Married to US citizen, can I visit US?

[T and M 1]

same with my Colombian wife, but you have to remember, Colombia is not Eastern Europe lol. The OP will probably have no problem with getting a tourist visa, whereas we have to face the fact that our wives will probably never get a tourist visa. Sad but true.

Maybe you're right. Maybe she'll have no problem. Perhaps this depends on the Eastern European country. But again, the fact that she doesn't live in her home country demonstrates an intent to at least leave her home country. Who knows how a US consular officer in Western Europe will interpret this, but Western European countries are not known for their liberal attitudes toward Eastern Europeans.

[Brother Hesekiel 2,236]

I feel this is a straight forward case.

You apply for a B2, and show them that you live in Europe, your husband lives in Europe, your house is in Europe, your job is in Europe, and your friends are in Europe. All you want to do is a vacation for a few weeks.

Either that's enough or it isn't. Nothing more you can do.

[Marisol73 0]

I feel this is a straight forward case.

You apply for a B2, and show them that you live in Europe, your husband lives in Europe, your house is in Europe, your job is in Europe, and your friends are in Europe. All you want to do is a vacation for a few weeks.

Either that's enough or it isn't. Nothing more you can do.

Well.. I hope in Europe think like that. In Mexico sure not !.. I live in Mexico (I'm the US citizen), I have a business in Mexico, my daughther and son attend mexican schools, I have a house in Mexico, All my family and my husband's family are in Mexico, all our friends too. And they denied the tourist visa to my husband just because I am american citizen.

[T and M 1]

Well.. I hope in Europe think like that. In Mexico sure not !.. I live in Mexico (I'm the US citizen), I have a business in Mexico, my daughther and son attend mexican schools, I have a house in Mexico, All my family and my husband's family are in Mexico, all our friends too. And they denied the tourist visa to my husband just because I am american citizen.

Exactly. Getting a tourist visa to the US is never a straight up case. If you fail once, you can try again, and again, and again. You might want to find a lawyer (no kidding), as he/she should help you identify the best way to fill out the application to maximize your chances of getting a visa.

Another idea would be to get your Congressman or Senator involved. They can write recommendation letters vouching that you are an honest person, etc, etc. This is not supposed to have any weight on the process, but it's worth a shot. Affidavits from people are also good, and you might want to explain that you need to visit for a specific purpose, ie, a wedding or baptism or something like that. Any way to pressure the consular officers to not just "deny" without even considering your case fully. Most people who go in for tourist visas are shocked by the dismissive way rejections are handled. You go in, deposit your documents, answer a few questions, pay $135. Then you go home. Then you get a letter stating your application for a tourist visa was denied. That's it.

I've never known the spouse of a US citizen to get a tourist visa easily. It might happen on the first go, but it is likely to be a long, hard road. Much harder than getting an I-130 immigrant visa, actually.

But as some have pointed out, this differs from country to country. My wife is Latin American, hence the especially bad treatment. She and most people she knows have had many a trip abroad ruined by barriers to US tourist visas. Even flying to Europe is a huge pain in the rear, as one needs a visa just to fly through Miami. Everyone I know - except one - has had to try multiple times before getting lucky. That was my father-in-law, who I guess the US embassy considered too old too work. So surely he wouldn't give up his Bolivian pension, blah, blah, blah. Good luck with your application! Just remember, as soon as you apply for a US tourist visa you are a suspected illegal immigrant. You have to prove yourself innocent of this. It is possible, so think positive, but be prepared.

[Brother Hesekiel 2,236]

Well.. I hope in Europe think like that. In Mexico sure not !.. I live in Mexico (I'm the US citizen), I have a business in Mexico, my daughther and son attend mexican schools, I have a house in Mexico, All my family and my husband's family are in Mexico, all our friends too. And they denied the tourist visa to my husband just because I am american citizen.

My response was to the O.P. who lives in Europe.

If you live in Mexico, the #1 country that is in the spotlight for the overwhelming amount of illegal immigration to the US, or in Nigeria, the #1 country in the World when it comes to fraud, or in any country where life is a living hell and anybody would chew off a limb in order to get the the US, the rules are obviously different.

Please, if you highjack a thread, don't twist things around and then say it's not working for your case. Obviously it makes a difference from what country a tourist comes when applying for a visitor's visa. Paris is quite different from Tijuana, and so is London and Stockholm.

[T and M 1]

My response was to the O.P. who lives in Europe.

If you live in Mexico, the #1 country that is in the spotlight for the overwhelming amount of illegal immigration to the US, or in Nigeria, the #1 country in the World when it comes to fraud, or in any country where life is a living hell and anybody would chew off a limb in order to get the the US, the rules are obviously different.

Please, if you highjack a thread, don't twist things around and then say it's not working for your case. Obviously it makes a difference from what country a tourist comes when applying for a visitor's visa. Paris is quite different from Tijuana, and so is London and Stockholm.

Perhaps my post was a bit overly pessimistic, but...

...the OP is from Eastern Europe, not Paris or London or Stockholm. The difference is huge. Eastern Europe is the major source of illegal immigrants in Western Europe. If you go to London or Paris or Stockholm, you'll see this. You might also try to see the movie, Dirty Pretty Things, about illegal Eastern European immigrants in London.

So it doesn't make much difference that the OP is living in Western Europe. If anything, that just provides further evidence that she has fewer ties to her passport-bearing country in Eastern Europe. On the other hand, if she is working there and making a decent wage, it might demonstrate a non-intention to immigrate to the US.

It's not about thread-hijacking. It's about being honest about what the process of getting a tourist visa is like for a person from a non-Visa Waiver country, which is the only passport the OP has to show US authorities when she goes to the US embassy to apply.

I might also add that life is not a living hell in Mexico or Nigeria. Low wages aren't pleasant, but they don't make for a living hell.

[polyanna 0]

Hi, all,

Thank you very much for your responses and details about your own experiences. I have been really busy with work, so I have not had a chance to look further into the tourist visa. I am from a Eastern European country and both my husband and I have very well-paid jobs. My immediate family all live in the US (that's how I met my husband) and since my husband is American, I could see this posing a problem when it comes to applying for a non-immigrant visa. I will apply for a tourist visa in the next few weeks and if denied, I will probably go through the immigration process when my husband decides to relocate to the US. That might be a few years from now.

[polyanna 0]

Perhaps my post was a bit overly pessimistic, but...

...the OP is from Eastern Europe, not Paris or London or Stockholm. The difference is huge. Eastern Europe is the major source of illegal immigrants in Western Europe. If you go to London or Paris or Stockholm, you'll see this. You might also try to see the movie, Dirty Pretty Things, about illegal Eastern European immigrants in London.

You are right about lots of Eastern Europeans living illegally in countries in Western Europe. My country is part of the European Union, so we can work and travel freely in any EU country. We are not, however, part of the Visa Waiver Program yet.

[MattCali 0]

The silly thing is that we're all eligible to file DCF, so staying illegally would be stupid when we could have a legal visa in 2 or 3 months. It should be a cut and dry case when you're able to show any ties at all and the fact that an immigrant visa is easy to acquire. We shouldn't be forced to live in the U.S. if we just want our spouses to be able to visit our families with us.

[T and M 1]

The silly thing is that we're all eligible to file DCF, so staying illegally would be stupid when we could have a legal visa in 2 or 3 months. It should be a cut and dry case when you're able to show any ties at all and the fact that an immigrant visa is easy to acquire. We shouldn't be forced to live in the U.S. if we just want our spouses to be able to visit our families with us.

Exactly. Well, good luck Polyanna! I think the size of your paycheck will make a big difference here. You definitely want to take along a few paystubs, and your account balances. Like I say, think positive.

By the way, the fact that your country has joined the EU will also help, even if it is not yet a VW country yet. I think you have a lot of things working in your favor.

[Darnell 8,479]

Also the tourist visa for my child was denied. They said we should do the Permanent Residence process. I asked them If I just want to go shopping with my husband and child I have to get for them "residence"?? it sounds crazy !.. but they said that yes... they will not issue a tourist visa to them. It was frustrating !

Oh I hate to thread hijaak, even hate, more, to respond to a thread hijaak -

but.

IF you have USA residency requirements for 5 years , the child might automatically qualify to have 'Consulate Record of Birth Abroad', resulting in DOCUMENTED US Citizenship and a US Passport. Check the US Embassy website for Ciudad (sp?) de Juarez, see if you qualify.

[Marisol73 0]

Oh I hate to thread hijaak, even hate, more, to respond to a thread hijaak -

but.

IF you have USA residency requirements for 5 years , the child might automatically qualify to have 'Consulate Record of Birth Abroad', resulting in DOCUMENTED US Citizenship and a US Passport. Check the US Embassy website for Ciudad (sp?) de Juarez, see if you qualify.

Darnell:

I did try to do a CRBA for my baby. But we did not qualify to do so because I dont have the continuos physical presence period requirement in USA. They said my only option will be the Permanent Residence for him and once un USA he will become american citizen (i am attaching the letter they gave me)

Thanks

[Marisol73 0]

Darnell:

I did try to do a CRBA for my baby. But we did not qualify to do so because I dont have the continuos physical presence period requirement in USA. They said my only option will be the Permanent Residence for him and once un USA he will become american citizen (i am attaching the letter they gave me)

Thanks

I couldnt attach the letter but it says:

-

"Section 309 © of the Immigration and Nationality states, in part, that a child born outside the United States of one US Citizen single mother and one alien parent aquires US Citizenship at birth if citizen parent was physically present in United States of its outlying possessions prior to the birth of the child, for a continuous period of 12 months"

And I always came to Mexico at least one week per year. So I did not have a continuos period of 12 months.

[LT.Nora 7]

You are right about lots of Eastern Europeans living illegally in countries in Western Europe. My country is part of the European Union, so we can work and travel freely in any EU country. We are not, however, part of the Visa Waiver Program yet.

Polyanna, it would help greatly if you just told us what country are you from, as East Europe is quite big...

[sachinky 465]

It can be done but it is quite difficult.

Tourist visas are always a ####### shoot. 50/50 chance of getting one.

You will need SIGNIFICANT and OVERWHELMING ties to your home country in order to convince the CO that you will not overstay your welcome in the U.S. To secure a tourist visa you need to demonstrate "non-immigrant intent." When you're married to a USC, you're automatically deemed to have "immigrant intent." One can't possess dual intent.

This is how the Calcutta U.S. Consulate-General explained it to me when I called to ask them if I could apply for another B-2 to visit my husband while we were waiting for our CR-1 to be processed.

However, if your husband stays back in Eastern Europe, you might have a better shot.

Nothing ventured, nothing gained.