Spouse of a U.S. citizen trying to get a B-2 visa

[Mingtao1 0]

I’m getting really frustrated with this B2 visa situation. Today my wife just got denied for the 3rd time at HK consulate.

Her 1st try she applied as single, we weren’t married yet. Denied.

2nd time,. We got married in Hong Kong, and her interview was the day after we obtained marriage certificate. I had to fly back to US 3 hours after the ceremony so I didn’t have time to amend the DS-160, so she went to her 2nd interview as single again and denied.

this third time I filled out the DS-160 with updated marital status, and wrote a letter to explain to CO that last time I didn’t have time to amend the DS-160 because I had to catch the airplane. I also explained we currently have no plan to file for an immigrant visa because I’m moving back to HK next year, no point of moving her to here if I will leave next year anyway. We just need a B2 visa so she can occasionally come visit me before I go back next year. Got denied again with 214b. What did we do wrong? Why would they refuse her when she can actually get immingrant visa if she has any intention to immigrate? 
 

[Mike E 11,727]

17 minutes ago, Mingtao1 said:

Why would they refuse her when she can actually get immingrant visa if she has any intention to immigrate

It was refused precisely because she can easily immigrate to the U.S. if she enters the U.S. on a B visa.

 

If anything, her marrying you, made it harder for her to a B visa.

 

I have seen women in her position over come  214b one of two ways:

 

* become of permanent resident of a highly developed country whose citizens have a visa waiver or visa exemption with the U.S. I was skeptical this would work but I have seen it.

 

* the U.S. citizen spouse has a second citizenship with a highly developed country whose citizens have a visa waiver or visa exemption with the U.S. The U.S. citizen’s spouse then obtains a tourist visa to travel to that company. She travels on that visa, and leaves after a short visit (say 2 weeks). She then applies for a B visa, and includes the evidence: 

- she could have easily adjusted status to her spouse’s second country and did not

- she did not over stay

- she made a short visit

- she is clearly living in her own country of citizenship or legal residence

- she  proved she has no immigration intent

 

So get

 

1. yourself another citizenship at an OECD country, or

 

2. get her a GC and then move to her country in the employment of a 319(b) employer. Then she files for expedited naturalization.

[Boiler 43,760]

We do not get that many Hong Kong Citizens applying for tourist visas, my impression is that they have a fairly high success rate.

 

The one thing that does strike me is that it is her application not yours.

[MaxP22 169]

Getting married to you is a negative for her application. You are focusing too much on yourself, her application has nothing to do with you.

 

She needs to show strong ties to her home country, why she will return, such as employment. What ties did she show? 

[Mingtao1 0]

She does have a very high paying employment, plus her brother got in trouble so she’s taking care of her 2 nieces. She genuinely has no intention to immigrate otherwise we would just apply for a immigrant visa

[Boiler 43,760]

4th time a charm?

[Mingtao1 0]

I might just file the immigrant visa and go the consular processing route. 

[Boiler 43,760]

15 minutes ago, Mingtao1 said:

I might just file the immigrant visa and go the consular processing route. 

You realize this is going to take 18 months ish.

 

Have you reviewed the guides on here?

[Mingtao1 0]

I know that. Currently petitioning my father already.  This immigrant visa processing time is way longer than what it used to be 15 years ago. That’s why I thought we just apply for a B2 visa for a temporary use. Then when I go back to HK we just apply the immigrant visa later and wait it out there. But now it seems hopeless with this B2 try, it already wasted 8 month in 3 interview.

[Boiler 43,760]

3 minutes ago, Mingtao1 said:

I know that. Currently petitioning my father already.  This immigrant visa processing time is way longer than what it used to be 15 years ago. That’s why I thought we just apply for a B2 visa for a temporary use. Then when I go back to HK we just apply the immigrant visa later and wait it out there. But now it seems hopeless with this B2 try, it already wasted 8 month in 3 interview.

 I assume you have the I 864 covered and know you have to enter before or with your father 

[Mingtao1 0]

Can’t remember if I-864 was submitted when I filed. If it was to be filed together then I think I did. What you mean by I have to enter before or with my father??

[Boiler 43,760]

2 minutes ago, Mingtao1 said:

Can’t remember if I-864 was submitted when I filed. If it was to be filed together then I think I did. What you mean by I have to enter before or with my father??

You might not have got that far.

 

You are petitioning for your father to join you in the US.

[Mingtao1 0]

Yea. I filed the I-130. I dont think aaffadivis of support was required at initial filing yea?  
you mean when my father enters U.S. I must be in U.S. too right? 

[beloved_dingo 1,939]

The purpose of an I-130 is essentially for family re-unification inside the U.S. The petitioner has to establish domicile (or show adequate evidence of "intent to establish domicile") before the interview. Usually this involves the petitioner moving back to the U.S. beforehand if the petitioner is currently overseas. 

[Boiler 43,760]

I think you have not reached the stage of filing the I 864 for him