B-2 visa for spouse while waiting on I-130 to be processed questions.

[RhettVoe 282]

@RhettVoe...you will not be able to speak with the consular official, especially during the interview. The interview is a private affair between the applicant and the consular person. The consular official is not going to interview you. A third party cannot 'vouch' for an applicant, nor guarantee in any way, shape or form compliance of the terms of a tourist visa by the holder of same. The requirement that an applicant overcome the presumption of immigrant intent is not (nor will it be) suspended merely because you are in the military. There are no special exemptions for spouses of military members. You cannot be held accountable if she changes her mind (or you change yours) shortly after arrival and decides to stay put. The MPs will not be coming to your house. Therefore, all those earlier suggestions that your case might be different are not valid. Our military has NO jurisdiction over anyone inside the United States. She will have to convince the interviewing officer that she really will go back to Honduras, but given the track records of thousands who have gone down a different road before, her chances are quite slim. The main question to answer will be this one: Why would she return instead of remaining in the US, and complete all of the processing in a more enjoyable surrounding? The usual answers of .."well, my parents are elderly and need my care" won't jive with how is it they will be able to survive during her proposed three month absence. Certainly there is no meaningful job she could possess that awards three months of paid leave while leaving her job open. That would be a rarity even in this country. If you made a little chart showing the pluses and minuses, then enter the reasons to stay in the US versus return, you will likely find that the number of truly valid reasons for departing the US are low in number and even lower in motivation compared with living with you while USCIS churns out the paperwork.

[SennaBrigante 92]

There's really no telling which consul will interview your wife and at exactly what time and she can't take a mobile phone in with her so I doubt if there's any way you'll be able to talk to who's interviewing her while he/she is interviewing her

[Boiler 45,404]

The interview was yesterday.

[jaycali 415]

Interested in hearing how this went.

[Eric-Pris 1,606]

The USC's "guarantee" means nothing. I tried that once. The IO told me that they get thousands of guarantees and people still overstay. The USC's word means nothing, so first the IO would not even get on the phone with the OP and second, whatever the OP told him would hold no weight.

Edited November 7, 2013 by Eric-Pris

[DRAGOY79 0]

Well guys. Thank you for your input however, I would like to bring out something to the topic. You are absolutely correct, being military guarantees nothing for me or my wife. However, if you are not familiar with the current military rules and regulations I will clarify some.

First, my LES shows how much money I make, as well as my social, and other military data (will tell more why this is important)

Second, my wife received a letter of sponsor from myself and letter of character verification from my c.o. Who is Lt Colonel with military letterhead and his contact information.

Ok, why is this important? The U.S. Military in Honduras works well together with the Consulate. We even have a few guys with their own desk at the embassy should they have any questions or would like to verify myself or my c.o.

Do you guys know why the u.s. Military gets special treatments on many things like free rental insurance(rental cars), waive rental application fees, or no security deposits (apartments) ? Because they can call our boss and make us pay thats why. Uncle Sam literally have our manhood in a jar and if anyone file a complain we have no choice but to pay up. Hence they try to get us in with the waive fees but knowing damn well we have no choice but to pay if we want to keep our military career in the case of any damages.

Same scenario goes for here. If my wife do not return after the visa time allotment, the DHS can track me down easily and I will either go to jail and lose my career or worse. I know she has to convince her interviewer she will come back to Honduras but if the informations I have given her does not suffice then I have no idea. If she wants her husband in military jail or worst then I guess she may run. Dunno, you guys be the judge.

[jaycali 415]

How did the interview go?

[Boiler 45,404]

Sounds like she was issued a visa?

[Harsh_77 718]

Thank you guys. Yes the one overstaying their expiration date to me is a parasite that kills it for the honest folks. I concur the filing fees of $160 is quite a bit but coupling that with roughly $600-700 I send my wife every month it is really small price if I can get her over here for 3 months. I don't have to send her that much but at the same time, I want her to be comfortable. It is true the dollars can go a long way but in her town Comayagua, if I wanted her to be in a safe neighborhood I have to pay. If I want her to eat well, it costs. All in all, if she is approved, I will be one happy man.

Also I promise to all my fellow VJers, the wife will NOT overstay lol.

Promise to VJers does not mean anything, VJers are not the one issuing the visa.

Promise to CO's don't mean anything either, you need to provide some strong evidence why your wife would not overstay or try to file for AOS while she is in US.

For spouse of USC CO's dont care about overstay but their main concern is the applicant would quit the CR1 process and file for AOS, which makes it difficult for spouse of USC to get a tourist visa.

[DRAGOY79 0]

Promise to VJers does not mean anything, VJers are not the one issuing the visa.

Promise to CO's don't mean anything either, you need to provide some strong evidence why your wife would not overstay or try to file for AOS while she is in US.

For spouse of USC CO's dont care about overstay but their main concern is the applicant would quit the CR1 process and file for AOS, which makes it difficult for spouse of USC to get a tourist visa.

Yeah i get that man. It was a joke but apparently you have no sense of humor. The promise to C.O. Means everything because if I failed on the promise by breaking that law. I can be prosecuted under military law. If you didn't know, C.O. In our world is Commanding Officer. He is above my first sergeant, supervisor, section chief, etc. and I got a letter signed by him to state that he is aware of my situation. Simply put, if my wife does not go back, she will be consider a fugitive of sort because she will illegally be here. Harboring a fugitive in this scenario would mean I am soliciting in a version of human trafficking. Therefore, I will be punishable under article 92 of the UCMJ. I check with legal office, and yes I will go to jail if my wife runs.

Sorry guys, my mistake on the interview date. The way Honduras works is sort of like different level tier of customer service. Yesterday she was screened by Honduran employee at the consulate. There's no appointment line because of the overwhelming amount of people that wants to come to the States. She passed that test and now she has to wait for an appointment with a DHS employee. However she was told by the lady that she does have a great chance because she is married to me, a U.S. Citizen military NCO who has been back and forth to Honduras about 3 times a year the past three years. We have no reason to lie, we also have no reason for her to run when she gets here because my paperwork is getting expedited as well due to a deployment in March. Still not convince now that I know my case being expedited but hey 30 days of showing my wife around the U.S. Is better than nothing.

[Boiler 45,404]

I have seen plenty of threads from members of the Military who have married spouses here illegally or overstayed. Never heard of a single incident where it has caused any issues

[RhettVoe 282]

Your promise to a CO has no more weight to it than a promise made by anyone else...the military cannot and will not chase you down if your wife stays put....there is NO specific law that pertains to an American spouse (military or not) whose foreign born spouse fails to comply with the terms of a tourist visa...there is nothing under the UCMJ stating this....and section 214b is not suspended for military members....while military members may have certain other privileges, there are none when it comes to overcoming immigrant intent. Neither you, nor your commanding officer or sergeant can force you to force your wife to depart the United States....there is no legal mechanism that anyone other than ICE can enforce.

No doubt that over the past umpteen years, more than one foreign spouse married to a military member has 'forgotten' to return as 'promised.' Can you name one military member who is currently doing time in Leavenworth for failure to make their foreign spouse go back home after visiting? I've never heard of one.

At the end of the day, she may well get a visa, but if it is abused, you can only imagine how well that will go over in our embassy in Honduras, and how it might affect future military members and their foreign spouses when it comes time to apply for a tourist visa....you said it yourself in an earlier post about one bad apple spoiling it for others....

[MIBEN 83]

I have seen plenty of threads from members of the Military who have married spouses here illegally or overstayed. Never heard of a single incident where it has caused any issues

Neither have I and I was a C.O. for 24 months in South Korea where we routinely dealt with spouses of service members trying to get their residents cards. I did have the authority to give direct orders to a Soldier to make good on payments especially if it affects their security clearance and ability to be qualified for their jobs. A Company Commander does not have much lead way with a spouse. If they reside on post you can have them banned and removed from all military installations or report them to ICE. If they reside off post and are illegally present in the US there is not much a CO can do about it. They definitely cannot charge a Soldier for a visa that was applied for by her regardless of why it was approved.

I hope the process goes by as quickly as possible but my visa journey did not go any faster and I was on active duty when I petitioned my spouse. Good luck to her....

Edited November 8, 2013 by MIBEN

[DRAGOY79 0]

I have seen plenty of threads from members of the Military who have married spouses here illegally or overstayed. Never heard of a single incident where it has caused any issues

How long ago was that thread?? I can tell you it isn't recently. The AF has changed so much and so is our government. Last I checked, an I-130 use to take 7-8 months to process and this was 2012. To inform you all, the AF now is looking for ways to remove people. Our PT has changed again last month from 2 years ago. The high year tenure has changed since last year to shorten time people can stay in.

I digress but I highly doubt the threads you saw involved an Airman from the past two years having a wife overstaying her visa after requesting for a B-2 and vouching for her. Our culture has drastically changed not to mention if they approved my wife and she overstayed, all they had to do was call my commander and my ### will lose everything. Lastly, I am about to have my case expedited through the USCIS, and NVC. Why would I risk that?

I started the thread to see if anyone has gone through the same situation. I never dreamt of having a bunch of haters on this site telling why it won't happen because they know so much about Honduras or the military for that matter. I also did not realized that this board have plenty of USCIS officers who makes the decision as well. Not sure if I offended anyone but IF I choose to apply for this Visa in the next few days and IF she is approves. What then? Is it still impossible? And IF that happens and she returns home before expiration to her visa what would the hater say?

Out of curiosity, did anyone who answer my post ever apply for a B-2 visa for their spouse before?

[Boiler 45,404]

My spouse is American.

I was only telling you that if she did overstay it was no biggie.

To answer your other comments just google Parole in Place.