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I applied for the wrong visa for my wife.

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?

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.

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Attorney answers 3


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.
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 attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


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


I agree with my colleagues.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.