My wife and I were married last year here in NY. She was here from Kazakhstan on a student visa/OPT. My wife gave birth to our son three months ago here in NY and has recently returned to Kazakhstan (with our son) to visit family. Her student visa has since expired and she was here on OPT so she cannot return with out a new visa. I have been told the K3 will take minimum 5 months - 1 year. I cant accept missing out on these precious, irreplaceable moments of life with our son in the meantime. Is there any other way to get her here sooner even if only temporarily? And if we wrote a letter and convinced consulate to issue a visitor visa, is it true she could get on a flight with our son and be "turned around" at JFK by CBP officer?
I presume you are a USC and you have filed the I-130 petition which has been pending for sometime. Then my advice is wait for the adjudication of the IV. It will be the soonest. However you may try B-2 visa with all your compelling explanations to the consular officer, but most probably it will be denied.
The process is slow and little can be done to make it faster. The difficulty with getting a visitor visa now is that obtaining a visitor visa requires the visitor to prove he/she will return to their own country when the period expires. Filing the family based immigrant visa and then a K-3 demonstrates an intent to remain in the US. An experienced immigration attorney may be able to help.
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