B2 Visa for wife and child of US Citizen

[shoaib_ar]

Hello Everyone,

I am a naturalized citizen of the US since 2010. For the past five years I have been living and working outside of the US and had subsequently got married outside the US. Due to certain pressing personal issues (A close relative has been diagnosed with leukemia and we would like to visit him) we would like to be in the US with in the next couple of weeks.

I have not applied for their immigration visas yet as we were not planning to move back to the US in the immediate future. Considering the short time duration remaining I would like to apply for a B2 Visitors Visa for my wife and child. I would like to clarify the following points and would appreciate any feedback that I can receive:

1. Can she apply for a visitors visa being married to a US citizen? If not, what other options do I have besides an immigration visa?

2. If yes, who would provide the sponsorship documents (Would I provide it or someone residing in the US)?

3. Our marriage certificate was issued in India and we have not had any subsequent documentation prepared in the US. would this be an issue? (She has my name listed as the spouse in her passport)


I would appreciate any feedback or any other advice on this issue.

Regards,

[rayb]

Shoaib,

1. Yes she can apply for a visitor visa, but there is a high possibility of denial.
2. Sponsorship of a B2 visa by someone in the U.S. is not a requirement.
3. Legal marriage documents in India are normally accepted in the U.S. but if in language other than English, get a professional English translation.

Since the immigration visa takes an average of 10+ months, why don't you get the spousal visa and separate child visa petitions started.

--Ray B

Hello Everyone,

I am a naturalized citizen of the US since 2010. For the past five years I have been living and working outside of the US and had subsequently got married outside the US. Due to certain pressing personal issues (A close relative has been diagnosed with leukemia and we would like to visit him) we would like to be in the US with in the next couple of weeks.

I have not applied for their immigration visas yet as we were not planning to move back to the US in the immediate future. Considering the short time duration remaining I would like to apply for a B2 Visitors Visa for my wife and child. I would like to clarify the following points and would appreciate any feedback that I can receive:

1. Can she apply for a visitors visa being married to a US citizen? If not, what other options do I have besides an immigration visa?

2. If yes, who would provide the sponsorship documents (Would I provide it or someone residing in the US)?

3. Our marriage certificate was issued in India and we have not had any subsequent documentation prepared in the US. would this be an issue? (She has my name listed as the spouse in her passport)


I would appreciate any feedback or any other advice on this issue.

Regards,

[shoaib_ar]

Rayb,

Appreciate the response. My understanding is that you cannot apply for a visitors visa once your immigration visa is applied. And as you mentioned that the immigration visa can take upto 10+ months. I would think my best option would be to try for a visitors visa before I start the immigration process. Like I mentioned, due to my circumstances I cannot wait that long.

Another thing is that my parents visitors visa application is almost done and they are planning to appear for an interview soon. Their reason for travel is the same personal issue that I mentioned earlier. Can my family appear with them as a group for the interview. My parents were GC holders till 2012. Or would it be better for them to appear separately. Thanks.

Shoaib,

1. Yes she can apply for a visitor visa, but there is a high possibility of denial.
2. Sponsorship of a B2 visa by someone in the U.S. is not a requirement.
3. Legal marriage documents in India are normally accepted in the U.S. but if in language other than English, get a professional English translation.

Since the immigration visa takes an average of 10+ months, why don't you get the spousal visa and separate child visa petitions started.

--Ray B

[rayb]

There is no strict rule that one cannot apply for a visitor visa if an immigrant petition is being processed. But approval for a visitor visa is less likely if the immigrant petition has been submitted, as "intent to immigrate" has been expressed.

Whether arrangements can be made for several family members to appear at the same time depends on which U.S. consulate is being used and how the interview dates are assigned. For Philippines, the applicant has the option of selection an available date online, or speaking to a person who assigns dates.

--Ray B

Rayb,

Appreciate the response. My understanding is that you cannot apply for a visitors visa once your immigration visa is applied. And as you mentioned that the immigration visa can take upto 10+ months. I would think my best option would be to try for a visitors visa before I start the immigration process. Like I mentioned, due to my circumstances I cannot wait that long.

Another thing is that my parents visitors visa application is almost done and they are planning to appear for an interview soon. Their reason for travel is the same personal issue that I mentioned earlier. Can my family appear with them as a group for the interview. My parents were GC holders till 2012. Or would it be better for them to appear separately. Thanks.