Need serious advice

[Alees 5]

Hello guys, I visited my husband 2 times in United states.. 2nd time I got pregnant and delivered a baby because my doc said it's a high risk pregnancy I cnt travel. So couldn't come back on time so we applied for extension and it got approved.. i came back from usa in dec 2016.. in janaury 2017 my husband applied F2A forme and in February I got a call from an embassy for interview I went there they revoked my b2 visa I asked them the reason they told me on that time I have different circumstances and now u have different situation,that's why they r revoking and they give me a letter in which they have mention my visa is revoked and put some charge on me at the same time they have mention that I can reapply anytime.. as we all can see cases are too slow from 8 months.. So we cnt assume when we get an interview date..my husband want to reapply for me because he want me and my daughter to be with him in states.. he is saying u can tell interviewer that my daughter visa is going to expire and I dnt know when will be my f2A visa process gonna be done so I can visit my husband in this period.. what you guys think should I apply for b2 visa and the reason I am going to tell them is make any sense? Please share your thoughts on it.. thank you

Edited August 18, 2017 by SaniAli

[Coco8 1,039]

1- You are very likely going to get denied a B2 because you overstayed. Plus, your husband files F2A for you, which makes it harder for you to prove ties to your country.

 

2- Your daughter cannot travel on her own. You are not going to get a visa. Your husband should travel to your country and visit.

 

3- Your husband cannot apply for a visitor visa for you. You have to apply. The visa is based on your, not him.

 

4- F2A takes 2 years. Your husband should have applied much earlier for you. If he applied January 2017 you will be getting the visa around January 2019. When is he going to become an US citizen? That would cut down the time of wait. 

 

 

 

[Alees 5]

8 minutes ago, Coco8 said:

1- You are very likely going to get denied a B2 because you overstayed. Plus, your husband files F2A for you, which makes it harder for you to prove ties to your country.

 

2- Your daughter cannot travel on her own. You are not going to get a visa. Your husband should travel to your country and visit.

 

3- Your husband cannot apply for a visitor visa for you. You have to apply. The visa is based on your, not him.

 

4- F2A takes 2 years. Your husband should have applied much earlier for you. If he applied January 2017 you will be getting the visa around January 2019. When is he going to become an US citizen? That would cut down the time of wait. 

 

 

 

Yea my husband cnt apply i have to apply b2 visa.. my husband will be eligible next year in june for citizenship.. if he applied earlier it take 3 to 4 years o that time.. law has been changed in 2014 and now it take 2 year for green card holder I guess. That's why he applied in janaury 2017 because I was visiting him before.. can estimated I interview time is october to November not janaury 2019.. and how it can be over stayed when I got approval of extension.. i have a doctor letter in which she mention I cnt travel..

Edited August 18, 2017 by SaniAli

[Coco8 1,039]

There is no wait for green card holders to petition for their spouses. Did he get his visa because he was single child of US citizen? Maybe that is why he wanted to wait? How did he get his green card?

 

OK. I didn't know your got your visa extended. That is good. 

 

Your husband should apply for citizenship as early as possible. USCIS has a calculator to estimate when he can apply (it can be a bit before the 5 years). Citizenship is taking a while, maybe 6 months, but it depends on whether he lives in a place where there are too many people applying for citizenship. Once he becomes a citizen, he should let USCIS know and your case gets updated to spouse of US citizen (the same petition he already sent). That way, your interview will be earlier than if you keep it as spouse of permanent resident.

 

If your daughter was born in the US, isn't she American? Why do you mention she needs a visa?

 

 

 

 

 

 

 

 

 

 

 

[Alees 5]

2 minutes ago, Coco8 said:

There is no wait for green card holders to petition for their spouses. Did he get his visa because he was single child of US citizen? Maybe that is why he wanted to wait? How did he get his green card?

 

OK. I didn't know your got your visa extended. That is good. 

 

Your husband should apply for citizenship as early as possible. USCIS has a calculator to estimate when he can apply (it can be a bit before the 5 years). Citizenship is taking a while, maybe 6 months, but it depends on whether he lives in a place where there are too many people applying for citizenship. Once he becomes a citizen, he should let USCIS know and your case gets updated to spouse of US citizen (the same petition he already sent). That way, your interview will be earlier than if you keep it as spouse of permanent resident.

 

If your daughter was born in the US, isn't she American? Why do you mention she needs a visa?

 

 

 

 

 

 

 

 

 

 

 

 

5 minutes ago, Coco8 said:

There is no wait for green card holders to petition for their spouses. Did he get his visa because he was single child of US citizen? Maybe that is why he wanted to wait? How did he get his green card?

 

OK. I didn't know your got your visa extended. That is good. 

 

Your husband should apply for citizenship as early as possible. USCIS has a calculator to estimate when he can apply (it can be a bit before the 5 years). Citizenship is taking a while, maybe 6 months, but it depends on whether he lives in a place where there are too many people applying for citizenship. Once he becomes a citizen, he should let USCIS know and your case gets updated to spouse of US citizen (the same petition he already sent). That way, your interview will be earlier than if you keep it as spouse of permanent resident.

 

If your daughter was born in the US, isn't she American? Why do you mention she needs a visa?

 

 

 

 

 

 

 

 

 

 

 

My husband got his GC through his uncle in 2013, so he will be eligible for citizenship in next year.. my daughter is US citizen.. 

[Tracy-->NY 40]

For F2A he could have applied for you the day after you married once he had all the necessary documents.  My husband and I got married in September 2015 and I submitted his application in October 2015.  His PD should be current with the October VB,

[Coco8 1,039]

Just now, Tracy-->NY said:

For F2A he could have applied for you the day after you married once he had all the necessary documents.  My husband and I got married in September 2015 and I submitted his application in October 2015.  His PD should be current with the October VB,

Yes, I thought so. There is no wait once the person gets the green card. 

[Tracy-->NY 40]

Did you all get married after he entered the states?  You said you had your daughter in the US did your husband's insurance cover it?

[Tracy-->NY 40]

Just now, Coco8 said:

Yes, I thought so. There is no wait once the person gets the green card. 

No there isn't because when I applied for his I submitted it with a copy visa stamp and passport pages. The copy green card was not submitted till the NVC stage. If I had all the document the day after we got married I could have submitted his petition then, no wait time. 

[Alees 5]

1 minute ago, Tracy-->NY said:

Did you all get married after he entered the states?  You said you had your daughter in the US did your husband's insurance cover it?

Yes he had his insurance which covered my delivery expenses.

[Tracy-->NY 40]

SaniAli, the longest wait time is from submitting the petition to your waiting for your PD to become current as the spouse of an LPR.  About two years currently.

Edited August 18, 2017 by Tracy-->NY

[geowrian 22,336]

46 minutes ago, SaniAli said:

law has been changed in 2014 and now it take 2 year for green card holder I guess.

No laws have changed here...family preference visas are limited each year. If more people apply than visas available, the wait becomes longer.

[Meg&Andrew 297]

No one here can really say if you will be approved or not. You didn't overstay,  and did the right thing by getting an extention. Also,  you didn't come here and rack up all kinds of doctors bills either so thats a plus as well. If you have the money to spend  then by all means,  try and see.  Did they say exactly why they revoked your visa the first time? There was no ban with it, right? 

Edited August 18, 2017 by Meg&Andrew

[Coco8 1,039]

4 minutes ago, geowrian said:

No laws have changed here...family preference visas are limited each year. If more people apply than visas available, the wait becomes longer.

I think she meant that they thought her husband had to wait 2 years to apply for her as her spouse because he got a green card through the uncle (?).

[geowrian 22,336]

1 minute ago, Coco8 said:

I think she meant that they thought her husband had to wait 2 years to apply for her as her spouse because he got a green card through the uncle (?).

Ah maybe. Still, no laws changed....it's been that way for a while.