant" said........it is just $100 to try. I felt the gains of attempting and getting a b-2 were more than enough to offset the risks of being denied one and losing the $100.

I think in general.....it all depends on the each individual's circumstance, who they meet at the consulate/embassy, and how convincing an argument they can make . On the consulate's side, it looks like they were right to trust my wife and I, as she's visited the US several times.....never overstayed.......and returned every time.

Ummmm........change "Hannah and Grant" .....to "John and Sonya"

I thought I might have been having some short term memory loss there....

Congratulations John and Sonya.

I have a question and I am hoping maybe you guys may know...

If I as a USC live in Ukraine with my Russian husband and we own a house in both of our names but are not ready to move to America at this time (i.e. we are not in the immigration process yet), is it likely that he can obtain a B2 visa or even a 1 time visa to visit America with me? I would like for him to be able to travel freely with me to America as well as I would like to be able to have any children in the States with my husband at my side...

Has anyone heard of anyone receiving a tourist visa for a Russian/Ukrainian spouse not in the immigration process?

Thanks!

This is the link from the Russia forum that I mentioned in my post. You might find it useful.

http://www.visajourney.com/forums/index.php?showtopic=32261

Up to this you have always talked of a visitor's visa for your husband, which IMO is a likely bet if you also live overseas.

But now you have gone and confused it with "be able to have any children in the States with my husband at my side" which indicates moving, to me.

You should be very clear on your plans if you'd like your husband's application to succeed.

Thanks to all,
Like I said, take the chance, nothing to lose but $100. You apply on-line at your US Embassy website for the country of your spouse, make an appointment on-line as well. Very simple procedure. Spouse pays $100 and has a 5 minute interview. Now the hard part is the generosity of the person doing the interview. Confidence, good arguement, and a smile. If you filed DCF and is postponed, you have a great arguement, Sonya stated it would be foolish for her to immigrate illegallly on a tourist visa when we are so close to getting our final interview from DCF. They agreed, and gave her a multi-entry 5 year visa. The immigration officer at the POE agreed as well and stamped her passport. No other information was even looked at. We provide a support letter & invitaiton letter from me and that was it. Good luck!!