Filing DCF, but not intending to move to the U.S.

[alaskanarab 0]

I am a U.S. citizen foreign Christian missionary serving in the Middle East. I got married to a woman of the local country in May 2013. While engaged she attempted to apply for a visitor visa, but was refused on the ground that she is my fiancee. She applied for the k-1 visa and was refused on the ground that we do not intend to immigrate to the U.S. Now we are married and face the same issue. I have been requested by my sponsoring organization to return home for a period of six months, after which I will return to the Middle East and continue in the ministry. I do not plan to re-intergrate to the US for many years.
My question is: Is my wife eligible to apply for the CR1 visa via DCF eventhough we do not intend on being residents of the US for more than the 6 month furlough period?
If she is eligible, what do we do about the conditional residency status? Won't they just revoke her GC and make it more difficult for future trips to the US?
If she is not eligible for the CR1 visa, is she eligible for a B-1 visitor or B-1 missionary visa? (I have been told that as the wife of a US citizen she is not eligible for a non-immigrant visa)

[Hypnos 6,578]

She is eligible for a B-2 visitor's visa, but would need to demonstrate strong ties to her home country to obtain it, and marriage to a US citizen is going to impact her negatively, as you found out.

It would be fairly pointless to obtain a CR-1 immigrant visa if she has no intention of immigrating at this time.

A B-1 visa is a nonimmigrant business-related visa; from what you say she would not be eligible for that.

[lost_at_sea 995]

She's not eligible for as long as you intend to remain outside the USA and fail to show domicile or intent to re-establish one. The point of the CR/IR-1 is family reunification, which would not be established if you don't live there.

She can apply for a tourist visa (B2 I think) but they can be hard for spouses of USCs to get, as the immigrant intent is hard to overcome (especially has she had a prior K1 application).

Edited January 19, 2014 by lost_at_sea

[alaskanarab 0]

Thanks so much for the responses.
So basically she is not eligible for the CR1, and they embassy won't believe that she only wants to visit the US. I mean I could lie about the intent to immigrate, and easy provide a US address in order to get the GC, but that is unethical, seems illegal, and will negatively impact future immigration efforts.

Does anyone know anything about the B-1 missionary Visa?
If she does apply for the B-1/2 tourist visa, what are the best documents I can provide to prove our intent to return to the Middle East? I have residence in the host country since four years as a Christian worker, in addition to all my US based clergy documents.

As a side note, I find it extremely ridiculous and insulting that the MY government will not provide for a U.S. citizen serving a humanitarian cause overseas the right for his wife to visit his country, even at the request of his sponsoring enterprise. I mean if she is not eligible for immigrant visa, and can't get a visitor visa, that means I am not allowed to go home and visit friends, family, and supporting organizations...it just seems ridiculous. Didn't the State department think this scenario through?

Edited January 20, 2014 by alaskanarab

[lost_at_sea 995]

Thanks so much for the responses.

So basically she is not eligible for the CR1, and they embassy won't believe that she only wants to visit the US. I mean I could lie about the intent to immigrate, and easy provide a US address in order to get the GC, but that is unethical, seems illegal, and will negatively impact future immigration efforts.

Does anyone know anything about the B-1 missionary Visa?

If she does apply for the B-1/2 tourist visa, what are the best documents I can provide to prove our intent to return to the Middle East? I have residence in the host country since four years as a Christian worker, in addition to all my US based clergy documents.

As a side note, I find it extremely ridiculous and insulting that the MY government will not provide for a U.S. citizen serving a humanitarian cause overseas the right for his wife to visit his country, even at the request of his sponsoring enterprise. I mean if she is not eligible for immigrant visa, and can't get a visitor visa, that means I am not allowed to go home and visit friends, family, and supporting organizations...it just seems ridiculous. Didn't the State department think this scenario through?

Well, you can visit, just not with her. She currently has no US rights, and you having your foreign wife emigrate is a privilege, not a right. Yes, it's all crazy. But that's why forums like this exist to help you through.

If you want to have her go for the tourist visa, she needs to have strong documentary evidence of her ties to her home country - a home (lease/mortgage), job (letter expecting her back to work), family (evidence you are staying in her home country - incentive to return). Stuff like that. The prior K1 application will come up.

You may just have to wait until you're ready to move back.