I applied for the wrong visa for my wife.

Asked over 1 year ago - Bridgeton, MO

Following the wrong advice, I applied for a B1/B2 visa for my wife using the online DS-160 and what I should have applied for was a K3 visa as I am a US citizen. I was told to get the B1/B2 they apply for an adjustment after we are in the States, but now I found out that process can make getting the green card even more difficult. Our I-130 has been received and I am about to send out the I-129f. Do I need to cancel the B2 before I apply for the K3 or is it possible to have both? If I should cancel how do I do that, I can’t find anything on the USCIS website. Or should I just leave it alone and just cancel the B1/B2 appointment since we haven’t received it yet?

Additional information

Thank you, all!

I would get a lawyer but we are still in Japan, but I do plan to at least get a consult as soon as I get to the States in a few weeks.
I talked with the embassy visa section and canceled the B1/B2 appointment. They said since we have not been issued the B1/B2 visa yet, we could cancel the application by canceling the appointment. Now, hopefully we should be able to move forward with the K3 visa process.

Attorney answers (3)

  1. Nicklaus James Misiti

    Contributor Level 19

    7

    Lawyers agree

    Answered . It sounds like you really need to hire an attorney. It will save you a lot of time and probably some mistaken filing fees. It is not possible to advise you on exactly what need to be done to bring your wife here on a forum such as this. My firm handles these types of claims.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  2. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . I agree with my colleagues.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Philip Alan Eichorn

    Contributor Level 19

    5

    Lawyers agree

    1

    Answered . You're better off retaining counsel to fix this issue and represent you through the remainder of the process.

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