Do we need to live in the US after receiving spousal visa?

[chris413 20]

I am a US citizen currently working in the Philippines. I am still technically employed in the US but spend most of my time in the Philippines since I have a fiance and daughter here. We would like for my fiance to be able to travel to the US to visit my family, but we do not plan on living there for an extended period of time. She was denied a tourist visa so we are looking at the other options... If we were to get married in the Philippines and apply for a spousal visa, how long do we need to live in the US before she could leave again? Does this also apply to fiance visa? Any help is appreciated.

[Boiler 45,525]

She could catch the next flight out, there are no exit controls anyway.

[aaron2020 11,651]

Google Mainintaining legal permanent residency.

She can leave the US anytime she wants.

The problem is coming back to the U.S.

A green card is not a visitor visa. A green card holder is expected to live in the US.

If your wife spends significant time outside the U.S. and fail to maintain ties to the U.S., she will deemed to have abandoned her green card.

[JohnR! 5,495]

You can try and apply for a spouse visa but she will have trouble maintaining her resident status in the US.

Check out info under this link: http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Good luck!

I am a US citizen currently working in the Philippines. I am still technically employed in the US but spend most of my time in the Philippines since I have a fiance and daughter here. We would like for my fiance to be able to travel to the US to visit my family, but we do not plan on living there for an extended period of time. She was denied a tourist visa so we are looking at the other options... If we were to get married in the Philippines and apply for a spousal visa, how long do we need to live in the US before she could leave again? Does this also apply to fiance visa? Any help is appreciated.

[chris413 20]

It sounds like she could risk losing her permanent residency status even if we were just to live in the US for 1-2 months a year? How does this work? Would they just deny her re-entry the next time she trys to enter the US after spending a period of time outside the country?

[aaron2020 11,651]

It sounds like she could risk losing her permanent residency status even if we were just to live in the US for 1-2 months a year? How does this work? Would they just deny her re-entry the next time she trys to enter the US after spending a period of time outside the country?

1-2 months per year is not living in the US. It's visiting the US.

If the CBP believe in her travel pattern that she is abusing the green card as a visitor visa, she will still be allowed into the US. CBP will not deny her entry. She will then go before an immigration judge (some point down the road) to prove she lives in the US and has not abandoned her green card. This will be costly.

This is how I would approach your problem. A young single Filipina is unlikely to get a visitor visa. Get marry and show that the two of you have a life in the PI and have no intention of her immigrating to the U.S., then apply again for a visitor visa.

Edited January 19, 2015 by aaron2020

[chris413 20]

Well this is not the answer I was looking for but it does answer my question. Now I know what we intended to do is basically illegal. I just wish it was possible to have a rational conversation with an immigration officer to get her a tourist visa since that is really what she needs.

[apple21 953]

You are the reason why she's being denied a tourist visa. It's hard to by-pass because in the eye of the consular officer your GF has immigrant intent. Maybe she can overcome that notion if she's employed.. show stronger proof that she will return to the Philippines.

Edited January 19, 2015 by apple21

[JohnR! 5,495]

[in the CR1 scenario] If she only comes to the US for a couple of months a year she may be asked to surrender her greencard as a result. The only mitigating factor she can present is that she is temporarily living abroad as a result of your job. If you're still employed in the US, maintaining your residence in the US as your primary residence, but required to spend long periods abroad she may be able to keep her greencard by applying for a reentry permit.

It's all bureaucratic and costly but it can be done.

It sounds like she could risk losing her permanent residency status even if we were just to live in the US for 1-2 months a year? How does this work? Would they just deny her re-entry the next time she trys to enter the US after spending a period of time outside the country?

[chris413 20]

Thanks for the suggestion. I suppose we could continue to try for the visitor visa. Although we weren't married when she originally applied, we were prepared to show proof of employment, lease on our place, and bank statements. We thought that her daughter and her daughter's father living here were also pretty strong ties to the country but she was still denied. They did not want to see any of the paperwork we had prepared. Apparently they don't like to know that you're in a relationship with an American.. even if he is living in the PI.

This is how I would approach your problem. A young single Filipina is unlikely to get a visitor visa. Get marry and show that the two of you have a life in the PI and have no intention of her immigrating to the U.S., then apply again for a visitor visa.

[chris413 20]

She was employed at the time of applying and was able to show a decent amount of money in her bank account. Also all her family lives here in the Philippines. Maybe she had a bad interviewer, but they didn't even give her the time of day.

You are the reason why she's being denied a tourist visa. It's hard to by-pass because in the eye of the consular officer your GF has immigrant intent. Maybe she can overcome that notion if she's employed.. show stronger proof that she will return to the Philippines.

[apple21 953]

She was employed at the time of applying and was able to show a decent amount of money in her bank account. Also all her family lives here in the Philippines. Maybe she had a bad interviewer, but they didn't even give her the time of day.

Very typical and normal for Philippines.

[Boiler 45,525]

She was employed at the time of applying and was able to show a decent amount of money in her bank account. Also all her family lives here in the Philippines. Maybe she had a bad interviewer, but they didn't even give her the time of day.

You just joined, but you would be amazed how many women from the PI seem happy to leave their children behind and move to the US.

Cultural norm it seems.

If she has a good job etc then try again.

[Hypnos 6,576]

A lot of the time the decision has already been made before you walk in the building, you are just going to hear what it is.

[aaron2020 11,651]

Well this is not the answer I was looking for but it does answer my question. Now I know what we intended to do is basically illegal. I just wish it was possible to have a rational conversation with an immigration officer to get her a tourist visa since that is really what she needs.

The US Embassy does not have the time or resources for a rational conversation. In addition, it's just flapping gums. Some people will say anything to get to the US and they can be very convincing.

Look through this forum and the PI subforum for the number of people who have abused the visitor visa. How many young single woman from poor countries (including the PI) do you think have abused their visitor visas or some other visa? Look at the people stating their intent to abuse the visitor visas by using them to come to the US, marry a US citizen, and stay. Look at the number of K-1 visa holders who come to the US and never marry the US citizen that petitioned them and ended up living here illegally.

These are the circumstances standing in the way of your fiancee getting a visitor visa.

This is why I suggested that you get marry, establish a life in the PI to show she does not have the intent to use the visitor visa to come to the US to marry you and stay. This is the best path towards a visitor visa IMHO.