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B2 visa for wife- married to US citizen, US citizen infant, I-140 filed

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

Hi- I am a US citizen living overseas (Ho Chi Minh City) with my wife of almost 3 years and our son of almost 1 year. My wife is Vietnamese. We successfully filed the CRBA for our son and he has a US passport.
I have filed the petition for alien relative (spouse) form I-130 about 7 months ago and we received the NOA-1 (first notice of action) a few months ago so everything is on track there. I've read other posts that have cleared up whether we can ask for a B2 during this and the word is that not only is it fine, but maybe helpful, since it shows an investment in doing the right thing.
The are two big family functions that we want to attend- my cousin's wedding and an older relative's 80th birthday celebration, plus my wife really wants our son's 1st birthday to be in the ole' USA! It would mean a lot to her.
So on the plus side is the marriage, the CRBA, and the I-130.

The complications are as follows- before we were married but were fiancees, she was denied twice. But our situation has changed a lot so hopefully that's not a big deal.

The other issue to manage and present correctly is that my wife is a home-maker now with no income, and I am paying for everything. I need to know how to properly write an affidavit that I've got everything covered, so I'm asking the forum for help here.
The second issue related to that is that my income doesn't show on my taxes. My taxes are filed correctly but due to the way rental income on houses owned is reported, with depreciation figured in, there is no 'income' technically. And also, I get a lot of income from something that I could describe as a trust, that doesn't appear either on my taxes. I don't have a salary! This is a new situation we are enjoying. I am writing a novel now and will return to work when we move back to the States. I have a notarized document that explains the trust situation, and I can print out bank statements I suppose. If I can communicate our situation effectively and clearly, they will see we have more than enough to take care of ourselves for a 1 month trip or whatever else would be permitted.
Any help with this would be great.

We can further demonstrate our ties to Vietnam by showing that we have invested nearly 10k in a cabana guest-house on her parent's property where we spend considerable time enjoying the support her extended family gives happily in child care. I have prepared a small booklet with receipts of that.

We've filed the B-2 application and will pay the fee and she will go to the appointment probably early next week.

Any tips on how to present?

My fear is an interview where not much is asked, no papers are looked at. I at least want them to be ready in a format the consular official will find clear and acceptable.

Thanks for your help!

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Filed: Citizen (apr) Country: Canada
Timeline

The guest house, what will you do with that once you, your wife, and child move to the US? Can you see how that is not much of a tie?

Your wife has a USC husband and child, no income of her own in Vietnam, and you show 'technically no income' either. I think you should certainly apply but with two denials and very little ties to Vietnam, as of right now I would expect another denial.

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

Thanks for your frank reply, and I agree with you that perhaps this is the way it will go.
In answer to your question- the guest house is not something we can sell. I think it shows that we are invested in our relationship with my wife's parents, my child's grand-parents. We intend on using it on a yearly basis when we return for New Year's celebration (Tet) the single most important holiday in Vietnam. When our boy starts going to school we may shift that visit to coincide with his summer holidays. The grandparents have actually split their parcel of land and deeded some of it to my wife, but that is in progress so we don't have a finalized document yet. But we do have the guest-house documented.
I welcome further comments on this aspect of our case and on our prospects.
However, my specific question is- what is the format to pledge support for the travel that the B-2 visa would allow? I am the husband and have the means. I am not allowed to go into the interview unless they call me in ( and I will be standing by in the nearest coffee-shop). I am supposed to give some kind of affidavit.

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Filed: K-1 Visa Country: Wales
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To summarise:

Your wife has a USC Husband and child.

No job

Has had an Immigrant Petition filed for.

2 prior non immigrant visa's denied.

But our situation has changed a lot so hopefully that's not a big deal.

How have her ties and need to return changed?

“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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1 vote for Nope

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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

Hi everyone.

What has changed is that my wife is married, and no longer fits the profile of a single woman seeking to come to the US. She's married, with a US citizen child and husband who has already invested in the proper family immigration route.
We have also invested nearly ten thousand dollars in a home in Vietnam that also shows close social ties, the bonds that having a child makes.
Why would we invest that kind of money months before leaving it all behind forever? And why would my wife give up her relationship with her family forever, and my child's relationship with his grandparents forever, if all she had to do was wait 6 months and then be permitted to go back and forth properly for the rest of her life?

Here is the account another member gave that gave me enough to actually try, an account from the same Consulate we are going through:
http://www.visajourney.com/forums/topic/481261-ho-chi-minh-city-b2-visa-aproved/

Again- my question is how to show I can pay for the trip? If no one can answer from experience I will give my wife a copy of my bank statement and proof of income plus a letter signed by me that I've got it covered.

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Hi everyone.

What has changed is that my wife is married, and no longer fits the profile of a single woman seeking to come to the US. She's married, with a US citizen child and husband who has already invested in the proper family immigration route.

We have also invested nearly ten thousand dollars in a home in Vietnam that also shows close social ties, the bonds that having a child makes.

Why would we invest that kind of money months before leaving it all behind forever? And why would my wife give up her relationship with her family forever, and my child's relationship with his grandparents forever, if all she had to do was wait 6 months and then be permitted to go back and forth properly for the rest of her life?

Here is the account another member gave that gave me enough to actually try, an account from the same Consulate we are going through:

http://www.visajourney.com/forums/topic/481261-ho-chi-minh-city-b2-visa-aproved/

Again- my question is how to show I can pay for the trip? If no one can answer from experience I will give my wife a copy of my bank statement and proof of income plus a letter signed by me that I've got it covered.

The sole purpose of tourist visa interview is to prove:

1. Ties to home country (nope 1 as above comments contribute)

2. No intention to immigrate to US on non-immigrant visa, and will return when I-94 is over (nope 2 when she is waiting for her IMMIGRANT petition)

3. Have enough money to travel by HERSELF and on her OWN money (nope 3 when you want to pay for her expenses)

You don't accept reality so there is no point asking around. There is no argument of common-sense (as you explained in many "why would") between your spouse and US consulate, they play by the book and she can't persuade them with reasonable answers, there is no visa. Very simple yet straightforward as you know about US government system, there is no way around like Vietnam or China Governments. Only way to find out is that she takes the interview and we will wait for her result. Cross fingers for her.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Citizen (apr) Country: Canada
Timeline

It appears the main difference between you and the other posted you linked is that YOU have filed the paperwork for an immigrant visa.

Anyway, since you are bent on applying, have her bring your proof of income and your bank statements since it is certain they will ask how she will pay for such an expensive trip.

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

Okay guys- this is the deal. I got that link from this pinned discussion:
http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/

If you just look at the link, you can decipher that it is about visiting while CR 1 is pending. It's more than 6 pages long with mostly positive stories.

I neglected to link both threads the person I was in conversation with shared. Here is his conversation:

Hey Andrew

It looks like you got the same story I got. I attached two posts I had on my B2 experience. I filed the B2 application online at night and picked out an open appointment time for the next day. In the morning I paid the visa fee at Citibank on Nguyen Hue; there's a little US visa payment office around the right side of building. The people inside citibank will tell you where it is. Went to the interview that afternoon. The appointment time is meaning less. Just show up when the doors open. She'll walk inside and take a number. On the application I there is a comment spot and I wrote about our I-130 on file with it's current status and USCIS case number. At the end of it I put that I assisted with her application; I filled it out. The CO did say at the end if the wife had the CRBA with her and my passport they probably would have never asked me to come inside and just approve it.

http://www.visajourney.com/forums/topic/480932-ho-chi-minh-city-b2-interview/

http://www.visajourney.com/forums/topic/481261-ho-chi-minh-city-b2-visa-aproved/

So according to Visa Journey members with personal experience you can visit while I-130 is pending. The guys entire experience is what I'm hoping we'll have. Of course it's a positive outcome and the chances are high we will be disappointed. But nonetheless I was looking on this forum for correct information from experience.

You guys really think a married couple isn't expected to share expenses? And why do you think that? Sure, unmarried people have to pay their own way, but married people share expenses, that's one of the ways you prove you are actually married.

And I'm also puzzled that no one seems to think that investing in property shows intent to return.

So my 'interest in reality' is about hearing people's experiences. Some of the nay-sayer's here haven't identified their source of knowledge, that it happened to them. Just the assertion that filing for an immigrant visa means one cannot visit while that is pending. And yet there is a pinned thread right at the top of the immigrant visa forum here on this site that I gave up reading after 6 pages of people saying that they absolutely did visit while their immigrant visa was pending.

I'm not asking for anyone to affirm any rosy vision. I'm just looking for information that matches my situation that comes from actual personal experience or from principles that can be sourced to statements from authorities like USCIS, the consulate, or other valid sources. Please refrain from assertions and assumptions that may be incorrect.

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Filed: K-1 Visa Country: Wales
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If you just look at the link, you can decipher that it is about visiting while CR 1 is pending. It's more than 6 pages long with mostly positive stories.

I visited whilst this process was underway, many people do. I did try and get a B2 without success.

I neglected to link both threads the person I was in conversation with shared. Here is his conversation:

So according to Visa Journey members with personal experience you can visit while I-130 is pending. The guys entire experience is what I'm hoping we'll have. Of course it's a positive outcome and the chances are high we will be disappointed. But nonetheless I was looking on this forum for correct information from experience.

If you look around you will find many many threads where people have visited.

You guys really think a married couple isn't expected to share expenses? And why do you think that? Sure, unmarried people have to pay their own way, but married people share expenses, that's one of the ways you prove you are actually married.

What is hers is hers and what is mine is hers as well. I see no issue with that.

And I'm also puzzled that no one seems to think that investing in property shows intent to return.

With it being such a strong tie, it does seem odd that you would be doing that and also applying for an immigrant visa.

So my 'interest in reality' is about hearing people's experiences. Some of the nay-sayer's here haven't identified their source of knowledge, that it happened to them. Just the assertion that filing for an immigrant visa means one cannot visit while that is pending. And yet there is a pinned thread right at the top of the immigrant visa forum here on this site that I gave up reading after 6 pages of people saying that they absolutely did visit while their immigrant visa was pending.

I visited, see above.

I think you may have misunderstood the replies, I certainly never intimated this.

I'm not asking for anyone to affirm any rosy vision. I'm just looking for information that matches my situation that comes from actual personal experience or from principles that can be sourced to statements from authorities like USCIS, the consulate, or other valid sources. Please refrain from assertions and assumptions that may be incorrect.

The only way to find out is to pay your money and apply, like she did on the 2 previous occasions. You can apply as often as you like.

Edited by Boiler

“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: IR-1/CR-1 Visa Country: Vietnam
Timeline

Boiler, you say you did visit, but tried to get a B-2, without success. How did you visit? Or did I misunderstand?

We invested in a house on her family's property. The property is being split and deeded to her and her sibling. We have the means to return each year to visit for a month at a time at least. I think technically a green card holder who wishes to attain US citizenship only needs to be in the US 6 months out of the year for 5 years (30 months) so there is plenty of legitimate time we can expect to be able to spend in that house. We've used it tons already but haven't gotten 10k of use out of it yet ;)

They allow unlimited applications, yes, but encourage people to recognize whether their situation has changed. I am assuming marriage (and the mingling of funds that implies), CRBA, and NOA1indicates a changed situation. And it's a bit of a roll of the dice. The testimony I linked to I found encouraging but inconclusive as the process is officially unaccountable.

Thanks for your reply Boiler.

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Filed: K-1 Visa Country: Wales
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I used the VWP.

Maintaining residency is more complicated than that, there is no good solution other than Citizenship.

“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: IR-1/CR-1 Visa Country: Vietnam
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Yes, POE is a whole 'nother ball of wax. I didn't mean to imply we would actually do 6 months in each place, but technically it is permissible, along with the vague notion that you are 'really' residing in the states and only visiting overseas.

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Filed: K-1 Visa Country: Wales
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If she gets a B then the PoE is unlikely to be an issue.

“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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