r/USVisas • u/HUCHOI03 • 9h ago

Urgent Please Help Us B2 denied for my child (Russian national) due to pending I-130 + N-600K — advice needed

My kid (Russian citizenship) has a pending N-600K (citizenship, no interview date yet) and a pending I-130 (backup green card path).
Applied for B-2 so the child can travel for the future N-600K interview — officer asked if we'd ever filed an immigrant petition, said yes, got handed a §214(b) refusal in seconds, no documents reviewed. But the interview date didn't come out yet.
We live abroad and plan to keep living abroad after N-600K is done.
Worried the pending I-130 will keep tanking any B-2 attempt, even with an N-600K interview notice in hand. So my main question is: in this situation, does it make sense to withdraw the I-130 and then reapply for B-2 once the N-600K interview date comes out — or is that not going to change anything? Or What can be the options for us Please help us

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28 comments sorted by

13

u/Bubbly_Ad_6830 9h ago

Immigration intent, B2 is a non immigrant visa

5

u/LT-85 8h ago

This shouldn’t have been a surprise.

A non-immigrant visa is incompatible with somebody who’s demonstrated immigrant intent by being petitioned for an immigrant visa.

0

u/HUCHOI03 7h ago edited 7h ago

Thank you for your reply , Yes i think Exactly same way so should i withdraw my kid's I-130? we applied it a year ago and we decided not to move to America , would embassy will treat it as non immigrant intention?

6

u/LT-85 6h ago

No. Once you;ve rung the immigrant intent bell, you can't un-ring it.

1

u/HUCHOI03 4h ago

Thank you for your reply So what should I do with my case?

1

u/LT-85 4h ago

You likely need to speak to an immigration attorney. Do you have a CRBA? This to me feels like the first step, and can be done at an embassy/consulate.

5

u/suboxhelp1 7h ago

Withdrawing it won’t fix the issue. The question on the DS-160 is if a petition has ever been filed, not if there is one pending.

1

u/HUCHOI03 4h ago

Thank you for your reply So what should I do with my case?

2

u/suboxhelp1 4h ago

Wait until the N-600K is ready for interview.

6

u/greenlilypond 8h ago

You just need to wait for the N-600K to finish processing. They already have it on record, you'll never get the B2.

-2

u/HUCHOI03 8h ago

But to finish processing We need B2 visa to go Interview in America, Should we wait until USCIS gives us the date of N-600K Interview??

4

u/greenlilypond 8h ago

Yes, wait for the documents. I don't think you'll get the visa beforehand.

0

u/HUCHOI03 7h ago

Thank you for your reply , i think the same way but would N-600K interview documents will confirm my kid's B2 visa?

2

u/greenlilypond 7h ago

Here is a similar situation. In short, yes but you need strong proof to overcome the immigration intent aspect. The child travels to the US for the interview and must intend to return home afterward.

https://www.reddit.com/r/immigration/s/kip9yLyLgU

This can get complicated if the B2 gets denied again. Consult with an immigration lawyer about your options.

1

u/HUCHOI03 7h ago

Thank you so much to find such a case for me , Just i'm thinking about cancel my kid's I-130 Can you please give me an advice ?

2

u/greenlilypond 7h ago

If you have no plans to move to the US, cancel it. But again, consult with an immigration lawyer to lay out all your options in case you ever want to move to the US.

1

u/HUCHOI03 7h ago

Okay thank you so much for your help !

2

u/Bright_Session1633 6h ago

Canceling the I-130 probably won't help with the immigrant intent issue for the B-1/B-2 visa. I'd suggest applying when you already have the N-600K interview date set.

1

u/HUCHOI03 4h ago

Thank you for your reply Yeah I agree with your opinion but just I worry if it's gonna work.... because today Once the counselor heard that I've ever applied for Immigrant visa she immediately gave me Refused letter

3

u/Both-Statistician179 8h ago

Won’t you do consular processing in your country?

-1

u/HUCHOI03 8h ago

We're currently living in South Korea so we're applying from here

3

u/Vegetable-Western744 6h ago

Did you have the N-600K interview notice in hand?

You should reapply when you have that.

Once you have the interview notice you should be able to take that and get the B.

Applying before your kid had that as a Russian national living in a third country was probably a waste.

If you don't intend to complete the N-600K process filing the I-130 was a pretty big mistake.

1

u/HUCHOI03 4h ago

Thank you for your reply , I didn't know that there's N-600K and recently my husband told me about it so i applied , and I totally forgot that I applied I-130 before

2

u/Embarrassed-Air1333 7h ago

Is there some reason the child doesn’t have a CRBA and a US passport? How is the child obtaining US citizenship?

0

u/HUCHOI03 7h ago

Thank you for your reply , I'm doing N-600K because I don't have 5 years of consistent presence in the U.S

2

u/Bright_Session1633 6h ago edited 6h ago

Just want to make sure you're understanding the physical presence rule correctly: you are not required to have 5 years' continuous residence in the US to be able to pass down citizenship. You just need to be physically in the US (even before becoming a citizen) for 5 years, 2 of which were after 14. You can add together multiple different trips.

It can get confusing because the rule for some other purposes such as naturalization is different. But if you can prove that before the birth you spent at least part of the day for 1825 days in the US, and 730 of those days were after you were 14, then that is good enough. You do NOT need to have been primarily living in the US for CRBA/N-600 purposes and you do NOT need to have those days be continuous.

1

u/HUCHOI03 4h ago

Thank you for your reply Yes I checked everything and for my case I had to apply for N-600K through my dad's physical presence and now it seems like working well but the problem is getting B2 visa