K1 fiance left USA 100 days after wedding, w/o AOS

[mmalone48 0]

Dear friends:

Here are the specifics; Thanks in advance for your help; the problem is that I get completely different answers about this situation from USCIS, depending on who I talk with.

Here goes:

My wife had an abrupt family crisis to deal with in her home country of Chile; she wants to be able to visit the US with me in the future.

I am a native-born US citizen, and I am planning to move to her country within the next 6-12 months.

Will we have a huge problem applying for a CR-1 visa or simply a US Tourist Visa for her in the future, so that she can visit my family and vacation with me in the future?

At this time, she has no intention of living permanently or working in the US in the future.

Since she only wants to visit my family with me in the US in the future, which type of US Visa would actually be appropriate to our situation?

Thanks!

Mike

P.S. I will be posting this same message in the CR-1 Forum in order to get the perspective of those members as well.

Edited July 17, 2012 by mmalone48

[canadian_wife 1,827]

Since she only wants to visit my family with me in the US in the future, which type of US Visa would actually be appropriate to our situation?

A tourist visa. Do not petition for an immigrant visa - since you both do not want to live in the US

Good luck

[C-ma'am 684]

A tourist visa. Do not petition for an immigrant visa - since you both do not want to live in the US

Good luck

What Canadian wife said.

[Bryan and Isabel 29]

Dear friends:

Here are the specifics; Thanks in advance for your help; the problem is that I get completely different answers about this situation from USCIS, depending on who I talk with.

Here goes:

My wife had an abrupt family crisis to deal with in her home country of Chile; she wants to be able to visit the US with me in the future.

I am a native-born US citizen, and I am planning to move to her country within the next 6-12 months.

Will we have a huge problem applying for a CR-1 visa or simply a US Tourist Visa for her in the future, so that she can visit my family and vacation with me in the future?

At this time, she has no intention of living permanently or working in the US in the future.

Since she only wants to visit my family with me in the US in the future, which type of US Visa would actually be appropriate to our situation?

Thanks!

Mike

P.S. I will be posting this same message in the CR-1 Forum in order to get the perspective of those members as well.

my question is , If both never had intentions to live in the USA why did you guys file for k1 in the first place???

[C-ma'am 684]

my question is , If both never had intentions to live in the USA why did you guys file for k1 in the first place???

Maybe they did, but circumstances change. Things happen and plans change.

[Dave&Roza 748]

A tourist visa. Do not petition for an immigrant visa - since you both do not want to live in the US

Good luck

Keep in mind that her ability to obtain a tourist visa will depend on her ties to Chile. You living in Chile rather than the US would be a help, but there are no guarantees.

Good luck,

Dave

[Anh map 2,098]

*Moved from K1 forum to Effects of Major Family Changes forum as OP is no longer seeking immigration visa. Also duplicate thread in CR1 forum removed to keep conversation in one place.*

[del-2-5-2014 1,339]

my question is , If both never had intentions to live in the USA why did you guys file for k1 in the first place???

My wife had an abrupt family crisis to deal with in her home country of Chile;

[JohnR! 5,495]

A tourist visa. Do not petition for an immigrant visa - since you both do not want to live in the US

Good luck

X 3.

[mmalone48 0]

Everybody:

My wife was originally denied a Tourist Visa for whatever reason, although family members of hers were given Tourist Visas and visited us with no problem.

Given the circumstances that I have described, is it likely that a Tourist Visa would be granted to her to simply visit with my family in the US, or to vacation?

I guess the same quesstion applies for a CR-1 Visa; if the economic conditions in her country are not great and she wants to move here, is she likley to run into a major problem since she was here and left the US after about 3 1/2 months without AOS?

Thank you,

MIke

[JohnR! 5,495]

Everybody:

My wife was originally denied a Tourist Visa for whatever reason, although family members of hers were given Tourist Visas and visited us with no problem.

Given the circumstances that I have described, is it likely that a Tourist Visa would be granted to her to simply visit with my family in the US, or to vacation?

I guess the same quesstion applies for a CR-1 Visa; if the economic conditions in her country are not great and she wants to move here, is she likley to run into a major problem since she was here and left the US after about 3 1/2 months without AOS?

Thank you,

MIke

Mike, if you are moving to Chile, chances are she will not have as much problem getting a tourist visa. So far she has done everything correctly. That she left the US before filing for AOS does not complicate her situation. If you ever decide to move back to the US you will have to apply for a CR/IR visa for her which is as labor intensive as a K-1.

[Lalo & Susana 50]

She should be applying for a tourist visa. My fiancé and most of my family is from Chile. Your wife needs prove ties to Chile. Since you two are living in Chile make sure her name is on the lease if you rent or on the title if you own. That in Chile is huge they alway want to make sure you had something to go back too to ensure you won't stay illegally in the USA. Another thing she would need is a contract called "contrato indefinido" and a letter from her employer stating they are allowing her to go to USA the dates and the day she will go back to work. Also have to show a certain amount of funds in the bank not sure exactly how many. I've had several cousins and other families get approved in Chile and those 3 things are what the Chilean immigration officer really cared about.

If you can go with er to the interview. I know a few Chilean couples who've come on vacation to USA and were approved without even showing any information. The immigration officer sat them down said your married to an American and want to visit their family no problem and got approved right away.

I've heard in Chile it really depends on the officer you get but most of the time you get approved. Just make sure you focus on those 3 sections I mentioned before. I spoke to a lot of my family members since I was trying to get my fiancé to come visit me in NY and those were the main areas Chile focuses on. And go to the interview of you can. I just spoke to one couple who was approved a little over a month ago and since his wife was a US citizen they didn't even look at his evidence or bother to ask him questions.

I also tried moving to Chile last winter (their summer) and applied for a lot of different jobs but found it very hard to get a job especially one that paid me enough money. I was living in Viña del Mar. I really. Hope you two have better luck then my fiancé and I did.

Good luck!

Edited July 18, 2012 by Lalo & Susana

[Mark and Rassel 9]

Dear friends:

Here are the specifics; Thanks in advance for your help; the problem is that I get completely different answers about this situation from USCIS, depending on who I talk with.

Here goes:

My wife had an abrupt family crisis to deal with in her home country of Chile; she wants to be able to visit the US with me in the future.

I am a native-born US citizen, and I am planning to move to her country within the next 6-12 months.

Will we have a huge problem applying for a CR-1 visa or simply a US Tourist Visa for her in the future, so that she can visit my family and vacation with me in the future?

At this time, she has no intention of living permanently or working in the US in the future.

Since she only wants to visit my family with me in the US in the future, which type of US Visa would actually be appropriate to our situation?

Thanks!

Mike

P.S. I will be posting this same message in the CR-1 Forum in order to get the perspective of those members as well.

I'm no expert, for sure . . . but I believe that once you live in Chile for 6 continuous months you can file for a DCF/CR1 in which all/most of the processing takes place in the American Embassy in (Santiago?), Chile. (sorry my geography brain is not working today!). This would allow you and her to travel freely back and forth between the U.S. and Chile, and if things change again - and most certainly they will - you would have another option on where to live . . . Just a thought . . .

Mark and Rassel!

[Xanax 349]

I believe having a husband in the US if may make it harder for her to get a tourist visa as a husband is a fairly big reason not to go home.

You will have to prove VERY strong ties to Chile.

[Ning 619]

Dear friends:

Here are the specifics; Thanks in advance for your help; the problem is that I get completely different answers about this situation from USCIS, depending on who I talk with.

Here goes:

My wife had an abrupt family crisis to deal with in her home country of Chile; she wants to be able to visit the US with me in the future.

I am a native-born US citizen, and I am planning to move to her country within the next 6-12 months.

Will we have a huge problem applying for a CR-1 visa or simply a US Tourist Visa for her in the future, so that she can visit my family and vacation with me in the future?

At this time, she has no intention of living permanently or working in the US in the future.

Since she only wants to visit my family with me in the US in the future, which type of US Visa would actually be appropriate to our situation?

Thanks!

Mike

P.S. I will be posting this same message in the CR-1 Forum in order to get the perspective of those members as well.

The visa she would be granted has everything to do with where you, the USC, lives at the time she interviews.

Its very difficult to get a tourist visa when shes married to a USC that lives in the USA. They know she wont return.

Being granted a tourist visa is difficult but she has a unique situation. Its always about her ties to her country. Those must be stronger than any tie to the USA. That is difficult to prove when you have a USC husband. However she could attempt to show she had a K1 but left to return to Chile due to circumstances and now wnats to return to visit. There is no way to know until she steps up to the window. She could at that time explain that you will be moving to Chile but she will have to prove that. Keep in mind they have heard it all. All people with any type of visa are considered intending immigrants. She must offset that idea with proof beyond a doubt that she must return or there will be no visa.

If you were living in Chile as a legal resident it may make it easier to get a tourist visa for her. In my own case I found it didnt help. My husband live in my country for two years but they still wont grant me a tourist visa. The officer said my ties were always to my husband no matter where he was so if we entered the USA there was no reason to return to Thailand. He said they realized it was a catch 22. Still I have seen people right here on VJ that were approved filing exactly as we did.

If she isnt going to live in the USA you could petition for the CR 1 but if they realize she wont be using it as designed they wont approve it. Do not lie on the application.

Edited July 18, 2012 by Ning