B1, B2, or not even worth trying? US Citizen with foreign spouse

[JackieS55 0]

My Kenyan husband and I live and work in Nairobi, Kenya and both work for a non-profit organization that we founded in 2008. The organization is registered in both the US and Kenya. We were married in Nairobi in September 2013 and had a baby in September 2014. We are both committed to the work that we do and happy living and working in Nairobi. I hold a work permit to work here that expires in 2016. We have no intention of immigrating to the US any time in the near future. I would like to bring the baby to meet her family in the United States and would like my husband to be able to join us. I understand having a US Citizen wife and child might not make it worth trying, despite the fact that we do live in Kenya. He applied for a visitors visa twice in 2013 before we were married and was denied. He has since traveled to Japan as part of his work with the organization.

We have Kenyan friends in Nairobi that work for non-profits and are of similar financial means that have visited the US to fundraise, attend conferences, etc. If the purpose of his visit was to raise funds/awareness for the organization (which we would legitimately do), would that go over better than just a casual visit? Or does his USC wife and child trump all?

[Penguin_ie 5,996]

For a tourist visa, the main thing is to prove that he will return; with a US wife and child, that can be difficult. However, his AND your comittment to your charity work will be a big positive. When you submit for the visa, show proof that both of you will return- future plans for the NPO that needs you present and so on.

[JackieS55 0]

Do you think, then, it would be better to focus on the fundraising aspects as the reason for traveling? I know the reason doesn't necessarily matter but having the organization cover the costs and making the trip about the organization might help emphasize that tie?

[jan22 3,056]

It is always best to tell the truth. The primary reason appears to be for a family visit. The fundraising would be incidental to that. To try to present it the other way around might make it seem like you are not being completely truthful and result in a denial when it might have been approved by telling the truth -- you want to introduce your new baby to family and then return to your fulfilling life in Kenya.

[Boiler 45,956]

I do not know how it works in Kenya, as you are staying there and are now married why are you still on a work visa. Presumably there is a route to residency through marriage?

[Dave&Roza 748]

I would show that the NPO is paying for the trip and that the purpose of the trip is to fund raise AND visit family and friends in the US. I would also show that you and your child reside in Kenya and have plans to return after a short stay in the US. It is up to you whether you apply or not. You have a small chance of getting approved if you apply and zero chance of approval if you do not apply. The question you have to ask, "Is the possibility of your husband going with you worth the visa application fee?" If he is denied, he will not get the money back.

Good luck,

Dave

[JackieS55 0]

Boiler, you can become a Permanent Resident after being married to a Kenyan for three years or working under a valid permit for seven years. I have not yet completed either requirement.

jan22 and Dave, thanks for the insight. Would fundraising still fall under a B2?

Edited January 11, 2015 by JackieS55

[Boiler 45,956]

I assume the consulate would know but if there is an opportunity of working that in do so.

Your biggest plus is settling in Kenya.

Edited January 11, 2015 by Boiler

[Boiler 45,956]

You want B1/2 combo. Normally how they are issued.

[jan22 3,056]

Boiler, you can become a Permanent Resident after being married to a Kenyan for three years or working under a valid permit for seven years. I have not yet completed either requirement.

jan22 and Dave, thanks for the insight. Would fundraising still fall under a B2?

Yes, if it's incidental to the primary purpose of the entry (family visit).