CR-1 i/o B2

[chobagui]

Hi folks,
It's been a few years since I last posted....the disappointment and humiliation of my GF's (now wife) 2nd B2 visa denial in Beijing really took the wind out of our sails.

Since that time we got married (2 yrs next month) and relocated to Ho Chi Minh City, Vietnam where I currently work.

We've been together for 6 years and still no chance for her to visit the USA and now that we're married I know that a B2 visa is out of the question. Looking for any solution I consulted an experienced American immigration lawyer in BKK who covers SE Asia. His advice was to go the CR-1 route, that she'd get the IV visa and then just use it to vist the States, then surrender the green card (since we're not actually immigrating) and that would prove non-intent to immigrate making it easier to get a B2. Such is the convoluted logic that this process brings about.

So......good advice, really bad advice, practical advice?

Has anyone here gone this route? Just wanted to visit, got an IV then didn't actually immigrate?

In case you are wondering....we've already applied....we were case complete at the NVC on Aug 14 so just waiting for an interview date which we expect to be assigned any day now (for interview in HCMC....by the way, my wife is Chinese)

What has me worried now is proof of immigration intent and domicile. The lawyer downplays this....just need an address in the states...only need to show reasonable intent to immigrate within the validity of the IV. While I am looking for employment back in the States it's not likely to happen in the next 7 months anyway. I work here in VN, don't own a home in the US (using my mother's address to receive mail, etc). I have a valid driver's license, bank account, my children from a previous marriage live there (which is my main motivation for wanting to repatriate anyway) etc....would like to bring my wife back so I can get her name on my bank account, etc. So....are we going to be denied for this? Needless to say.....a rejection this time would be devastating....my wife thinks America is already effed up as it is with this process (how come it's so damn easy for me to live in China but she can't even visit the US) and my only hope to convince her otherwise is a chance to show her how lovely the States really is. of course, the thing that makes it worse is that I try to follow the rules and she hears all the time from other Chinese how they manage to lie/finagle their way to a visa of some sort. so it's frustrating.....

anyway......would appreciate your comments and moral support.......thanks

Regards
Will

[dnoblett]

Well you say will be married 2 years next month so if interviewed after second anniversary the resulting visa will be an IR-1 not CR-1 resulting in a 10 year green card.

 

Anyway yes you will need to provide an I-864 and provided satisfory US domicile evidence for NVC so mail, state side bank, DL etc is good Domicile evidence.

 

From what you indicate should be fine getting one also an immigrant can get a SSN and a B2 cannot so having the SSN will help in adding your spouse to your bank accounts.

 

Yes I have seen someone else have to resort to getting an immigrant visa for a spouse to visit the USA

 

If proving no intent to immigrate is too difficult then bay as well get immigrant visa, use it get SSN then relinquish the green card and later try again for a visit visa.