B2 Visa Renewal - Going For It :-O

[sctdixon 6]

My Peruvian wife has her appointment next week to "try" to renew her B2 Visa. When she obtained it last year, we were BF & GF but now we are married. I'm an USC that lives and works in Peru. She is a physician here in Lima. We have not filed the I-130 via DCF as of yet.

I have surmized from the information here on this forum that she will likely not get it renewed because she is married to a USC and therefore is a risk for not returning to Peru. My thoughts are that because I work and reside here in Peru as well as me being a Residente, that this should be sufficient (compelling evidence) to prove that she will return to where her husband lives and works.

Any thoughts?

[jojolicious 38]

Renewals I think tend to be easier than first-time applications. They will look at her travel history such as the number of times she visited, how long she stayed on each occasion, if the ties she had when she first applied still remain etc.

I think the fact that you live and work in Peru and the fact that she is gainfully employed will be in her favour.

How many times has she travelled since she's been married to you?

[sctdixon 6]

Renewals I think tend to be easier than first-time applications. They will look at her travel history such as the number of times she visited, how long she stayed on each occasion, if the ties she had when she first applied still remain etc.

I think the fact that you live and work in Peru and the fact that she is gainfully employed will be in her favour.

How many times has she travelled since she's been married to you?

She has been to the US 3 times with me during the last year. We got married the last time we were there this past December. The length of stays we 22 days, 28 days, and the last time 28 days also.

Edited January 18, 2012 by sctdixon

[jojolicious 38]

Hmmmm... It's a tricky one because she hasn't actually travelled without you at all and you both haven't travelled since you got married in the US. Since there is a presumption that every applicant for a tourist visa has immigrant intent, it will cross the CO's mind that on one of your visits to the US as a couple you may stay and she will adjust status since you are a USC.

She has a lot of positive factors IMHO so even though her chances for a renewal will decrease once she lists you as her husband, the positives in her favour may be just strong enough to overcome the presumption of immigrant intent/ risk of her not returning.

A visa is a privilege not a right and is solely granted at the discretion of the CO so there's no guarantee of the outcome either way.

Edited January 18, 2012 by jojolicious

[sctdixon 6]

Hmmmm... It's a tricky one because she hasn't actually travelled without you at all and you both haven't travelled since you got married in the US. Since there is a presumption that every applicant for a tourist visa has immigrant intent, it will cross the CO's mind that on one of your visits to the US as a couple you may stay and she will adjust status since you are a USC.

She has a lot of positive factors IMHO so even though her chances for a renewal will decrease once she lists you as her husband, the positives in her favour may be just strong enough to overcome the presumption of immigrant intent/ risk of her not returning.

A visa is a privilege not a right and is solely granted at the discretion of the CO so there's no guarantee of the outcome either way.

I understand what you are saying. I'm hoping that the fact that I reside and work in Peru will indicate that we are not going to stay in the US during a visit.

Another note: The last trip to the US in December, she flew by herself into the US. I followed the next day.

[jojolicious 38]

She should definitely go for it. Let us know what happens. Good luck!

[yachachiq12 43]

Definitely have her show proof that you're residing and working in Peru too and that this is a strong tie to Peru for her. Anecdotally, I have a USC friend married to a Peruvian man who recently got his tourist visa while the two of them were living and working together in Peru. Sounds like your wife has a lot of elements in her favor. Good luck!

[Noah Lot 391]

Definitely have her show proof that you're residing and working in Peru too and that this is a strong tie to Peru for her. Anecdotally, I have a USC friend married to a Peruvian man who recently got his tourist visa while the two of them were living and working together in Peru. Sounds like your wife has a lot of elements in her favor. Good luck!

She will not likley have any difficulty...why? because her prior travel history speaks volumes.....she has had numerous chances to 'jump ship' after getting married (I assume her visa is still valid) so why would a VO presume that she spent all this time and money to arrange an appointment so she could then use a brand new visa to head for the US, do a COS, etc. Doesn't make sense that this would happen.

[yachachiq12 43]

She will not likley have any difficulty...why? because her prior travel history speaks volumes.....she has had numerous chances to 'jump ship' after getting married (I assume her visa is still valid) so why would a VO presume that she spent all this time and money to arrange an appointment so she could then use a brand new visa to head for the US, do a COS, etc. Doesn't make sense that this would happen.

Did I say she would have difficulty? My post was an optimistic and encouraging one that added to the discussion that his spouse should highlight the fact that they both have ties to Peru together. What's wrong with that?

[sctdixon 6]

I appreciate everyone's opinion. Guess I'll see what happens next Monday...

[villaspurs 65]

Please keep us posted--and good luck!

[sctdixon 6]

Please keep us posted--and good luck!

My wife's B2 Visa was approved/renewed!!!!!!!!!!!!! Thank God!!!!!!!!! The only questions they asked her was how long was her previous trips to the US and why they we so long in length. She explained that her husband works in Peru and gets 28 days off every third month. Presto....renewed!

[yachachiq12 43]

Congrats! Happy travels!

[sctdixon 6]

Now that we got past that little hurdle, I will file the I-130 Petition soon. Hope that one goes smoothly.

Edited January 24, 2012 by sctdixon