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Posted

my husband lives in USA and he is currently incaratered ni the prison. because he cannot find me the sponsor so the only way i can go see him is apply travel visa. i did have one but it's expired. anyway, today i went to the consulate, showed them my employment letter, bank book, house proof etc and told him my family and the kids still live in HK, but finally he still denied my application!! it means i cannot see my husband again UNTIl one day he can get me there!!

does it mean, as long as he's my husband , the consulate will never issue me a travel visa? they will always think taht i will not return to the country that i live?!

he asked me lot of questions about us, his crime, sentences, where he is locked up etc..i even gave him the pic we took inside the prison. i am realy so sad they denied my applciation!!! and i dont know what to do now. who can help me...

Filed: Citizen (apr) Country: Canada
Timeline
Posted

What country are you from?

Can you produce any other ties other than the ones you already supplied?

Why can't your husband get a sponsor? A friend? Family member?

GOod luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Posted

What country are you from?

Can you produce any other ties other than the ones you already supplied?

Why can't your husband get a sponsor? A friend? Family member?

GOod luck

\\

I live in Hong Kong. my husband friends and family don't want to help us, or cannot help us, that's why...

i cannot produce other ties now. i showed him everything...but he still denied ..it's so sad!!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

does it mean, as long as he's my husband , the consulate will never issue me a travel visa? they will always think taht i will not return to the country that i live?!

IMO, being married to a US Citizen or US green card holder is hurdle that is too high to clear when trying to overcome the presumption of immigrant intent. You can reapply but my opinion is the Consulate will not issue you a tourist visa, even with the evidence of ties you have.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Posted (edited)

IMO, being married to a US Citizen or US green card holder is hurdle that is too high to clear when trying to overcome the presumption of immigrant intent. You can reapply but my opinion is the Consulate will not issue you a tourist visa, even with the evidence of ties you have.

Thank you for your reply. Now they turned down my travel visa application. Does it effect when my husband submits I-130 ? we 're still having hard time to find sponsor. So it means I cannot go to USA until he finds me one now.?! One day when we submit I-130, will they deny it because he's a prisoner? because of his crime?

Edited by wtomatoo1030
Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Denial of the tourist visa will not affect you getting a spousal visa.

Unless he comitted certain specific crimes which preclude him from petitioning for a visa for you, his being in prison will not mean an automatic denial. From the way you write, I assume he will be in prison a long time? If so, you may have difficulty proving bonafides.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted (edited)

Thank you for your reply. Now they turned down my travel visa application. Does it effect when my husband submits I-130 ?

No, it will have no effect.

One day when we submit I-130, will they deny it because he's a prisoner? because of his crime?

It depends on the offense. USCIS will want to determine that there is no risk of harm to you, the beneficiary. Expect the file to receive scrutiny once it is filed. Furthermore, expect to be asked about it extensively in a interview in at the Consulate.

I agree with Penguin_ie; if he is incarcerated at the time of filing and/or when an interview takes place at the Consulate, you will have difficulty proving your marriage is legitimate.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Posted

No, it will have no effect.

It depends on the offense. USCIS will want to determine that there is no risk of harm to you, the beneficiary. Expect the file to receive scrutiny once it is filed. Furthermore, expect to be asked about it extensively in a interview in at the Consulate.

I agree with Penguin_ie; if he is incarcerated at the time of filing and/or when an interview takes place at the Consulate, you will have difficulty proving your marriage is legitimate.

he's committed a first degree murder and he's a lifer. i told the consular everything when i applied travel visa. we got married inside the prison, had minister and witness there. of course our marriage is real. i already know it'll be very hard, i just didn't relaize that they didn't approve my travel visa when we're not ready for I-130..

Filed: K-1 Visa Country: Wales
Timeline
Posted

I thought HK was a VWP country?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

I thought HK was a VWP country?

No, HK is not a VWP participant.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Should have checked, must have been Singapore I was thinking of.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Timeline
Posted

It is very unlikely that you will get a B2. Once your husband is released from prison, he can sponsor you for an immigrant visa. Until then, even if he were to find a co-sponsor, you would have a hard time convincing a consular officer why you would want to immigrate to the US, since you can't live with your husband anyway. Forgive me for being frank here, but your hole marriage is . . . um, a big red flag.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: K-1 Visa Country: Wales
Timeline
Posted

I have seen a person sponsored in a similar situation. There is a forum for spouses of inmates, forget the name.

But no getting round the co sponsor.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

It is very unlikely that you will get a B2. Once your husband is released from prison, he can sponsor you for an immigrant visa. Until then, even if he were to find a co-sponsor, you would have a hard time convincing a consular officer why you would want to immigrate to the US, since you can't live with your husband anyway. Forgive me for being frank here, but your hole marriage is . . . um, a big red flag.

why i would want to immigrate to the US since I cannot live with him, because he's my husband. Even we cannot live togehter when he's locked up, but at least i am there near him, can go visit him often, not like this , i am in HK that far away from him.

Being in the prison is tough, i am his wife, it makes sense i want to be there .

My marriage is not a big red flag, of course it's harder than other couples, we need to face to many problems, many obstacle, but we'll get through this together, good times or bad times... Even if he cannot get me there, I still love him that much and will not leave him.

thank you all yoru advice , i do appreciate!!!!!!

Posted

I have seen a person sponsored in a similar situation. There is a forum for spouses of inmates, forget the name.

But no getting round the co sponsor.

that

thanks for your reply....we got married inside the prison 2 years ago, but we still love each other very much. it spent almost 1 year to get maried in there, so i do have prepare that we'll face many problems, paper work , difficulties etc....

he called me last night and told me he found the sponsor. so it's a good news. but as i said, if finally he cannot get me there, i still love him that much!!

 
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