B2 to help US citizen after surgery

[Anna Hessler 119]

Hi everyone! I have a bit of a long winded question, my apologies in advance.

 

My name is Anna, I am a US citizen. I applied for a K1 visa in December of 2021 and my partner and I are excited about getting close to NOA2! My partner is Belgian/Dutch and has an ESTA. He is currently here in the US on his ESTA and leaves in just a few days. I had a stupid, stupid, stupid accident a few days ago. I had a nasty fall on concrete and broke my wrist, arm and elbow in more than five places. I have several surgeries ahead of me and will be out of work for many months. I need a lot of help! I can barely care for myself, much less our toddler. His flight is in a few days and I'd love for him to come right back. But, leaving on an ESTA and trying to re-enter within a week is a major no-no and we know it. 

 

My partner has a B2 interview a few days after he returns to Brussels. I've given him all my medical paperwork, my short term disability insurance info and a ton of other supporting documents to prove what happened and why I need help. Am I totally wrong in thinking that if the B2 gets approved it'll be easier to re-enter rather than using the ESTA again so quickly? I don't want to do anything wrong but this really sucks and I'm desperate for something. 

 

Thank you so much! 

[Boiler 45,670]

First getting a B will be challenging and B or VWP makes no difference 

 

How long has he been here on this visit?

[Mike E 11,741]

He is not getting a B visa and as time is of the essence no point belaboring why.  
 

Get married this week. Thus is a case where I recommend Vegas and @Loren Y can get this done for you within minutes of arrival.  

 

 File to adjust (then cancel I-129F). Pending adjustment of status means he can stay until his case is decided and if decided as a yes, he can stay forever. 
 

Follow the process in:

 

https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

 

 

Edited January 1, 2023 by Mike E

[Anna Hessler 119]

4 minutes ago, Boiler said:

First getting a B will be challenging and B or VWP makes no difference 

 

How long has he been here on this visit?

Yeah we figured the B chance was pretty low. This trip is about 61 days I think. Thanksgiving, Christmas, New Years. Terrible timing with everything, I know! If he hadn't been here so long I wouldn't be worrying about re-entering on an ESTA again so much.

 

If he just can't come back it is what it is. I'm hoping that after surgery I can manage better and I'll try to get some friends to help. 

 

Thank you for the insight! 

[Mike E 11,741]

1 minute ago, Anna Hessler said:

This trip is about 61 days

Oh. I thought he timed out this week. Vegas not needed  unless you live near there.    
 

 Plenty of time to get married other ways and get a marriage certificate in hand before filing I-485 as per my earlier link. 
 

Use https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp to get married. 

[Anna Hessler 119]

7 minutes ago, Mike E said:

He is not getting a B visa and as time is of the essence no point belaboring why.  
 

Get married this week. Thus is a case where I recommend Vegas and @Loren Y can get this done for you within minutes of arrival.  

 

 File to adjust (then cancel I-129F). Pending adjustment of status means he can stay until his case is decided and if decided as a yes, he can stay forever. 
 

Follow the process in:

 

https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

 

 

I appreciate the help! It just makes me really nervous haha. We have a pending K1 that is so close to a decision. I'm worried that they'll see the canceled K1 and think visa fraud while we file the 485. I'll have to look into it more! Thanks!

[Daphne . 1,888]

3 minutes ago, Anna Hessler said:

Yeah we figured the B chance was pretty low. This trip is about 61 days I think. Thanksgiving, Christmas, New Years. Terrible timing with everything, I know! If he hadn't been here so long I wouldn't be worrying about re-entering on an ESTA again so much.

 

If he just can't come back it is what it is. I'm hoping that after surgery I can manage better and I'll try to get some friends to help. 

 

Thank you for the insight! 

The B visa is not a good avenue to go and I would reconsider even doing it at all because he’ll lose his Esta if the B visa gets denied. The reason for applying + having a spouse and child in the US= a very likely denial..

 

You can consider filing for adjustment of status or just leave it as it is, but I really don’t think you should continue the B visa..

[Anna Hessler 119]

Just now, Daphne . said:

The B visa is not a good avenue to go and I would reconsider even doing it at all because he’ll lose his Esta if the B visa gets denied. The reason for applying + having a spouse and child in the US= a very likely denial..

 

You can consider filing for adjustment of status or just leave it as it is, but I really don’t think you should continue the B visa..

Losing an ESTA after a denied B2 is news to me, thanks for sharing!

[Boiler 45,670]

Just now, Anna Hessler said:

Losing an ESTA after a denied B2 is news to me, thanks for sharing!

You have to reapply and with a refused visa on your record you might not be approved 

[Mike E 11,741]

4 minutes ago, Anna Hessler said:

I appreciate the help! It just makes me really nervous haha. We have a pending K1 that is so close to a decision. I'm worried that they'll see the canceled K1 and think visa fraud while we file the 485. I'll have to look into it more! Thanks!

Intent is established by CBP at the port of entry.  CBP determined that, despite the pending I-129F, he did not intend to adjust status.  
 

Your arm was not  broken before   he entered the USA. So circumstances changed. You’ve plenty of evidence.  
 

You’ve been given lemons. Time to make lemonade.  
 

You need him and he is here. Take this gift. You will regret it otherwise. 
 

Yes a denied B visa when one is ESTA eligible is a de-facto ban in most cases. 
 

You’ve got today and tomorrow to consider your options. Tuesday the counties open for marriage licensing. 
 

Tick tock. 

Edited January 1, 2023 by Mike E

[Anna Hessler 119]

1 minute ago, Boiler said:

You have to reapply and with a refused visa on your record you might not be approved 

Thank you for telling me this!

 

I think I'll just have him cancel the B2. Maybe I can pack up and move there for a few months after surgery. I'm out of work anyway and its not like our toddler goes to school. 

 

Huge thank you to everyone!! I really, really appreciate the help! We would have made some awful decisions without you!

[Anna Hessler 119]

9 minutes ago, Mike E said:

Intent is established by CBP at the port of entry.  CBP determined that, despite the pending I-129F, he did not intend to adjust status.  
 

Your arm was not  broken before   he entered the USA. So circumstances changed. You’ve plenty of evidence.  
 

You’ve been given lemons. Time to make lemonade.  
 

You need him and he is here. Take this gift. You will regret it otherwise. 
 

Yes a denied B visa when one is ESTA eligible is a de-facto ban in most cases. 
 

You’ve got today and tomorrow to consider your options. Tuesday the counties open for marriage licensing. 
 

Tick tock. 

I'll have to think about this and talk about it with him. Thank you so, so much.

[Boiler 45,670]

8 minutes ago, Anna Hessler said:

I'll have to think about this and talk about it with him. Thank you so, so much.

Adjusting seems to make sense, he is I assume not working and you would save a lot of time

[Anna Hessler 119]

1 minute ago, Boiler said:

Adjusting seems to make sense, he is I assume not working and you would save a lot of time

I am so scared. 🤣 Isn't the penalty like a 10 year ban from the US? If his 485/AOS is denied?

 

We will think about it today and tomorrow! Thank you all again so much!

[Boiler 45,670]

Why would it be denied? 
 

Has to be a reason and if so you have much bigger issues