B2 Renewal, Hubby is a GC Holder

[NikeS 49]

Hi everyone,

My current B2 visa is up for renewal soon and I got it as a single woman. I got married to my hubby who is a Permanent Resident in 2012 and have visited the US twice. On my first trip we got married in the states and I stayed for 1 mth and my last visit was for 3 wks. I have no intention of overstaying my I-94 @ any given time. Everything in my home country is still in my maiden name including my International Passport so I want to ask:

1) On my new DS-160, do I disclose that I have a PR hubby knowing well that I may be denied my Visa renewal? It would imply I am an intending immigrant who may overstay.

2) Hubby becomes a citizen next year and would file for me then. However if i reapply maintaining the claim that I am single, would it be a problem when I go for my AOS interview when it is dicovered I got a 2013 visa when i was in fact married to a PR claiming to be single?

Please Help.

[Harpa Timsah 13,258]

If you try to lie and say you are single you will be banned from the US for life.

Tell the truth, and show that you have properly used the visa since you were married. Emphasize your ties to home and DO NOT LIE.

The fact that you imagine doing AOS also implies that you plan to misuse the visa. You cannot use the tourist visa to move to the US. You will apply for the proper spousal visa. Why hasn't your husband applied for you already? You could be living in the US by now.

Edited July 17, 2013 by Harpa Timsah

[florida4life 29]

Your husband must file form I-130 for you and you cant do AOS.

[Darnell 8,478]

uh oh. AOS Interview? Yer not thinking of a spousal visa interview, instead?

Uh oh....

[menina 50]

I read it as she was talking about AOS after her husband becomes a citizen and files for a spouse visa. Then they would go through AOS. In any case, lying on an immigration form or to an immigration officer is always a bad idea. A member was recently denied citizenship for not disclosing information on a visa issued years ago.

[NikeS 49]

Sorry not AOS, I mean the consular interview durung consular processing (much more words). Hubby is a Green Card holder and it takes many years for the spouse of a PR hence our decision to wait till he becomes a citizen mid year 2014.

If he files for an immigrant visa now, my tourist visa gets cancelled and I can't visit till it comes through. It takes a longer time for the spouse of a PR than a citizen to go through consular processing 4 yrs+ compared to 9-12 mths. Hence my desire to renew my B2 visa and maintain my visits.

[Harpa Timsah 13,258]

Your tourist visa will not be cancelled for having a pending I-130 petition.

Next month's visa bulletin has F2A at current.

[NikeS 49]

@ Harpa it says for all chargeable areas, current date is 08OCT11. That's about a 2 year wait.

[Harpa Timsah 13,258]

@ Harpa it says for all chargeable areas, current date is 08OCT11. That's about a 2 year wait.

I said next month. Next month is August.

[Darnell 8,478]

I read it as she was talking about AOS after her husband becomes a citizen and files for a spouse visa. Then they would go through AOS. In any case, lying on an immigration form or to an immigration officer is always a bad idea. A member was recently denied citizenship for not disclosing information on a visa issued years ago.

Huh? Chasing a spousal visa and chasing after an adjustment of status are not the same things. One doesn't do one, after the other, either (well, of course the exception is a K-3 visa, but who chases after that, these days?)

I read it as chasing after AOS after her husband becomes a USCitizen, whilst she's in country.

[canadian_wife 1,823]

So you honestly don't think they will put two and two together if your husband files for you when he becomes a citizen and you listed yourself as 'single' on a tourist visa petition? That is material misrepresentation and can result in a lifetime ban

You need to disclose it appropriately.

good luck

[NikeS 49]

For August 2013 it says current, I get you. We haven't filed anyway no chance of meeting up now. Does it revert after a few months or is it permanently "Current" for several months?

[NikeS 49]

Hence my question to you all for advice. It is a risk if I am denied the visa because my hubby is a resident. I guess weighing it against the risk of being banned or further immigration troubles down the line............ It is best disclosed and cross my fingers that I'd get the visa regardless.

[aaron2020 11,651]

Hi everyone,

My current B2 visa is up for renewal soon and I got it as a single woman. I got married to my hubby who is a Permanent Resident in 2012 and have visited the US twice. On my first trip we got married in the states and I stayed for 1 mth and my last visit was for 3 wks. I have no intention of overstaying my I-94 @ any given time. Everything in my home country is still in my maiden name including my International Passport so I want to ask:

1) On my new DS-160, do I disclose that I have a PR hubby knowing well that I may be denied my Visa renewal? It would imply I am an intending immigrant who may overstay.

2) Hubby becomes a citizen next year and would file for me then. However if i reapply maintaining the claim that I am single, would it be a problem when I go for my AOS interview when it is dicovered I got a 2013 visa when i was in fact married to a PR claiming to be single?

Please Help.

Never ever lie to the US government.

If you mark single, then you will be committing visa fraud. You would be making a material misrepresentation that will lead to a lifetime ban.

Did you see the thread where the lady lied about being single with a husband in the US? She apply for US citizenship and was denied for bad moral character when she lied about being single to get a student visa? She is not worry about being deported. Nothing her US citizen husband can do to stop it.

[menina 50]

Huh? Chasing a spousal visa and chasing after an adjustment of status are not the same things. One doesn't do one, after the other, either (well, of course the exception is a K-3 visa, but who chases after that, these days?)

I read it as chasing after AOS after her husband becomes a USCitizen, whilst she's in country.

Okay, I see what you mean. I had forgotten that the spouse visa follows a different process than the K1 after entering the US. Edited July 17, 2013 by menina