Denied B-2 in december....

[carpediem2006 0]

I just want to get your opinion/advice on my situation and ask a question. My wife and I were married in May '10 in Mexico. In October '10 (after having situated myself economically) I moved to Mexico to live with my wife. In November, I was hospitalized for severe diabetic keto-acidosis in Mexico. I promptly returned to the US for about a month to get adequate medical attention. During my recovery and many appointments afterwards, my endocrinologist and other specialists told me that my long term health would be greatly benefited by immediately starting a new treatment for my diabetes. (which would only be possible in the US due to my economic circumstances and the characteristics of my medical insurance)

During that month, I met with an Immigration lawyer (big mistake) who told me that I could (if the CO was in a good mood that day) technically get my wife to the states on a B-2 visa based on my health issues.

Well, in late December, we tried that route. My wife was very forthcoming during the interview, and she explained my health situation to the CO.(she also presented doctors notes from both the Mexican hospital that had hospitalized me, and my endocrinologist from the states) Also as is the requirement, my wife demonstrated with sufficient documentation that her intention was NOT to immigrate, but only to be with me in the US while I received and adjusted to a new diabetes treatment. well, the B-2 was denied because I, a USC, am her spouse. (I was totally expecting that, but figured it was worth a shot.)

Shortly thereafter, my wife and I decided that we did not want to continue to live here in Mexico because my health is always at risk.

Having made the decision to move to the US, we began the process with the I-130.

Ok, now we are well on our way to getting a CR-1 visa. We have our NOA2, and we have all of the docs ready for the NVC, we're just waiting for the case to move over to the NVC to fly through it.

I've been reading a thread on the CR-1 IR-1 forums, where a particular K-1 has been rejected because the applicant failed to mention that he had applied for (and had had the application denied) a student visa while having been in a relationship with the same woman prior to doing things the right way by applying for a K-1.

This scared me just a little bit, and I really need some peoples input to direct me and settle me down. Will the denied application for the B-2 visa send up any red flags at the CR-1 Interview? I don't want the CO at the interview in Juarez to think that we were only applying for a B-2 to circumvent immigration law, because at the time, our intention was to continue living permanently in Mexico after receiving my new medical treatment.

Do you foresee any considerable problems or obstacles because of this?

I appreciate your help guys,

and Thank you for everything.

[VanessaTony 3,567]

Your wife stated she was married on her B2, she didn't lie.

Your wife at the time of applying for the B2 didn't plan on immigrating but her visa was denied for immigrant intent.

Unless she lied at any time on her B2 application (which I doubt based on your post) then you'll have issues, otherwise it won't be a problem. She MAY be asked about it at her CR-1 interview but she could easily explain that on further discussion on your health issues, and seeing how much better you were being home it made sense to make the move.

[carpediem2006 0]

Your wife stated she was married on her B2, she didn't lie.

Your wife at the time of applying for the B2 didn't plan on immigrating but her visa was denied for immigrant intent.

Unless she lied at any time on her B2 application (which I doubt based on your post) then you'll have issues, otherwise it won't be a problem. She MAY be asked about it at her CR-1 interview but she could easily explain that on further discussion on your health issues, and seeing how much better you were being home it made sense to make the move.

Great advice! Thank you!