West Africa Vistor Visa USA

[attaya_girl 1]

ohhhhh. ok. that makes sense. good luck, mrs. jayb-- on getting the visitor visa and on planning your wedding!

[mrs.jayb 0]

So then if that is the case, we have two options.

Marry in his home country and wait awhile to go and have a ceremony in the States OR wait for a visitor's visa to marry in the States and return to WA together?

[pushbrk 13,166]

Yes, her coming here with the intent to marry could cause a problem in being granted the tourist visa

Yes, because they assume the existence of the "intent to remain"

Yes, but only if you state such an intention. The visitor visa option is an extreme long shot at best anyway.

[pushbrk 13,166]

You can get married and go back home when the tourist visa expires. The OP could then apply for a DCF or CR-1 when they want to come back

For Clarity, CR1 is a visa category, while DCF is a method of filing for either a CR1 or IR1 visa. The term DCF is not used by Consulates or outside discussion groups like this one. The known term elsewhere is simply "Direct Consular Filing".

[attaya_girl 1]

So then if that is the case, we have two options.

Marry in his home country and wait awhile to go and have a ceremony in the States OR wait for a visitor's visa to marry in the States and return to WA together?

Yeah--those are your two options (if the visitor visa works). If not, you should look into a direct consular file (after you marry and life in WA for a bit). I don't know all the ins and outs of that process, but if I'd known about the DCF option, i never would have left Senegal to pursue the K-1. I would have stayed with Lamine and married in Senegal. If you do the DCF, you can always have a second ceremony later w/your family in California.

[payxibka 10,047]

Yes, her coming here with the intent to marry could cause a problem in being granted the tourist visa

Yes, because they assume the existence of the "intent to remain"

Yes, but only if you state such an intention. The visitor visa option is an extreme long shot at best anyway.

no, you do not need to state such an intention... all applicants are presumed to have it...

Section 214(B) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

Edited June 5, 2009 by payxibka

[mrs.jayb 0]

so attaya girl,

why don't you come back to Senegal? Is it difficult to get a visa when you are in the States?

ok!

so on a basic range how long would you have to be married to file with DCF thing... in WA of course. Just wondering what the timing is on those.

[attaya_girl 1]

so attaya girl,

why don't you come back to Senegal? Is it difficult to get a visa when you are in the States?

ok!

so on a basic range how long would you have to be married to file with DCF thing... in WA of course. Just wondering what the timing is on those.

for the moment-financial reasons. maybe we'll move back later. i have a good job here right now and he'll have more opportunities for further education, etc.

[payxibka 10,047]

so attaya girl,

why don't you come back to Senegal? Is it difficult to get a visa when you are in the States?

ok!

so on a basic range how long would you have to be married to file with DCF thing... in WA of course. Just wondering what the timing is on those.

you can be married just a few days but the USC needs to have legal presence (typically more than just tourist status) for 6 mos. or more

[mrs.jayb 0]

ok,

so to get this straight... hypothetically speaking of course....

we could get married in WA (i'm saying west africa for job moving purposes) and when I am in the country for longer then 6 months we can apply for the CR-1 and go through that process when were are living together in WA? Is that it?

[payxibka 10,047]

ok,

so to get this straight... hypothetically speaking of course....

we could get married in WA (i'm saying west africa for job moving purposes) and when I am in the country for longer then 6 months we can apply for the CR-1 and go through that process when were are living together in WA? Is that it?

yup... another issue is not every consulate accepts locally filed I-130's... so once you determine what country you will be a resident of, then you need to check if the US consulate accepts this filing method.

[YuAndDan 153]

Moving this to "General Immigration Related Discussion" since we are talking about visiting the USA as a visitor, not on a fiancee (K-1) visa and perhaps in the future getting a spousal visa.

[pushbrk 13,166]

Yes, her coming here with the intent to marry could cause a problem in being granted the tourist visa

Yes, because they assume the existence of the "intent to remain"

Yes, but only if you state such an intention. The visitor visa option is an extreme long shot at best anyway.

no, you do not need to state such an intention... all applicants are presumed to have it...

Section 214(B) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

True but the question was about the intent to marry (and return) and its impact, so the intent to marry does not become a consideration unless mentioned. If mentioned it testifies against the applicant who, as you say, is fighting a guilty until proven innocent battle to begin with.

[KDOR 1]

Well all applicant for visiting and even tourist visa are considered as having immigrant intent and its very difficult to get a visa on that status. My husband is from Nigeria and he was refused/denied.

However if your spouse can prove that she got a better job like the others has said or that she has a building, a child and anything to be considered as a strong ties to her home country. My hubby was told that he was married to a USC and has a very strong ties with US and yours will likely be view the same way whenever your spouse goes for interview. I will advice you guys consider applying for K1, K3 or CR1, although it could take awhile but that will be better....lol just the way my spouse was told at his interview.

Good luck

[KDOR 1]

And sure you guys could get married in west africa and do the DCF (direct consular filing) ONLY if u had live in Ivoria WA for 6month you can file direct to the enbassy for CR1 visa if u married because it saves time and less expensive compare to K3 fiance visa.