Re-entry after I-275
My niece flew from Mumbai on a b1-b2 visa to Chicago and was interviewed extensively at the airport point of entry. She was the offered a chance to withdraw her application to enter the US and an I275 was issued. The background:
1. She got her B1 visa in July 2007.
2. She got married after her B1 visa was issued.
3. Her husband has a green card from the US.
4. She flew to the US after her marriage on her B1-B2 visa.
5. On this visit she was in the US for 5 months and left in jan 2008 before her I-94 expired.
6. She was in Mumbai for 3 months (Jan-March 2008) and then flew to the US again to join her husband.
7. She was asked by the immigration officer if she was married. She said yes and her husband has a green card. And she did tell him that the B1/B2 is the only visa she has and she wanted to be with her husband for some time before he could file her papers. Till that time she did not have an intent to settle or work in USA.
8. The officer cancelled her 10 year B1/B2 and offered her to make a withdawal of her entry application. She did so because he told her that her visa is incorrect and she needs a K-3 or appropriate visa. She was given the I-275 form.
9. The officer told her that he was being kind to her and she is not barred and she can apply for the correct visa right away on returning to Mumbai.
10. She is now back in Mumbai. And the visa consultant says she cannot get a K3 - it is only for citizen's spouses. K3 cannot be applied for by green card holders' spouses - they have a five year waitlist. There is no option but to wait.
What are the options available to her for getting back to the US?
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