Advice needed

[wallyade 0]

I am a US citizen living and working in Cameroon and have been dating a woman in Nigeria. We intend on getting married as soon as possible however we don't intend on relocating to the US anytime soon as I contracted to remain in Africa (work) for another few years. What are our options? Currently, she is heading to the Consulate in Lagos to apply for a tourist visa. I will be coming to the US for 2 weeks in September and will like her to come with me. She indicated in her application that she will be accompanying her boyfriend on holidays. Another question, would it be easier just to wait till we are married and then just apply for a tourist visa since she is married to a US citizen? I am worried that filling the fiance visa will require her to stay in the US and I am not returning anytime soon. Please help by providing viable options. Thank you.

[Penguin_ie 5,996]

A tourist visa is the way to go. Since she already indicated she has a US boyfriend, it would be good to show your ties to abroad too, ie that you and her don't plan to immigrate to the US anytime soon- a copy of your contract should do.

[wallyade 0]

Thank you for your response. Looking at your visa journey, I have an additional question. If we decide to get married and I am employed in Nigeria (by an American Company), is it still possible to file for her and still have her remain in Nigeria with me? Sorry, I am new at this hence the rethorical questions.

[Penguin_ie 5,996]

I assume you mean can you file for a US spousal visa while you both live abroad? If so, yes, BUT

DCF- the process whereby a spousal visa is petitioned for directly with the embassy after having lived in a country legally for 6 months, not via the USA is really fast, but is being severely restricted as of tomorrow- only countries that have a USCIS office can handle these cases, and Nigeria is not on the list, neither is Cameroon. But several other African countries are, should you be stationed there: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

The main issue is the financial support you'd need to prove- you'd need to move to the USA at the same time as your wife, and prove your job will continue in the USA, or sponsor her via assets (3 times as much as income), or get a US based co-sponsor.

[NigeriaorBust 4,087]

Nigerians are extremely unlikely to get tourist visas to the US for ANY reason. The success rate runs about 10% so I wouldn't buy any tickets until you know the outcome of the interview. For our conventions we invite guest speakers who are doctors, lawyers or who hold polical offices and 90% are refused visas. These people have huge ties to Nigeria and are refused because of the fear that they will overstay.

[wallyade 0]

One other question, if granted a green card via a marriage visa, how long can she spend outside the US at a time. The form indicates a conditional residence permit will be granted to the applicant in the first 2 years. Is it okay if the applicant returns to the US every 90 days for a 2 week period and then head back out again? My worry is that my wife to be might be stuck in the US while I am working abroad.

Meanwhile, thank you both for your responses.

[LIFE'SJOURNEY 970]

One other question, if granted a green card via a marriage visa, how long can she spend outside the US at a time. The form indicates a conditional residence permit will be granted to the applicant in the first 2 years. Is it okay if the applicant returns to the US every 90 days for a 2 week period and then head back out again? My worry is that my wife to be might be stuck in the US while I am working abroad.

Meanwhile, thank you both for your responses.

There is some confusion in the questions and answers.

First, if you do not plan to return back to live in the US any time soon, do not attempt to get a immigrate visa or green card for your future wife.

Second, having your wife to live with you in another part of Africa has nothing to do with the US visa process.

Third, if you wish for your future wife to wife the US, then file for a non-immigrate visa , i.e. visitor visa and take your chance at receiving one.

Fourth, if you'll should try to go the immigrate route, knowing that you'll do not plan to live in the US permanently no time soon, then be prepare to have obstacles in your way.

To maintain a GR, the LPR must be living in the US, or main a residence in the US. They must file taxes every year in the US. If they have the need to be living outside of the US, then they obtain a travel document from the USCIS. But, you'll will still be required to file taxes every year.

The safes bet for your situation is not to obtain the GC until you'll are ready to live in the US permanently.