NON-IMMIGRANT K3 - NON - Immigrant B.S.!!

[peterlavilla 1]

Why do they call it a NON Immigrant Visa when the applicant is required to immagrate to the US? I am a US citizen ex patriot living and working with my girlfriend in Poland. We have been together for 14 years now. I want to marry her and live IN POLAND - we DO NOT want to live in America, but my family is in the US and we want to visit from time to time. When we apply for a tourist visa, they will NOT give it to her because she is in a relationship with an American and they presume that she will marry and immigrate - I looked at the K-3 Spousal Visa thinking it was for US citizens who marry and live abroad and want to visit the US with their foreign spouses - But it requires the same steps as a K1 Fiance Visa - an affidavit of support filed by petitioner - I can NOT file an affidavit of support because I do not earn an income in the US - I do not live in the US anymore, and I earn very little money in Poland.

It seems they have created an impossible situation for US citizens who choose to marry and live abroad with foreign spouse to return and visit the US to see family - They will not give a tourist visa to her because we are together and I am American, and they provide no real NON Immigrant alternative visa.

What do I do now?

[Penguin_ie 5,993]

The K3 is a non-immigrant visa because you need to adjust status after entry. But no, it does not suit your purpose.

Has she actually applied for a tourist visa? If so, what ties to Poland has she shown for herself AND YOU? Ie reaosons you two will return to Poland after vacation?

[N-o-l-a 7,167]

I'd be angry at all the couples who adjust status in the US with pre-conceived intent, they are the reason that you are having trouble visiting.

I know I have European relatives that were never able to visit America until such time that they had a US spouse petition for their actual immigration. It is just the way the cookie crumbles sometimes.

[Ning 619]

Why do they call it a NON Immigrant Visa when the applicant is required to immagrate to the US? I am a US citizen ex patriot living and working with my girlfriend in Poland. We have been together for 14 years now. I want to marry her and live IN POLAND - we DO NOT want to live in America, but my family is in the US and we want to visit from time to time. When we apply for a tourist visa, they will NOT give it to her because she is in a relationship with an American and they presume that she will marry and immigrate - I looked at the K-3 Spousal Visa thinking it was for US citizens who marry and live abroad and want to visit the US with their foreign spouses - But it requires the same steps as a K1 Fiance Visa - an affidavit of support filed by petitioner - I can NOT file an affidavit of support because I do not earn an income in the US - I do not live in the US anymore, and I earn very little money in Poland.

It seems they have created an impossible situation for US citizens who choose to marry and live abroad with foreign spouse to return and visit the US to see family - They will not give a tourist visa to her because we are together and I am American, and they provide no real NON Immigrant alternative visa.

What do I do now?

All people that have any type of visa are considered intending immigrants by USCIS.

It seems to me that you created your own situation when you decided to live abroad and to marry. Did you need a visa to do so? When you did those things I doubt you knew you would find yourself in this situation.

What might work is attempting to make the fact known that you, as her husband live in Poland legally. Also your lack of a job in the USA or any other tie to the USA outside of your citizenship. I doubt they see many cases where the USC has been a legal resident of another country for 14 years. Submit proof of that in anyway you can.

She should or you should reduce this info to writing for submission with the tourist visa app. There will be little time for her to discuss at the window in the embassy. If she gets that far she should have a copy with her.

[N-o-l-a 7,167]

I would be careful, though, if large steps are made to prove your permanence in Poland that if you decide to immigrate back to America later on that larger steps will need to be taken to show intent to re-establish domicile in America.

[peterlavilla 1]

The K3 is a non-immigrant visa because you need to adjust status after entry. But no, it does not suit your purpose.

Has she actually applied for a tourist visa? If so, what ties to Poland has she shown for herself AND YOU? Ie reaosons you two will return to Poland after vacation?

Thanks Penguin - Yes, she applied for the tourist visa last summer and was prepared with bank account statements, employment contracts, and her ongoing studies for a masters degree in Poland, and well over $500,000 in property and assets that tie her to Poland - the consultae officer wouldn't even LOOK at anything she had and rejected her on 214b (the umbrella denial) and told her that because she was in an ongoing long term relationship with a US citizen she should apply for a K1 or K3 visa - in spite of the apparent fact that I now live with her in Poland - They don't look at anything that validates my stay in poland, because the US cuntsulate won't hear anything from a US citizen arguing on the behalf of a visa applicant - and she can only show her own documents - which they refused to even look at. She went to the consulate in Krakow, and then tried in Warsaw hoping for a reasonable Consular Officer, to no vail, because of course they will not contradict each other.

I'm thoroughly disgusted at this presumption that every one wants to immigrate to the US, even after showing that both parties (US citizen and visa applicant) ae established and intend to live in a foreign country.

It's a bit of a stalemate

[peterlavilla 1]

I still don't see why they call ithe K3 a "NON -Immigrant" visa when you adjust your status for a green card (immigrate) after getting it - the US government has no provision for it's citizens who choose to live and marry abroad but need to VISIT the US with their foreign spouses - the will NOT give tourist visas to applicants married to US citizens abroad because they say there is a clear intent to marry in the US and adjust status - bit of a paradox.

[Ning 619]

I'd be angry at all the couples who adjust status in the US with pre-conceived intent, they are the reason that you are having trouble visiting.

I know I have European relatives that were never able to visit America until such time that they had a US spouse petition for their actual immigration. It is just the way the cookie crumbles sometimes.

Why be angry with them? Isnt it USCIS that has a legal process for them to follow that actually leads to citizenship? The real problem is trying to identify intent upon entry or closing the loophole.

[peterlavilla 1]

I would be careful, though, if large steps are made to prove your permanence in Poland that if you decide to immigrate back to America later on that larger steps will need to be taken to show intent to re-establish domicile in America.

I think you misunderstood - I was born and bred in America - I am a US citizen - my ancestors go back many generations - I am not relinquishing my citizenship or passport, I am living legally in Poland and I want to marry my girlfriend (togethr now for 13 years) in Poland - I simply want to travel freely with her to visit family in the US, but they will not give her a tourist visa because they presume she will immigrate - there is no NON Immigrant Spousal Visa - I can't get a visa that says she is my wife, IN POLAND, and that I live, IN POLAND, and that we olnly want to visit the US

[N-o-l-a 7,167]

I think you misunderstood - I was born and bred in America - I am a US citizen - my ancestors go back many generations - I am not relinquishing my citizenship or passport, I am living legally in Poland and I want to marry my girlfriend (togethr now for 13 years) in Poland - I simply want to travel freely with her to visit family in the US, but they will not give her a tourist visa because they presume she will immigrate - there is no NON Immigrant Spousal Visa - I can't get a visa that says she is my wife, IN POLAND, and that I live, IN POLAND, and that we olnly want to visit the US

No, I did not misunderstand. If you go through a lot of effort to prove how committed the two of you are to staying in Poland, you will at some later juncture IF you decided to immigrate to America have to go through a lot of effort to prove that your domicile is in America. Citizenship aside, a CR1 visa with you residing abroad would require proof that you actually intend to have domicile in America. This is no joke and people in some countries have been denied for failure to prove this.

My husband, who was my boyfriend at the time, had no trouble visiting America, but I would assume that if you two continue to reside in Poland and the ties are proven to be strong for both of you that you should get a tourist visa. Is it possible she told the CO that she wanted to marry you or that she'd like to live in America? Were you there for the interview?

[Neonred 3,553]

Why do they call it a NON Immigrant Visa when the applicant is required to immagrate to the US?

Must be a Polish thing. The embassy in Moscow considers all K visas as immigrant visas.

[peterlavilla 1]

No, I did not misunderstand. If you go through a lot of effort to prove how committed the two of you are to staying in Poland, you will at some later juncture IF you decided to immigrate to America have to go through a lot of effort to prove that your domicile is in America. Citizenship aside, a CR1 visa with you residing abroad would require proof that you actually intend to have domicile in America. This is no joke and people in some countries have been denied for failure to prove this.

My husband, who was my boyfriend at the time, had no trouble visiting America, but I would assume that if you two continue to reside in Poland and the ties are proven to be strong for both of you that you should get a tourist visa. Is it possible she told the CO that she wanted to marry you or that she'd like to live in America? Were you there for the interview?

Sorry N-o-l-a, now I see what you were saying - but my entire point is that we do not want to immigrate to the US - we never will - I know it's hard for some people to get their head around, but I am a US citizen who wants to live in Poland - I want marry my girlfriend whom I've been with for 14 years in Poland, and simply travel to visit my mother with her maybe once a year for 2-3 months (a summer) -

When she had the interview with the CO she made it very clear that she had NO intention of immigrating or marrying in the US - she presented all ties to Poland, and the CO insisted that if she is in a realtionship with a US citizen than she MUST apply for a Fiance or Spousal visa -

I was not allowed to be present during the interview, and as I understand it, no US citizen is allowed to be present during a Tourist Visa applicant interview - they will not allow any intervention by a US citizen on the behalf of the applicant

[*Snowdrop* 604]

Are you married now?

Perhaps try once more - say six months or so after your marriage and again bring in all the documents to show that you both have committed lives in Poland and no intention of immigrating.

Do you mail in the tourist visa application? Or is it online? If you mail it in then perhaps include a cover letter stating your intention to live in Poland together, that you just want to visit family, and that you have absolutely no intention of immigrating. Perhaps an affidavit from you included.

It seems with many visas that the decision is almost made before you get to the interview so they often don't take additional documents (which is very frustrating for everyone in this position) so perhaps get the information about your personal situation in front of the officer who reviews your file before the interview.

Your other lengthy. expensive and drastic option would be to apply for the spousal visa, get the green card, move to the US for three years, your wife gets her citizenship and then you move back to Poland.

[VickyP 34]

Huh? Why should they apply for a greencard if they don't want to live in the US? Why should she apply for citizenship?

That hole thing doesn't make any sense!

Does that mean that if a US citizen wants to stay in a foreign country and his wife or future wife is from that country they are out of luck and will never be able to visit the US?

So wait:

My husband and I are planing on going back to Germany maybe in 3-4 years! Will not need my greencard anymore! That means that they will never let me back into the country because I am married to an US citizen and they think I would love to stay there? LMAO that stuff is to funny!

[*Snowdrop* 604]

Huh? Why should they apply for a greencard if they don't want to live in the US? Why should she apply for citizenship?

That hole thing doesn't make any sense!

Does that mean that if a US citizen wants to stay in a foreign country and his wife or future wife is from that country they are ###### out of luck and will never be able to visit the US?

So wait:

My husband and I are planing on going back to Germany maybe in 3-4 years! Will not need my greencard anymore! That means that they will never let me back into the country because I am married to an US citizen and they think I would love to stay there? LMAO that stuff is to funny!

Well you will most likely be able to use the VWP again if you decide to move back to Germany and abandon your green card.

Some non-VWP countries where it's really difficult to get a tourist visa certainly have this problem.