Chances of B1/B2 approval for someone with US citizen spouse and kid

[babyduck 3]

Hi all,

I am posting on behalf of a friend. None of them are fluent in English, so I have offered to help.

Facts - Family of 3, husband, wife and minor son (16), all of the, immigrated from Russia 14 years ago. Husband and son naturalized, but wife did not. 4 years ago, about a week before her 10 yr green card expired, wife went back to Russia, unofficially separating from her husband. They never divorced and husband has been supporting wife in Russia for the last 4 years by sending money each month.

Now, wife wants to apply for a B1/B2 visa to see her family. She has no intention of living in the US or re-applying for a green card. She only wants to visit.

What are her chances of getting a tourist visa?

I think it's fairly low because she has no ties to Russia except an apartment -no job, income or assets.

She has US citizen immediate family and therefore, may be at risk of overstay.

She abandoned her green card and USCIS might assume that she will stay back and try to adjust status through her husband.

I am trying to give them an honest appraisal of the situation. They are having trouble finding a lawyer because the Russian speaking ones near them either don't deal with tourist visas or are busy for months. Any help?

Edit - Even though son has been here nearly all his life, he is estranged from his mother after she walked out on him 4 years so, so he refuses to be involved in any way. Dad can't speak any English and I am helping him.

Edited May 20, 2016 by babyduck

[Rc123rc 528]

Interesting to see some answers on this. Considering the fact she walked out on everyone, I would think she'd have a clue that no one wants to see her. I guess the real question is about being married, giving up a green card and then wanting back in on a tourist visa. Is that even possible since she is married? Wouldn't that be a CR1 all over again? I don't know. Confusing as hell if you ask me. Somebody certainly needs to see a lawyer and God Bless the husband for continuing support. I'm not sure I would stayed married.

[babyduck 3]

Interesting to see some answers on this. Considering the fact she walked out on everyone, I would think she'd have a clue that no one wants to see her. I guess the real question is about being married, giving up a green card and then wanting back in on a tourist visa. Is that even possible since she is married? Wouldn't that be a CR1 all over again? I don't know. Confusing as hell if you ask me. Somebody certainly needs to see a lawyer and God Bless the husband for continuing support. I'm not sure I would stayed married.

Oh, her husband wants to see her, he is deep in that abusive mess. She treats him like dirt and hr still supports her, sends her money whenever she asks for it and refuses to divorce her. I have no idea why he is doing this, but I am very sympathetic to him and hence, want to help him.

Wife does not want CR-1 again, she refuses to live here permanently. She wants a tourist visa to visit for a month or so.

[Boiler 46,865]

How did he naturalise if he does not speak English.

Sounds like the Consulate would be doing him a favour if they refuse her. Which is likely.

[Illiria 980]

Did she surrender her permanent resident card along with the associated form to the embassy in Russia? If she did it might improve her chances but to be honest her ties to Russia seem thin.

[KierenHby 900]

Husband and son naturalized, but wife did not. ...about a week before her 10 yr green card expired, wife went back to Russia,

The timing stood out to me.. perhaps something in her past that might've prevented her from Naturalizing or renewing her green card?

[babyduck 3]

How did he naturalise if he does not speak English.

Sounds like the Consulate would be doing him a favour if they refuse her. Which is likely.

I have absolutely no idea!!! I assumed you needed to speak English and know US history and stuff to pass (I am a permanent resident, yet to naturalize). He lives in Russian majority neighborhood, so maybe this is common and the officers deal with it?

[Illiria 980]

How did he naturalise if he does not speak English.

.

I'm starting to think my cat could pass the naturalization exam :-)

[babyduck 3]

Did she surrender her permanent resident card along with the associated form to the embassy in Russia? If she did it might improve her chances but to be honest her ties to Russia seem thin.

Nope, she didn't surrender anything. She claims she threw the card away when she went back since it was expired and useless.

[Boiler 46,865]

There are some exceptions but you have to be really old.

[Illiria 980]

Yeah, I don't fancy her chances but there is nothing to stop her from applying, in fact even if he didn't want her to come over then there isn't anything to stop her from applying.

[babyduck 3]

The timing stood out to me.. perhaps something in her past that might've prevented her from Naturalizing or renewing her green card?

So this is going to make her look worse, but the timing issue was this - her husband told her to either naturalize or renew her green card and she refused, saying that she would be betraying Russia by doing so and that she was leaving.

[KierenHby 900]

..she would be betraying Russia by doing so and that she was leaving.

odd.. an attack of conscience just weeks prior to gc expiration.. after living in the US 10+ yrs?

[almost_umrican 54]

Interesting to see some answers on this. Considering the fact she walked out on everyone, I would think she'd have a clue that no one wants to see her. I guess the real question is about being married, giving up a green card and then wanting back in on a tourist visa. Is that even possible since she is married? Wouldn't that be a CR1 all over again? I don't know. Confusing as hell if you ask me. Somebody certainly needs to see a lawyer and God Bless the husband for continuing support. I'm not sure I would stayed married.

The embassy does not care about what how bad the wife was etc and neither they are going to believe the wife that she has no intention of having the USC spouse petition for her gc. B2 is always a gamble. there can't be definitive answers. i personally find this positive that wife was once a permanent resident but again it can work against her.

[Rc123rc 528]

The embassy does not care about what how bad the wife was etc and neither they are going to believe the wife that she has no intention of having the USC spouse petition for her gc. B2 is always a gamble. there can't be definitive answers. i personally find this positive that wife was once a permanent resident but again it can work against her.

I was not referring to a Visa being granted base on her personality. I was wondering based on the facts alone whether 1) CR1 versus B2 Visa. Which is the appropriate visa in this case? A secondary issue is the amount of ties she has to Russia if B2 is the correct choice. If little or no ties then have to guess what the usual response by the CO would be.