U.S. Citizen married to Ecuadorian- wants to visit the U.S. for Xmas

[jessyfrank 0]

I have read forum topics until my eyes hurt but I cannot find anyone in a similar situation. I met my now-husband on a service trip in November of 2006 and was travelling back and forth from the U.S. to Ecuador for a year until I decided to get a TEFL certificate, found a job in Quito, and moved to Ecuador to be with my then-fiance. We have lived together for over 7 months and after being engaged for over a year we got married in a civil ceremony in Quito last Thursday (10/09/08).

Before I moved here, Fred* and I had agreed to live in his country for at least 2 years...and I am happy and willing to do that...but I want to be able to visit my family and friends on occasion in the States. We started the process of filing for a tourist visa for him about 3 months ago (before we got married). The entire process went by very quickly...including the interview (which lasted for 3 minutes after 3 hours of waiting). We had considered not revealing our engagement out of fear of rejection but decided that honesty was the only option. They then informed him that he would never be permitted to enter the US with this type of visa because he was engaged to a U.S. citizen but would not explain any further about alternative options. So we lost $180 just like that (an amount which is sizeable in a 3rd world country). The Embassy refused to read the letter of support that was written by my father and did not even look at his other documents. My dad later tried to confront our congressman...who told him that we should just get married and try again.

Since then, Fred* has gotten a new job and I have plans to renew my contract with the institute I currently work for...neither of us has plans to relocate in the near future. Fred's* family is here, we have a great apartment, and even a cat together...but none of this seems to be evidence enough that we want to stay in Ecuador. So now we are attempting Direct Consular Filing...which will cost another sizeable sum...not to mention hours of preparation, legal document preparation, and time off from work to fit into the Embassy's appointment scheduling. Here is the thing that makes us different...I DON'T WANT TO MOVE BACK TO THE UNITED STATES YET!!! And neither does my husband. We just want to go home for the holidays...and I am not even sure if I am going about this in the correct way. If we DO get approved...we might not be able to return to Ecuador (to our apartment/our belongings/our jobs)...and if we DON'T get approved...then I will have to go home without my husband...and my grandparents and niece and nephew won't meet him for at least another year.

Again...if it IS approved and we attempt to come home before adjusting his status...will that ruin his chances of immigrating in a few years? Will we be able to go back and forth between countries on occasion without needing ANOTHER type of visa? I am so confused and I wish that there was some basic instruction that was without the legal jargon so that I could understand what I am supposed to do with my money and my life. Can anyone help me? Does anyone have any experience like this?

So confused and almost broke thanks to the U.S. government,

Jessilea

[YuAndDan 153]

This is very common, if the counselor officer even suspects immigrations intent on a NON-Immigrant visa other than one that allows immigrations like (K-Visa) they will deny the visa, happens all the time with persons from countries like China, and The Philippians.

Even if a visa is issued, the officer at the US POE can deny entry to the USA if they suspect the "visitor" wont leave the USA.

Very strong ties to home country and evidence that he will NOT overstay the visitor's visa is needed, in his case he is married to a US citizen which indicates the opposite, STRONG ties, to the USA.

[payxibka 10,047]

Very strong ties to home country and evidence that he will NOT overstay the visitor's visa is needed, in his case he is married to a US citizen which indicates the opposite, STRONG ties, to the USA.

Not necessarily in this case... considering the USC is domiciled in Ecuador.....

[Mononoke28 135]

If your intentions are not to stay in the US permanently, then do not file for DCF as this will most likely give your husband an immigrant visa. With this visa he will have to live in the US and not stay away from more than 6 months at a time, so again if this is not your plan, do not file for it.

I think the only option you have is make another appointment for a tourist visa and try to talk with the CO conducting his interview. Bring as much evidence as you can with you just in case they want to take a look at it. Things such as a lease contract, employment letters, etc. that will prove your intentions are not to stay in the US but continue to live and work in Ecuador. This of course is a gamble and another $180, but I'm afraid that's the only option you have if you do not wish to stay living in the US.

Diana

[TBoneTX 46,158]

We started the process of filing for a tourist visa for him about 3 months ago (before we got married). The entire process went by very quickly...including the interview (which lasted for 3 minutes after 3 hours of waiting).

This is common in Ecuador.

The Embassy refused to read the letter of support that was written by my father and did not even look at his other documents.

This is also quite common in Ecuador.

none of this seems to be evidence enough that we want to stay in Ecuador.

Don't be surprised by this. The COs' minds are made up ahead of time.

So now we are attempting Direct Consular Filing...which will cost another sizeable sum...not to mention hours of preparation, legal document preparation, and time off from work to fit into the Embassy's appointment scheduling.

You say "Embassy" -- have you been dealing with the Quito embassy or the Guayaquil consulate? I wasn't aware that Quito handled family-based visas, or that DCF was allowed, but I could be wrong, certainly about the latter.

Here is the thing that makes us different...I DON'T WANT TO MOVE BACK TO THE UNITED STATES YET!!! And neither does my husband. We just want to go home for the holidays...and I am not even sure if I am going about this in the correct way.

The default (knee-jerk) reaction in Ecuador is either to deny (and rudely so) or to hassle and harass applicants for such a long time and with such consistency that most applicants will simply abandon all hope and efforts.

If we DO get approved...we might not be able to return to Ecuador (to our apartment/our belongings/our jobs)

Why do you say this?

Can anyone help me?

This case sounds complex, and you're understandably at the end of your rope. Rather than rely on conjecture from people here (some of whose advice will sound good but won't be sound), spring for an e-mail consultation with a good attorney. I fervently recommend Tindall & Foster (http://www.tindallfoster.com), the largest immigration law firm in Houston. Request Mark Cross (who has experience as a vice-consul in the Venezuelan U.S. embassy) and/or J.J. Slater. I have worked with both of them, and they have provided far, far more than the consultation fee entitled me to. They are greatly and very freshly familiar with the consular monkeyshines in Ecuador. Rather than throw your money down the black consular hole at $180 per shot, invest less than that here -- you'll not only get solid answers, but also peace of mind. That alone is worth its weight in gold when dealing with these rogue consulates.

[TBoneTX 46,158]

(I wasn't able to edit the preceding message.) The end of the last paragraph can now be read thus:

The only -- and I mean the ONLY -- next step for you is to IMMEDIATELY quit beating your head against the wall with these rogue consulates and get a plan of action from people who can truly help you. Take it from one who was burned seriously but was brought back to survival by these exact attorneys. Good luck, Dear, and keep in close touch with us.