worriedsoul

May I just ask out of interest why you used a B-1/2 instead of VWP? In my experience, a VWP country citizen traveling on a B visa is always an eyebrow raiser to them. Just goes to show how a simple matter can escalate, make you nervous, and make them not believe the story.

I bought a holiday home and was advised on 3 separate occasions at 3 different POE for the INS officer admitting me to get one. I took their word as gospel and got one. And yep, everytime I entered USA on the b1/b2 I was continually asked "why did you get this? you don't need one." It for sure caused me problems.

Yes, it can be hard to apply for a B2 visa while a I-130 application is pending. It's even harder in your case because you previously raised suspicions about intent to immigrate and had your B2 cancelled,. Even if you do get another B2 visa by convincing a consular official, you can still be denied entry by CBP at the border. It's your choice whether to risk it or not. It might depend on if you can do a good job of convincing them you'll stay at home until the CR-1 comes through--ties to home country and commitments to be there and such. No one can tell you what the result will be.

thank you for the response. I think it's better that I just wait it out here in England then. As you say, I can get another b1/b2 and still get refused at POE, it's just not worth the risk.

If I were the OP I would contact an attorney FIRST. I think the attorney would advise that they get married outside of US, and file CR1. If I were OP I'd stay in Korea his fiancee/wife for a while pre/post marriage so accrue strong ties/evidence. I think the language barrier played a huge role, as neither of them were fluent in the others language.

From what I read it sounds similar to what happened to me on my B1/B2 - catching the wrong officer(s) at the wrong time and being a bit shaken up and scared and not sound convincing in responses, even if she was telling the truth, they seem to take being nervous as lying. I really don't think they stop to think sometimes how intimidating they are. But I've kindof been through this myself, and I really feel your pain. But trust me, your pain right now is nothing compared to your partners so do anything you can to comfort her and make her feel better.

It's at the discretion of CBP when you enter - "normal" is 6 months but if you have a record of spending a lot of time in the US they might give you less, if they admit you at all. You might get 3 months, a month, or they could decide they think you will attempt to adjust status when you arrive and turn you back. So, given your history, it is a risk but if you can afford it, you can by all means try for the visa first of all.

Yeah, I'm thinking it's probably prudent to leave it and just have my partner visit here in England periodically, which is tough as she works full time and has a daughter. If we do this, it'll be August (my birthday) when I next see her and we haven't been together since she was here in January, and I'm already concerned at how flakey this looks. I'm already expecting a royal grilling over getting married a few months after being asked to remove my request to enter USA at POE last August, I figure it'll throw up another red flag if I try to concurrently apply for a B1/B2 whilst filing CR1. Any advice?

Thanks for your continued help guys, much appreciated!

Yeah, I'm thinking it's probably prudent to leave it and just have my partner visit here in England periodically, which is tough as she works full time and has a daughter. If we do this, it'll be August (my birthday) when I next see her and we haven't been together since she was here in January, and I'm already concerned at how flakey this looks. I'm already expecting a royal grilling over getting married a few months after being asked to remove my request to enter USA at POE last August, I figure it'll throw up another red flag if I try to concurrently apply for a B1/B2 whilst filing CR1. Any advice?

Thanks for your continued help guys, much appreciated!

Another thing, my VISA wasn't the problem, it was a 10 year B1/B2, it was the INS officer asking me to remove my request to enter the country as he felt I had been spending too long in the country as a tourist. There's a good chance if I got another B1/B2, I'd just get refused entry again at POE, I guess?

**** Moving from AOS to CR-1 forum as OP now knows this is the process/ visa they need ****

You can try- if you have the money, go for it as all they can say is no, and a denial won't affect your spousal visa.

really? I was advised by the INS officer at POE not to try to return to usa for upto a year as they would probably deny me again at POE, which has nearly passed. if i were to successfully apply for a b1/b1 again, and visited usa, what maximum length of trip/stay would be recommended?

thank you so much for your help.

No such thing, alas.

sorry.. typo!

I was asked to remove my request to enter the country at POE last August due to the fact the INS officer felt I had been spending too long in the country on my B1/B2. I realise this impacts my case a little but I have that in order evidence wise.

So, I guess with this in mind, it would be inadviseable to apply for another immigrant visa to visit, and to wait out the CR1 process..?

No if you make sure you are prepared (get police certs ahead of time, make sure you have everything ready for the enxt step), it definitely shouldn't take a year.

As you had a B2 canceled (why? when? It is unlikely, but could impact your spousal visa, say if you were deported or there was miss-representation), you'd need to get another B2 to be able to travel.

I was asked to remove my request to enter the country at POE last August due to the fact the INS officer felt I had been spending too long in the country on my B1/B2. I realise this impacts my case a little but I have that in order evidence wise.

Agree with Penguin. You can visit the US while the CR-1 is pending though as long as you do not overstay. You will need to bring proof of strong ties to your country when traveling to prove you intend to return and not overstay.

I am not allowed to travel on the visa waiver program due to having my B1/B2 cancelled, would that change my ability to be able to visit USA?

Thank you for your response.

Ah sorry to confuse you, as you mentioned your wife coming over to the UK on the marriage visa I assumed she was staying with you, my mistake. You will file for the CR- if married less than two years, or IR-1 if married more than two years. The process from filing to interview talked about 7-9 months, but can take a bit less, or a lot more if you don;t send forms back immediately when requested. Here is an overview: http://www.visajourney.com/content/i130guide1

Thank you so much pengiun, this was pretty much what I have been going off, and this adjustment of status plan had really thrown me off. 7-9 months, really? I thought it was at least a year?

Your legal advisors don't know what they are talking about, dump them.

Adjustment of status requires a status to adjust from. You are not in the USA, so you have no status to adjust from. What you CAN do to speed things up is file DCF (directly with the embassy): http://www.visajourney.com/content/dcf

Thank you for your response, this is what I thought. I am not paying for these services, just friends who work in the field. My wife lives in USA with her daughter, so DCF isn't possible, from what I understand. TBH I'm not really sure where I stand, I'm a bit confused now.

Hi all,

Have been reading the forums for a while, but just signed upto post. My wife (USA) and I (UK) got married in my hometown in England at the end of 2011. Both families were present and it was a joyous occasion. My wife came here on a marriage visit visa.

We have sent off the I-130 et al and waiting on the receipt. My legal advisors are applying for adjustment of status for me, as they say if approved, I can "wait out" the process in USA whilst it's approvewd, rather than be separated from my wife and her daughter during this time. I was told upon original receipt, and petitioning for AOS, it takes around 4 months.

I've done a lot of reading up and I've never heard of this whilst the non-US spouse is being petitioned in their home country, is this possible?

Thanks for reading and graciously await your helpful responses

TWBT