Getting B-1(a tourist visa) when a spouse is a GC holder

[sonet]

I am trying to find out how difficult to get B-1(a tourist visa) for visiting my wife (a US permanent resident) and my daughter (a US citizen) for 3 weeks. I am currently serving 2 year home residency requirement (6 more months left). I never filed I-130 or other paperwork because of my past J-1 visa requirements. Thanks.

[sonet]

I am trying to find out how difficult to get B-1(a tourist visa) for visiting my wife (a US permanent resident) and my daughter (a US citizen) for 3 weeks. I am currently serving 2 year home residency requirement (6 more months left). I never filed I-130 or other paperwork because of my past J-1 visa requirements. Thanks.

[Someone12]

it won't be easy.

[sonet]

Is fact that I still have 6 months to stay at home country helpful in this case?

[Someone12]

no, because the law specifically mentions that a person cannot point to the 2 year rule as a means of overcoming immigrant intent.

[antivirus]

I suggest you contact a immigration specialist. Someone12 might be right in this matter, but I would not trust his advise. He is very anti-immigrants.

[sappyconifer]

Strong financial, social and employment ties to your home country that demonstrate a commitment to remain beyond the remaining HRR of 6 mos would be my guess, although I tend to agree that this might be tricky. There's little that could rise above being vested in marriage and having a child in the US.

[Sugarpuff]

Even if you are successful in getting the visitor visa and can enter the U.S, this time will push back your 212(e) "sentence"

If it were me I would have them come visit me or find a nice neutral country in which to have a little reunion.

[sonet]

Yes, I understand it will delay my "sentence" in my home country.
Would mentioning to the consular officer that H-1 visa paperwork will be filed later reduce my legal or illigal immigration intent when applying for B-1/2.

Thanks a lot for your suggestions.

[ImmortalE]

Go read Court opinions.
They have spoken clearly on this matter.

To answer your OP question simply:
having LPR wife and USC child here, you will not qualify for B-1/B-2 visa.

Best Regards,
IE

[Someone12]

Dear anitvirus: why don't you read the Immigration and Nationality ACt, under the section for "J" visas and see if I am right.
Getting a B2 tourist visa will be difficult and the elements of the 212e rule cannot be used to deflect immigrant intent considerations, nor will having an H1b pending do the trick - in fact, that will likely result in an even faster denial.

[sonet]

This is a note after the fact.


I got a tourist visa and visited my family (my spouse is a GC holder). It was not easy during the interview but it worked OK. A degree from a US university and some kind of relationships to the same university could probably help me to get the visa.

Explore different options and never give up if you are in the same situation.

[AliBA]

Sonet--Having a GC holding spouse is probably not the same thing as having a US citizen one in terms of getting a visa, since you would not be able to adjust status through your spouse until he/she got citizenship.

[ImmortalE]

Aliba, the law is mute about "USC vs. LPR spouse" when it comes to issuing Tourist Visa , but it is clearly stating that "Tourist Visa" is non-compatible with "Immigrant Intention".

Now what that "Immigrant Intention" IS?

This is left to be interpreted by Consular Officer, and among things considered are "Immediate Family Ties".
In this case, this individual not only lacks immediate family ties (spouse and children) in his country of origin, but he has both LPR spouse and US Citizen daughter living in US.


P.S. Perhaps Consular Officer was exeptionally lenient in this particular case.