Spouse of U.S. citizen- Non-Immigrant Visa to visit the U.S. while living in Spain

[allisondb8 0]

My husband is Cuban and I am American, however I am living in Spain (on a highly qualified worker visa, for those who know the Spanish visa system.) We are in the process of doing the paperwork to bring him here to Spain. Although a future in the U.S. is a possibility (meaning we would be getting an IR-1 visa or K3 depending), it is our intention to live and work in Spain for at least the next few years.

In the meantime, I go home to Connecticut every summer and of course would like him to be able to travel with me, visit my home, family, etc. Is our only option a visitor visa or could the IR-1 visa work as a non-immigrant travel visa even if we do not intent to then start the process for a green card, etc.?

If the only option is a visitor's visa, we would have to wait until he was back in Spain and was able to prove sufficient ties to Spain. Note that he was rejected in June for a visitor's visa from Spain because he was in Europe on what Cuba calls a "mission" and not a full-time job.

Is there any loophole to make it easier for the spouse of an American to VISIT the U.S. as a non-immigrant?

Any advice would be appreciated!

[Gorkhali 214]

Your last line was killer.. Is there any loophole.. Hell ya .. If u find do let us know coz many of us suffer so badly when wife is sick or in trouble can't get a visa coz we are already in system

Ur hubby choice is visitor visa but I don't see bright chance coz as he is married to us national chance of illegal immigration is high ( that's how embassy will see. Not me)

[Penguin_ie 5,993]

**** Moving from CR-1 spousal visa to What Visa form ******

The answer is yes and no. A spousal visa automatically leads to a greencard, which he is not elligible for if he resides abroad, in Spain. A spousal visa is also very expensive, and takes over a year to get. That being said... if he tried for a tourist visa again and gets rejected again, and you have the money, there is something worth a try:

- Get the spousal visa

- Visit the USA

- Once the greencard arrives to the US address (have it sent to a friend or family member, as it takes up to three months to get),have them send it to you in Spain

- Have your husband send the greencard to the local US embassy, with a letter saying he is formally giving back his greencard as you have decided to live abroad, and he would ask for a tourist visa. This is almost always granted, because the reason tourist visas are refused is because of "suspected immigrant intent", and if you had a greencard, you were allowed to immigrate but decided against it.

- Apply for another IR-1 spousal visa when you are ready to move to the USA in a few years. you will have to pay all the fees again and wait a year again.

[Hardfacts123 50]

Penguin, it is illegal to send a passport or green card overseas, if it is confiscated by the US postal service or FedEx, or any other mail carrier service it will be turned over to the FBI. This is in place to stop fraudulent use of official US documentations. I would think someone in a mod position would not offer advice that could constitute fraudulent behavior.

I understand you were trying to be helpful, but if a statement hinders on the basis of advise that the US government offers in regard to their documentation we should try not to suggest otherwise. Because others have done it and have not been caught, doesn't mean it is correct. ignorance of the law doesn't make it right, it only constitute a reason why lawyers are needed.

[Lemonslice 4,853]

Penguin, it is illegal to send a passport or green card overseas, if it is confiscated by the US postal service or FedEx, or any other mail carrier service it will be turned over to the FBI. This is in place to stop fraudulent use of official US documentations. I would think someone in a mod position would not offer advice that could constitute fraudulent behavior.

I understand you were trying to be helpful, but if a statement hinders on the basis of advise that the US government offers in regard to their documentation we should try not to suggest otherwise. Because others have done it and have not been caught, doesn't mean it is correct. ignorance of the law doesn't make it right, it only constitute a reason why lawyers are needed.

Source?

[Hardfacts123 50]

The source is the US postal service fraudulent mail division. since I have personal contacts within the unit, you can google the phone number and ask. Second, you should understand that sending information through the mail that was not orginally directed to the receiver in the orginal content, without the authoriation of the orginal sender is fraud. The US government states on it envelope that its mail can not be forwared.

if it is not dlivered to the orginal receiver than it should be sent back to the orginal sender.

[Transborderwife 4,666]

The source is the US postal service fraudulent mail division. since I have personal contacts within the unit, you can google the phone number and ask. Second, you should understand that sending information through the mail that was not orginally directed to the receiver in the orginal content, without the authoriation of the orginal sender is fraud. The US government states on it envelope that its mail can not be forwared.

if it is not dlivered to the orginal receiver than it should be sent back to the orginal sender.

Interesting...

"If you left your green card in the U.S., try to arrange for someone to send it to you overseas."

http://singapore.usembassy.gov/mobile//permanent-residents.html

[Hardfacts123 50]

If you left your green card in the US you should be going to the US consular in the visiting country to obtain a temp re- entry permit.

Think about this, whay are re entry permits mailed to the overseas consulars rather than personal addresses. Changing the envelope is the same as forwarding it.

This is a immigration site, which we should be trying to get people to follow the immigration laws so they can have good and positive outcomes.

I am not an advocate of because someone has done it and got away with it, that it is now the norm.

[Transborderwife 4,666]

That doesn't change the fact that an official U.S. Embassy/consulate site is advocating for it.

[KierenHby 899]

"... it is illegal to send a passport or green card overseas,..". "....This is in place to stop fraudulent use of official US documentations..."

No it's not.

Appropriate transport and use of official US documents by intended recipient or beneficiary is valid and legal.

[Penguin_ie 5,993]

Several embassy websites suggest postal delivery of greencards; additionally, many VJers have done so without any problems.

Unless you can quote an official source for your assertion that such is illegal, please stop arguing.

Edited August 31, 2015 by Penguin_ie