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Filed: Timeline
Posted (edited)

I'm a US citizen. My wife is Brazilian and we've been married for 8 months. She was denied a tourist visa last April when we were engaged.

We're going to try to apply for a tourist visas so that we can visit the states for a few months starting in October.

The difficulty will be that we won't be able to provide strong ties to Brazil. I have my permanent residency for Brazil, but I doubt that means much. We don't own a house or property here.

With that said, we're going to Taiwan early next year to attend a school. In reality, we don't plan on going back to Brazil for awhile, we would fly from the US to Taiwan.

It's probably a long shot, but would an acceptance letter to the school help any?

Edited by cupofjoe
Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Unfortunately with the lack of strong ties to Brazil and you being a US Citizen spouse, her tourist visa may again be denied. An acceptance letter from the school won't help as she hasn't made any form of commitment to that school such commencing classes and showing ties to Taiwan. It might have helped if she was attending the school already, though it could still be denied even then. Maybe someone who has succeeded doing this will offer more insight.

Unfortunately with the lack of strong ties to Brazil and you being a US Citizen spouse, her tourist visa may again be denied. An acceptance letter from the school won't help as she hasn't made any form of commitment to that school such commencing classes and showing ties to Taiwan. It might have helped if she was attending the school already, though it could still be denied even then. Maybe someone who has succeeded doing this will offer more insight.

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Posted (edited)

I was told that it wasn't an option because it meant we had to live in the US. Was I fed misinformation?

A spousal visa is an option, your biggest hurdles will probably be establishing domicile in the US and having the funds to sponsor your wife, but certainly not an impossible task. You can read more about it here. http://www.visajourney.com/search/index.php?cx=007424365766759747816%3Auy9flr-th5y&cof=FORID%3A10&q=establishing+domicile&sa=Search&siteurl=www.visajourney.com%2Fcontent%2Fguides&ref=www.visajourney.com%2Fforums%2Fforum%2F145-current-events-and-hot-social-topics%2F&ss=5031j1510771j21

Edited by Teddy B
Filed: Timeline
Posted

I've been reading up on the spouse visa. My funds and income are very...very underwhelming. Honestly, I don't see it as much of an option.

I know i have a big uphill battle, but I think we have to consider the tourist visa and find a way to give us the best chance

Filed: Country: Philippines
Timeline
Posted

A spousal visa is an option, your biggest hurdles will probably be establishing domicile in the US and having the funds to sponsor your wife, but certainly not an impossible task. You can read more about it here. http://www.visajourney.com/search/index.php?cx=007424365766759747816%3Auy9flr-th5y&cof=FORID%3A10&q=establishing+domicile&sa=Search&siteurl=www.visajourney.com%2Fcontent%2Fguides&ref=www.visajourney.com%2Fforums%2Fforum%2F145-current-events-and-hot-social-topics%2F&ss=5031j1510771j21

DCF?

Filed: Country: Philippines
Timeline
Posted

I've been reading up on the spouse visa. My funds and income are very...very underwhelming. Honestly, I don't see it as much of an option.

I know i have a big uphill battle, but I think we have to consider the tourist visa and find a way to give us the best chance

Ok, understood. Lots of good threads about B1/B2's on VJ. Check the embassy website where you'll file for any additional embassy specific requirements.

Good luck.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I was told that it wasn't an option because it meant we had to live in the US. Was I fed misinformation?

Someone definitely gave you incorrect information! Look into spousal visa instead. No need to live in the USA to apply for such.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)

It's indeed an option.

Why spend thousands of dollars and months on something if they don't even plan to live in the US? If she got a green card, she'd lose it when they moved to Taiwan, it makes no sense.

OP, it's tricky because you have to demonstrate your wife will leave at the end of her authorized stay, either to go back to Brazil or somewhere else, but it sounds like she has no strong ties to either Brazil or Taiwan. Having a US citizen husband means she could come on a tourist visa intending to adjust status, which is fraud and what they're trying to prevent.

Best of luck!

Edit to add: the acceptance letter doesn't carry much weight since it's not a commitment.

Edited by F1H1I130
Posted

Why spend thousands of dollars and months on something if they don't even plan to live in the US? If she got a green card, she'd lose it when they moved to Taiwan, it makes no sense.

OP, it's tricky because you have to demonstrate your wife will leave at the end of her authorized stay, either to go back to Brazil or somewhere else, but it sounds like she has no strong ties to either Brazil or Taiwan. Having a US citizen husband means she could come on a tourist visa intending to adjust status, which is fraud and what they're trying to prevent.

Best of luck!

Edit to add: the acceptance letter doesn't carry much weight since it's not a commitment.

Not necessarily. It would depend on how long they plan on living outside the US. I believe the spousal visa came into play because her chances of obtaining a tourist visa may not be that great.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

Not necessarily. It would depend on how long they plan on living outside the US. I believe the spousal visa came into play because her chances of obtaining a tourist visa may not be that great.

True, but if they're going to school I'm willing to bet it's longer than a year, so she'd need a reentry permit. That's a possibility.

Alternatively, getting a green card and surrendering it has worked for some people as proof you don't intend to stay when applying for tourist visas. It's expensive and annoying, but it's been done.

 
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