How to get tourist visa while I am still in marriage, but...?

[Dalikor 0]

In 2005 I married US citizen and we applied for my papers.I got working permit...but, I had to live(family reasons) country before I got invitation interview for green card...and all these years I stayed with my wife in marriage.How can I get back?While all this time we were in some contact..in begining more and now lately more...

Edited April 25, 2013 by Dalikor

[aws&ndd 103]

You can still do it. Your wife needs to petition you so you can apply for a spousal visa. You can try for a tourist visa, but that is only for a temporary visit and since you are married to a US citizen it could be difficult to get approved.

[Dalikor 0]

You can still do it. Your wife needs to petition you so you can apply for a spousal visa. You can try for a tourist visa, but that is only for a temporary visit and since you are married to a US citizen it could be difficult to get approved.

Do you mean under petition inviting letter that she is inviting me to come and that she has enough earnings to support me..!?

[Tygrys 143]

Do you mean under petition inviting letter that she is inviting me to come and that she has enough earnings to support me..!?

You don't show which country you are from, but for most people in your situation chance of getting the tourist visa would be close to zero.

Your wife needs to file I-130 petition with USCIS if she wants you to come to the US.

[Dalikor 0]

You don't show which country you are from, but for most people in your situation chance of getting the tourist visa would be close to zero.

Your wife needs to file I-130 petition with USCIS if she wants you to come to the US.

I am from Serbia...so only on that way I can get back..

What about if I get offer for job and I apply for working permit?

What chance I have there or to start studying on some coledge ..!

Would I had problem then?What is the best for me to do?

[Penguin_ie 5,996]

**** Moving from Tourist visa to General Immigration forum as OP has not decided on a visa yet ****

The best thing is a spousal visa, it leads to an automatic greencard and you can travel, work etc. Few places will give you a job unless you already have a greencard, or you have special skills as it is the employer who needs to petition you for a work visa and it will cost them $5000+.

As to studying... what would you want to study and why? How long have you been out of 3rd level education? Who would pay the enormous college fees (you cannot work during your student visa)?

[Dalikor 0]

**** Moving from Tourist visa to General Immigration forum as OP has not decided on a visa yet ****

The best thing is a spousal visa, it leads to an automatic greencard and you can travel, work etc. Few places will give you a job unless you already have a greencard, or you have special skills as it is the employer who needs to petition you for a work visa and it will cost them $5000+.

As to studying... what would you want to study and why? How long have you been out of 3rd level education? Who would pay the enormous college fees (you cannot work during your student visa)?

So the best way is spousal visa!

I donn't have green card...I don't have some special skill I just asked if I get offer..

I have bachelor degree from economy....why not one more university I would figure out which one..I would pay that fees for my studies!

That is why I needed some advise what is the best for me..

Even on that way I would be able to see my wife after so many years..if I go on university!

[aws&ndd 103]

The best route is the spousal visa.

In order to work here on a visa, a company here has to sponsor you. Without very specialized skills, you are NOT going to get an offer to work here. If you want to study here, you need to apply AND be accepted to a University in whatever degree program you pursue. You also will need to be able to cover the full tuition and cost of living while you are here. Expect to pay around $30,000 a year to study here. If you have the money to support yourself while you study, then it is an option. However, once your studies are done you HAVE to return back home. You can not just come here and study, and then stay. If you want to stay here permanently, you NEED to file the spousal visa.

[Dalikor 0]

The best route is the spousal visa.

In order to work here on a visa, a company here has to sponsor you. Without very specialized skills, you are NOT going to get an offer to work here. If you want to study here, you need to apply AND be accepted to a University in whatever degree program you pursue. You also will need to be able to cover the full tuition and cost of living while you are here. Expect to pay around $30,000 a year to study here. If you have the money to support yourself while you study, then it is an option. However, once your studies are done you HAVE to return back home. You can not just come here and study, and then stay. If you want to stay here permanently, you NEED to file the spousal visa.

I heard that one of condition to be able to apply for spousal visa is that you saw each other in last 2 years..I didn't see my wife since 2005...What about that?

I didn' think after my studies to stay or to work...I will go back to my country, but in midle time I want to see my wife and to see how we are functing after so many years!!

[Penguin_ie 5,996]

No, the 2 year thing is for the K1 fiance visa. That being said, it may be difficult to prove you have a bonafide marriage when you haven't seen eachother for 8 years. They will question why you needed to stay abroad so long, and why she never came to visit you.

[Dalikor 0]

No, the 2 year thing is for the K1 fiance visa. That being said, it may be difficult to prove you have a bonafide marriage when you haven't seen eachother for 8 years. They will question why you needed to stay abroad so long, and why she never came to visit you.

Main reason why I had to stay I think is more then enought to say true ..my Mom on begining was not very well and last 2years she is much better..I have whole her documentation..

My wife never liked to travel..and she is barely traveling during year 100 miles the most in one direction...The reason why we didn't speak that much on begining after I left USA was always talking nonsense about traveling and visiting me in my country..Not to mention that she doesn't like air planes at all..What could I do?

[Penguin_ie 5,996]

You can still go for an IR-1 spousal visa, especially if you have a lot of other bonafide evidence. But it will be difficult to get approved. Look at it not from your point of view as a loving husband, but that of a USCIS officer who just has the facts on paper in front of them: there is a difference between not liking to travel/ not having much money to travel, and never meeting up even for a week in 8 years. So the best thing would be for you to meet eachother again, if you can. Maybe she can travel with a friend or family member if she is uncomfortable travelling along, or you can try for a tourist visa (unlikely to be granted), or meet in a nearby third country such as Mexico.

BTW, how did you get to the USA the first time? Did you overstay when you married your wife? This could also have an effect on your visa chances.

[Dalikor 0]

You can still go for an IR-1 spousal visa, especially if you have a lot of other bonafide evidence. But it will be difficult to get approved. Look at it not from your point of view as a loving husband, but that of a USCIS officer who just has the facts on paper in front of them: there is a difference between not liking to travel/ not having much money to travel, and never meeting up even for a week in 8 years. So the best thing would be for you to meet eachother again, if you can. Maybe she can travel with a friend or family member if she is uncomfortable travelling along, or you can try for a tourist visa (unlikely to be granted), or meet in a nearby third country such as Mexico.

BTW, how did you get to the USA the first time? Did you overstay when you married your wife? This could also have an effect on your visa chances.

She just don't have money to travel and she doesn't like to travel...

I didn't overstay..I had regular visa to work I think in that time was H2B1..I got a job and that is how I come...

I wasn't even one day ilegaly in USA all was covered by visa!When we sent paper work for green card I got employment authorization on 10 mounths(able to work anywhere).I am not sure for her that she would like to travel anywhere farther then her town!I am thinking to try like student to go on some university..That is the best I think..A?

[Penguin_ie 5,996]

Student visa is an option if you can show the funds and find a university to accept you.

But again, having a US wife and having tried for a greencard before will make things difficult.

[Dalikor 0]

Student visa is an option if you can show the funds and find a university to accept you.

But again, having a US wife and having tried for a greencard before will make things difficult.

I can show them funds and I think I will find some university..That is my problem I don't know what to think and how to do that..