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Don't know what visa I should file for!!

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Filed: Citizen (pnd) Country: Germany
Timeline

First of all, hi this is my first post on here. I've gotten a lot of help form this site on various laws and regs, but I'm still extremely confused as to which visa would be the smartest one to go for...

My husband of one and a half years(German citizen) and I have been planning on going to visit my parents in Oklahoma for Christmas and New Year's for about half a year now. We noticed his ESTA is going to expire in November, before we fly, so we applied for a new one this past Saturday and on Sunday morning found out his ESTA was denied. Yes, he was denied a B-2 visa in 2010 under the infamous 214(b) code, so we believe that's why it was denied, but he was still able to obtain an ESTA in 2010 the week after his visa was denied, so I find it weird that this time the ESTA wasn't approved.

I've already sent in a request for a redress, but I doubt it will do anything for us. We fly in two months time. Should we apply for another tourist visa or a spouse visa? I've heard the K-3 doesn't exist anymore. We DO NOT plan on moving there, only going for a 3.5 week visit and flying to Arizona in the middle of it.

Thanks for any advice.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: IR-1/CR-1 Visa Country: Serbia
Timeline

First of all, hi this is my first post on here. I've gotten a lot of help form this site on various laws and regs, but I'm still extremely confused as to which visa would be the smartest one to go for...

My husband of one and a half years(German citizen) and I have been planning on going to visit my parents in Oklahoma for Christmas and New Year's for about half a year now. We noticed his ESTA is going to expire in November, before we fly, so we applied for a new one this past Saturday and on Sunday morning found out his ESTA was denied. Yes, he was denied a B-2 visa in 2010 under the infamous 214(b) code, so we believe that's why it was denied, but he was still able to obtain an ESTA in 2010 the week after his visa was denied, so I find it weird that this time the ESTA wasn't approved.

I've already sent in a request for a redress, but I doubt it will do anything for us. We fly in two months time. Should we apply for another tourist visa or a spouse visa? I've heard the K-3 doesn't exist anymore. We DO NOT plan on moving there, only going for a 3.5 week visit and flying to Arizona in the middle of it.

Thanks for any advice.

If you're thinking you can obtain a spousal visa in 2 months time, you might as well forget about that. The CR-1/IR-1 process can take many months, even years in some circumstances. If you have the money to throw around then you could apply for another tourist visa.


06/02/12 Married

USCIS

09/17/12 I-130 sent
09/21/12 NOA1 recieved via e-mail (CSC)

09/27/12 NOA1 hardcopy recieved
09/27/12 Case transferred to another office for processing (Jurisdiction)
10/03/12 Received notice of transfer. Transferred to NBC in Missouri
10/03/12 Checked USCIS.gov/Notice of transfer to another USCIS office for processing
12/19/12 NOA2!!!!!

01/07/2013 NVC recieves the case
01/24/2013 Got the Case and IIN #
01/24/2012 E-mailed DS-3032


01/24/2013 AOS bill invoiced
02/07/2013 DS-3032 e-mail accepted
04/15/2013 AOS and IV fees payed

05/15/2013 AOS and IV packages sent

05/29/2013 CASE COMPLETE

06/04/2013 Interview date set for July 30th 2013

07/27/2013 Medical completed

07/30/2013 Interview APPROVED!!!!!

event.png

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Filed: Citizen (apr) Country: Canada
Timeline

You could try again with ESTA or a B-2 (why was he denied? I don't really want to look up the code) but a spousal visa is not for you nor would you obtain one in less than 2 months time

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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It seems like the best route is to apply for a tourist visa, although there's a good chance of getting denied. The best way to minimize that risk is by establishing that you have a lot of reasons to stay in Germany. Having a job (especially if he's worked at the same place for a long time), owning property, etc.

The USCIS officer we spoke with advised us to get a tourist visa when we were asking about visiting for the summer, and then when we were submitting our i-130 (after getting denied a tourist visa...) the other officer seemed surprised that he was denied.

I also agree it's very unlikely to get a spousal visa in time, and unnecessary since you don't want to move there. We waited 2 months for our notice of approval alone.

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Filed: Citizen (pnd) Country: Germany
Timeline

Thanks for all the quick responses. After reading further into the spousal visa I realize how long it'll take and, legally, you really shouldn't get the green card unless you want to live there. I guess trying the ESTA again and the B-2 are our only two choices...sighs.

And the 214(b) code is simply saying you don't have sufficient "ties" to your country. Back then we were just boyfriend/girlfriend and he wanted to stay longer than the 3 month limit for VWP citizens, so he applied for a tourist visa to come visit me and because of our stupidity we're dealing with this ####### now. At least now he's in an Ausbildung, and since the consular officers have to reside in Germany and are trained to know their culture/government at least they should realize an Ausbildung (internship) isn't like in America where you can just finish it when you're 60. You're lucky when you get one and the opportunity normally only comes once or twice in your youth. Plus, you're getting paid to go to school and obtain the equivalent of a bachelor's degree, so it's better than in the US, haha.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; topic is not a spousal visa process topic.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Apply for a B2 or follow through on the ESTA denial. Those are the options. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

You should not apply for spousal CR1 if you are not planning to live in US. You should apply for B1/2 and you should show that you both have been living in Germany and you will continue to have life in Germany. All you are wanting to do is be with the family for the Christmas.

If you can show, you and your spouse are working in Germany have established a life in Germany getting a B1/2 should be easy.

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Filed: Timeline

ESTA is an electronic system, so for the vast majority of people, no human will ever actually look at it before it comes back approved or denied. Therefore, you don't get a reason for any denial, a computer approves or denies. However, the previous B-2 denial is likely to be why the ESTA came back denied. Why did he apply for a tourist visa back then instead of just going on the VWP? And here's another important question, when he filled out the ESTA form, did he check "yes" for previous visa denials?

As other posters have stated, getting a spousal visa in 2 months is next to impossible. Most people wait 7 - 8 months, make that 3 - 4 months if you actually live in Germany with him and get it expedited through USCIS. You can always try ESTA again, and if denied, go apply for a B-2 again. As Harsh said, Germany is not a high-fraud or high-risk country, so if you can show that you both work in Germany or own property there, getting a tourist visa for him should be fairly easy.

Edited by Jay Jay

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Filed: Other Timeline

All you can do is try to get a B2. You'll need to approach this methodically and convince the C.O. that you two have no intentions to move to the United States anytime soon, as your husband is in the process of finishing his education. If you can't get this done, or just encounter a C.O. who isn't really listening, then you'll need to use the red dress another time.

http://immigrationroad.com/visa/214b-immigrant-intent-visa-denial.php


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (pnd) Country: Germany
Timeline

Why did he apply for a tourist visa back then instead of just going on the VWP? And here's another important question, when he filled out the ESTA form, did he check "yes" for previous visa denials?

He applied for the B2 since he wanted to stay past the 3-month limit for VWP citizens. And, yes, we had to answer yes to the visa denial question. If they catch you lying then you get a 5-year ban from entering the US, which wouldn't necessarily make things easier.

My mom contacted Senator Inhofe's office to ask for any help they could offer and one gentleman said he'd call the ESTA offices by Monday. He says based on the fact that we even filed for a work visa in the past is probably why we had trouble. (Germans can't get a work visa, and they didn't say that on the website when we filed it) Even so it never was technically "denied" since the visa wasn't available for him and he never went to an interview for it. We simply gave up on that option and switched to the tourist visa, but since he had no strong ties except for saying he was "visiting family friends" the officer denied him.

and before you all wonder why we filed for the work visa back then...my parents own a heating and cooling company and were willing to hire him so he wouldn't just be sitting around while I was at college and all, but when they found out the visa wasn't going to happen they just said they'd pay for his food and boarding for the 5-6 months he'd be there.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: K-1 Visa Country: Wales
Timeline

Germans can get Work Visa's.

Which one did your Parents apply for?

I can not tell if you got as far as an application, paid fee etc but a Visa can only be approved or denied. Not turning up is a denial.

I would agree your best chance is a B2.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Timeline

He says based on the fact that we even filed for a work visa in the past is probably why we had trouble. (Germans can't get a work visa, and they didn't say that on the website when we filed it)

You are mistaken. Germans can get work visas the same way people from Mongolia or the South Pole can.

The United States government does not discriminate against Krauts or any other ethnic group.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: AOS (apr) Country: Denmark
Timeline

He applied for the B2 since he wanted to stay past the 3-month limit for VWP citizens. And, yes, we had to answer yes to the visa denial question. If they catch you lying then you get a 5-year ban from entering the US, which wouldn't necessarily make things easier.

My mom contacted Senator Inhofe's office to ask for any help they could offer and one gentleman said he'd call the ESTA offices by Monday. He says based on the fact that we even filed for a work visa in the past is probably why we had trouble. (Germans can't get a work visa, and they didn't say that on the website when we filed it) Even so it never was technically "denied" since the visa wasn't available for him and he never went to an interview for it. We simply gave up on that option and switched to the tourist visa, but since he had no strong ties except for saying he was "visiting family friends" the officer denied him.

and before you all wonder why we filed for the work visa back then...my parents own a heating and cooling company and were willing to hire him so he wouldn't just be sitting around while I was at college and all, but when they found out the visa wasn't going to happen they just said they'd pay for his food and boarding for the 5-6 months he'd be there.

Apply for a tourist visa and bring LOTS of evidence to tie your husband to Germany. Evidence meaning utility bills, lease/rent/owning property, car. Work/internship - a signed letter, probably also saying he is to return on a certain date(if possible). Anything that financially makes him tied to home country currently and in the future. Of course there are no guarentees he'll get the tourist visa but it's worth trying.

There is no other way you'll get another visa just to visit with such little time left.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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