Need avice

[topsy kretts 0]

HI, first of all I know my husband and I weren't smart and did some bad decisions when my K1 was in processed. So I would appriciate if you don't call us stupid again. Anyway, here's our story.

A year ago my husband applied K1 visa with hope that I could come to the US and we would get married there. But not long after we had sent our application I got pregnant. I gave birth to a baby girl in March this year. Since we wanted our baby to be a US citizen and have an American Birth Certificate, we decided to get married. After getting married we found out that it would hurt my fiance visa case and that we would have to start over again for a spouse visa. So we emailed the consulate in Hochiminh City, Vietnam to tell them that we wanted to withraw our case for that reason. They asked us to show them our marriage certificate and we emailed them it. In a mean time we applied for spouse visa. A month later the US consulate sent me a letter and told me that our marriage was a shame. I really don't understand how our marriage was a shame when we are legally married and we have a beautiful daughter together. After they called our marriage was a shame and that I tried to enter the US illegally, they were gladly to give my daughter a US passport, birth certificate and social security number. We were all at the consulate for the interview for my daughter to be an American and everything went smoothly. Anyway, our K1 was denied by the US Consulate. Now we are waiting to hear from the USCIS for our spouse case. They received it in Jun and so far we haven't heard more from them. We don't know how long we will have to wait and whether I'll get the visa. My husband's family really wants to see our baby and me so we now consider applying tourist visa. My 8 month daugher doesn't need a visa since she's an American. But I wonder if I can get the tourist visa? I really don't want to overstay or live illegally since I have a spouse visa in process. Plus, I would want to be able to visit my family in Vietnam every year if I ever came to America. I really apprecicate nice friendly answers. Thank you.

[Avery Cates 1,141]

It's my understanding that while you have an I-130 pending, visitor visas are denied and not issued because of the high intent to immigrate and the chances that you'll just use the visitor visa to get into the country and stay are just to high.

It is also my understanding that there are people who filed in March still waiting for their cases to be adjudicated, so a June filer won't see any action for quite some time yet.

Whether or not the I-130 will be approved sounds like a toss up, because they seem to think for some reason you tried already to enter illegally.

[Ana&Sean 5]

im sorry but now that everything got complicated and u guys really want to live in the US its time to bring in an immigration lawyer to help you with your case or u just might be wasting more time...

[Avery Cates 1,141]

A consult with a lawyer might not be a terrible idea, but just remember they can only provide a little bit of guidance on how to best proceed, they can do nothing to speed up the process for you, regardless of what they might claim. Any forms that need to be filled out and sent in I would still advise doing yourselves, as lawyers tend not to have any sense of urgency about submitting such things.

[dwheels76 5,468]

HI, first of all I know my husband and I weren't smart and did some bad decisions when my K1 was in processed. So I would appriciate if you don't call us stupid again. Anyway, here's our story.

A year ago my husband applied K1 visa with hope that I could come to the US and we would get married there. But not long after we had sent our application I got pregnant. I gave birth to a baby girl in March this year. Since we wanted our baby to be a US citizen and have an American Birth Certificate, we decided to get married. After getting married we found out that it would hurt my fiance visa case and that we would have to start over again for a spouse visa. So we emailed the consulate in Hochiminh City, Vietnam to tell them that we wanted to withraw our case for that reason. They asked us to show them our marriage certificate and we emailed them it. In a mean time we applied for spouse visa. A month later the US consulate sent me a letter and told me that our marriage was a shame. I really don't understand how our marriage was a shame when we are legally married and we have a beautiful daughter together. After they called our marriage was a shame and that I tried to enter the US illegally, they were gladly to give my daughter a US passport, birth certificate and social security number. We were all at the consulate for the interview for my daughter to be an American and everything went smoothly. Anyway, our K1 was denied by the US Consulate. Now we are waiting to hear from the USCIS for our spouse case. They received it in Jun and so far we haven't heard more from them. We don't know how long we will have to wait and whether I'll get the visa. My husband's family really wants to see our baby and me so we now consider applying tourist visa. My 8 month daugher doesn't need a visa since she's an American. But I wonder if I can get the tourist visa? I really don't want to overstay or live illegally since I have a spouse visa in process. Plus, I would want to be able to visit my family in Vietnam every year if I ever came to America. I really apprecicate nice friendly answers. Thank you.

Unfortunately you have two strikes against you trying to get a tourist Visa. The country you are coming from. And a denied Visa in the system You can apply and try but the probability of an approval is really zero. Sorry.

You have a US husband and a US citizen child and a denied petition they have flagged you as a sham marriage you look like a high risk to enter.

I personally would really get in to see a lawyer. Since Marc Ellis lives in Vietnam try him he knows your consulate and may be able to instruct how you need to prepare further.

Really sorry for all you are going through.

[topsy kretts 0]

Thank you very much, guys.

Could you give me Mc Ellis's number? Thanks in advance.

Unfortunately you have two strikes against you trying to get a tourist Visa. The country you are coming from. And a denied Visa in the system You can apply and try but the probability of an approval is really zero. Sorry.

You have a US husband and a US citizen child and a denied petition they have flagged you as a sham marriage you look like a high risk to enter.

I personally would really get in to see a lawyer. Since Marc Ellis lives in Vietnam try him he knows your consulate and may be able to instruct how you need to prepare further.

Really sorry for all you are going through.