Filed I-130 can I still get a B2 visa for my son?

[Enas 21]

I filed I-130 for my son and finally we got the notice that his papers have finally arrived and that they are starting the process (apparently his papers were mistaken for someone else's and we spent 6 months without even a receipt) 

 

I'm currently 5 months pregnant and I know that if you have already filed a I-130 than it's very rare that you can get a B2 visa but I just want to give birth and come back. The only problem is I can't leave my son here (he's only 2 years old and still doesn't speak) no one can properly take care of him like I can and I have no family here expect for my husband. 

 

Are there certain cases were you can get a B2 visa even if you filed a I-130

[Roel 7,191]

Huh? Who needs a b2 visa? You? Your 2 year old son? What does pregnancy have to do with it? 

 

Wait. I think I get it. You want to take your son to the US so you give birth there? I honestly doubt he'll get a tourist visa with clear immigrant intent. There is no such thing as certain cases. 

Edited September 6, 2018 by Roel

[Enas 21]

1 hour ago, Roel said:

Huh? Who needs a b2 visa? You? Your 2 year old son? What does pregnancy have to do with it? 

 

Wait. I think I get it. You want to take your son to the US so you give birth there? I honestly doubt he'll get a tourist visa with clear immigrant intent. There is no such thing as certain cases. 

Sorry if that was confusing.

 

yes my son. What if I can prove to them that I'm not planning to stay there? It's only for 6 months and that I'll return with my son 

[Roel 7,191]

1 hour ago, Enas said:

Sorry if that was confusing.

 

yes my son. What if I can prove to them that I'm not planning to stay there? It's only for 6 months and that I'll return with my son 

So how can you be sure that there won't be any complications with the pregnancy or labor? You might end up staying much longer in the US and then your kid will overstay. 

 

There is kind of nothing you can do to improve his chances right now. 

[SusieQQQ 11,584]

2 hours ago, Enas said:

Sorry if that was confusing.

 

yes my son. What if I can prove to them that I'm not planning to stay there? It's only for 6 months and that I'll return with my son 

But who’s filed an i130 for who? Are you a USC currently residing outside the US?

how can you prove you’re not planning to stay when an immigrant petition has been filed?

Edited September 6, 2018 by SusieQQQ

[Enas 21]

3 hours ago, Roel said:

So how can you be sure that there won't be any complications with the pregnancy or labor? You might end up staying much longer in the US and then your kid will overstay. 

 

There is kind of nothing you can do to improve his chances right now. 

I'm currently 5 months pregnant. I plan on leaving when I become 7 months pregnant. So that gives me 2 months to give birth and another three or four months to recover (if they gave me 6 months) that's if I have any complications during labor. 

[Enas 21]

2 hours ago, SusieQQQ said:

But who’s filed an i130 for who? Are you a USC currently residing outside the US?

how can you prove you’re not planning to stay when an immigrant petition has been filed?

I filed for my son. Yes I'm a USC currently residing out of the US. 

 

I was was hoping to book a two way plane ticket in advance to show that I have intention of returning. That and my husband is also not coming with us and I would need to come back to him. I also have future doctor appointments already set after I give birth so I would need to return for them. 

[SusieQQQ 11,584]

2 hours ago, Enas said:

I filed for my son. Yes I'm a USC currently residing out of the US. 

 

I was was hoping to book a two way plane ticket in advance to show that I have intention of returning. That and my husband is also not coming with us and I would need to come back to him. I also have future doctor appointments already set after I give birth so I would need to return for them. 

May I ask, at what point are you planning to re-establish domicile to be able to sponsor your family? When did you file the i130? One assumes you didn’t meet the residency requirement to pass on usc to your son.

 

as for the other, many people don’t use return tickets and doctor appointments can be cancelled. You can always try for the B2 and see what they say, but don’t be surprised if they’re sceptical.

[Enas 21]

11 hours ago, SusieQQQ said:

May I ask, at what point are you planning to re-establish domicile to be able to sponsor your family? When did you file the i130? One assumes you didn’t meet the residency requirement to pass on usc to your son.

 

as for the other, many people don’t use return tickets and doctor appointments can be cancelled. You can always try for the B2 and see what they say, but don’t be surprised if they’re sceptical.

I have co-sponsors. And I have bank accounts and school records that the Consulate approved for domicile when we went to my husbands interview. I filed it back in October 2017 for my son but the papers got mixed up with someone else's and we didn't get a NOA until last month. The reason he didn't qualify for citizen from me is because while I did have proof of residing in the US before the age of 14 I didn't have the full two years of residing in the US after the age of 14. I only had proof of one year. So he was rejected because of that. They did try to help and asked if I even just went for a visit that they would accept that. That I just need something proving that I was in the US one more year after the age of 14. Unfortunately I didn't have anything.

 

I think that's what I may do and if he is rejected a B2 visa than I may just go to the US for a month so that can complete the two years after the age of 14 I need to give this child citizen chip through me.