Vising US spouse during delivery of baby

[amjammal]

Hello.

My wife is a green card holder, she is currently in the US and is seven months pregnant, she will be delivering in two months, and as the father and husband it would obviously mean alot for me to be there at least during delivery.

Now I want to apply for a B1/B2 Visa, I know when I tell them what I plan to do they would automatically think I have immigrant intent. But in my case I can easily prove I have very strong ties to my country of origin and have no intention whatsoever of abandoning that. I work and co-own a very successful family business with my brother and father, I can easily prove that with the relevant documents. I have too much to lose to even think about abandoning my country. Which is why I never told my wife to apply for a Green card for me. I will also book a two way ticket and a hotel for the stay which I will bring with me. In addition to that I will have with me a letter of invitation from a reputable American company we do business with that is based in Virginia.

My question is can anyone advise me on how to go about it? While bearing in mind I will be staying for a month and the letter of invitation is for Virginia, but my wife is in LA and will be delivering there. Could I say that I am going to visit my wife in LA and be with her for birth and at the same time make a quick trip to Virginia from LA and back to meet the company? Or should I not mention the company at all? Or my wife at all?

I would greatly appreciate anyone's advice.

[illumiinati]

Hi,

Well its a tricky situation.

You dont have a dependant Green card. As you say, you dont need it. But wouldn't have it been safer to apply for it and have it? What was the harm? You seem to be well off. And a trip to US every year to keep it active wouldn't have been a bigger deal. You could still live easily in India without any complication and freely visit US anytime you wish.

Your B1/B2 gets tricky because your wife is pregnant. Nothing to do with your financial stability. They expect you to be on GC too, if you say you dont need it, they assume your wife is self sufficient (not just financial aspect) in the US to take care of her pregnancy.
You can still apply for the B1/B2. But I m not too sure about the chances of getting it, if you say pregnancy as the reason. B1/B2 is NOT the category for it. Since your wife is on GC, they expect you to be on GC. If you voluntarily denied, the assumption is with living in India you have made arrangements to take care of delivery in the US.

I would suggest to talk some legal experts in the US to decide on best course.

This is just out of my experience. And just my opinion. Not a legal advice.

ILLUMIINATI

[amjammal]

Thank you for taking the time to reply.

Honestly, the reason I didn't apply for the green card was because I knew I would never leave my country for a long time. Even if I wanted to, I couldn't, my company has me tied up. And the whole point of applying for a Green card is to make way
to becoming a US citizen. I mean imagine I had the green card, but barely went to USA for a month in a year, how long would it be before they revoke that? In addition to that it has barely been two years I got married to my wife, applying for the green card
meant that a whole year may pass, and I wouldn't have gotten it, and since me and my wife were planning on having a baby, we figured that if I apply for the green card, it means there is no way I can try to visit the US, to be with her during delivery, till I get my green card.

At least with A B1/B2 visa I had a chance. In addition to that, I am the one supporting and sponsoring my wife financially while she is in the US. i.e. She is dependent on me.

I understand it is better if I talk to a legal expert, and I appreciate your input, but do you think it would be better if I didn't mention my wife was pregnant and said I was just coming to visit her?
Another question, would it help if my wife were to write a letter to the immigration officer in the airport saying she takes full responsibility for my presence? I could have that letter with me when I go to the embassy or when I arrive in the airport in LA?

Would appreciate your response

[illumiinati]

Hi

With your mentioned financial status. I dont imagine any issue for a straight forward B1/B2. You may mention it as a family visit & tourism purpose. As you said you have sufficient financial backup. Present those documents & say you are taking some time off to be with your wife. And you should get it.

However give a thought of speaking to a legal expert once. Just my opinion.

ILLUMINATI

[amjammal]

With your mentioned financial status. I dont imagine any issue for a straight forward B1/B2. You may mention it as a family visit & tourism purpose. As you said you have sufficient financial backup. Present those documents & say you are taking some time off to be with your wife. And you should get it.

However give a thought of speaking to a legal expert once. Just my opinion.

ILLUMINATI

Thanks Bro, I appreciate your help.