Suggestions Anyone?

[eap620 0]

Hi Everybody,

Hope all of you are doing fantastic and having good luck with your journeys. I used to be on VJ all the time a couple of years ago when I was going through the K1 process with my Belizean fiance. I canceled that when I decided to move to Belize. I am now back in the states for awhile. We just got married on Dec. 29th, 2006 in Belize.

I'm wondering what you guys think is the best/quickest way for my hubby to come on over here. Technically, we both live in Belize and we have a business there. I just want him to be able to come back and forth while I am having to take care of things over here in Texas. Should we file for the spousal visa, even though we don't plan on living in the states for sometime. Or is it a possibility that he could apply for a travel visa...even though he is married to me.

Also, if we do have to go the spousal visa route, I would like to do DCF. Does anyone know if he can go file the initial paperwork without me being in the country? Can I just show up when it's time for the interview? I was really hoping that maybe we could go the travel visa way because it is so much more simple and really it fits our needs at this time. I'd hate for him to get stuck over here for awhile in the K3 process and not be able to be in Belize to run our business. He has to be there for it to work.

I appreciate any suggestions. I just haven't been around in awhile and I've gotten rusty with the immigration details. Thanks to all of you and I look forward to any help offered.

All my best,

Erin

[Yodrak 7]

Erin,

The situation that you describe calls for a B2 visitors visa.

Yodrak

Hi Everybody,

Hope all of you are doing fantastic and having good luck with your journeys. I used to be on VJ all the time a couple of years ago when I was going through the K1 process with my Belizean fiance. I canceled that when I decided to move to Belize. I am now back in the states for awhile. We just got married on Dec. 29th, 2006 in Belize.

I'm wondering what you guys think is the best/quickest way for my hubby to come on over here. Technically, we both live in Belize and we have a business there. I just want him to be able to come back and forth while I am having to take care of things over here in Texas. Should we file for the spousal visa, even though we don't plan on living in the states for sometime. Or is it a possibility that he could apply for a travel visa...even though he is married to me.

Also, if we do have to go the spousal visa route, I would like to do DCF. Does anyone know if he can go file the initial paperwork without me being in the country? Can I just show up when it's time for the interview? I was really hoping that maybe we could go the travel visa way because it is so much more simple and really it fits our needs at this time. I'd hate for him to get stuck over here for awhile in the K3 process and not be able to be in Belize to run our business. He has to be there for it to work.

I appreciate any suggestions. I just haven't been around in awhile and I've gotten rusty with the immigration details. Thanks to all of you and I look forward to any help offered.

All my best,

Erin

Edited January 10, 2007 by Yodrak

[eap620 0]

Thanks Yodrak!!!

So you think that they will give out a visitor visa to a foreigner that is married to an American citizen. I have heard mixed thoughts on this. Is there anyone out there that has done this?! If so, please let me know how it went for you.

Thanks again!

Erin

[Yodrak 7]

Erin,

Of course they will! Especially to the spouse of an American citizen who is in your situation. You're the best evidence he has that he has no intention of immigrating.

Yodrak

Thanks Yodrak!!!

So you think that they will give out a visitor visa to a foreigner that is married to an American citizen. .....

Erin

[eap620 0]

Great Yodrak....I'm thankful for your advice. It makes me feel much better to know that he has a chance for the visitor visa. I was just concerned that they would think we were trying to shortcut a longer process to get him over here. Because I am not a resident of Belize. You have to remain in the country for one full year without interruption. I only spent 9 out of 12 months there last year. And now I have been back and forth between Belize and the states for the last 6 months for family reasons.

I am planning on being in the states for at least the next 6-8 months. I just want to make sure that they understand that I do consider my main place of residency in Belize although I am not technically an official resident. I can now gain nationality in Belize as I am recently married but you have to be married for one year before applying. On my marriage certificate it does state that I live in Caye Caulker, Belize. So...as long as you think they will be okay with this, then I'm happy because I know you are very well versed with this process as you've been around VJ for quite some time.

Thanks again so very much!!!!

Erin

[Shakil 4]

Eap620,

Consulates and foreign missions (which are under dept of state) don't have access to USCIS (which is under homeland security) database so they can't ever know that if you had filed for an immigration petition or not (approved or denied). It is generally assumed that individuals married to USC are most of the time immigrating to US. Generally assumed by people and by consular officers as well. That gives a perfectly good reason for a denial (I had an experience like that) so be prepared for a denial as well. Also, B-2 refusal is not questionable or (appeal wouldn't do any good) and I-130 visa denial can be challenged by law, so its easier for a consular officer to refuse. I hope you get a good consular officer who understands the situation. Its not a piece of cake but its worth a try. Even if they refuse, you can always file for his greencard (I-130) and get him over here and then move back and forth.

What I recommend is that try for a B-2 but don't depend on it.

Best of Luck,

Shakil

[eap620 0]

Thanks for your advice. The thoughts you gave me are what I've been worried about myself. Have you been through this exact situation? If so, please let me know more details. If not....is there anyone out there that has? I'm just curious about some typical questions they might ask my husband during the interview. Belize now requires individual interviews for visitor visas. They didn't in the past.

You have to turn in your application and then come back when they have time to see you. Anyway, I would love to hear any details from someone that has done this before. Most people are trying to immigrate their loved ones to the US but I just want mine to be able to travel over here as we are not ready to permanantly move here yet. He has been denied for a visitor visa before. It's been about 3 years ago. But things have changed since then for him as well.

Okay...if anyone has any more advice or thoughts, please pass them along.

Thank you so much!!

Erin

[Shakil 4]

Eap620,

All of my family were in US including my father, mother, brothers and sisters even when I was under 18 years old. As my mom became very very sick, her four doctors (cardiologist, kidney doctor, eye doctor, family doctor), all of them send letters that she is critically sick and it is quite crucial that I come visit her as she hasn't seen me in over 6 years. I went to the US Embassy with all the evidence for a visit visa. I had a job, property letters, bank balance and stuff. They didn't even look at my doctors letters that her diseases were life threatening. They just said since everyone is over in US, your intention is to immigrate, to which I told that guy that no immigration petition had been filed for me as I never wanted to move. The immigration officer then said that we have no way of knowing it that if it has been filed or not. I said if it was filed then it should have been approved and visa should have been granted as my parents have been a resident of US for over 10 years, he said that it may be pending right now due to any reason and i can't give you the visa. I didn't have anything to say. Then I read up on it and it said that even though you can appeal against a B-2 but it doesn't give any good. However, H-1b is one of the categories along with investor visa and stuff which can be challenged and they have to give a particular reason with evidence that why did they refuse. These are the only non-immigrant visa (NIV) categories that is less likely to get refused.

Thanks,

Shakil

Thanks for your advice. The thoughts you gave me are what I've been worried about myself. Have you been through this exact situation? If so, please let me know more details. If not....is there anyone out there that has? I'm just curious about some typical questions they might ask my husband during the interview. Belize now requires individual interviews for visitor visas. They didn't in the past.

You have to turn in your application and then come back when they have time to see you. Anyway, I would love to hear any details from someone that has done this before. Most people are trying to immigrate their loved ones to the US but I just want mine to be able to travel over here as we are not ready to permanantly move here yet. He has been denied for a visitor visa before. It's been about 3 years ago. But things have changed since then for him as well.

Okay...if anyone has any more advice or thoughts, please pass them along.

Thank you so much!!

Erin