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Filed: Other Timeline
Posted

"What does she do? " means does she work, stay at home, a student? That WILL be important at her tourist visa interview. A student, business owner, employee would have trouble arranging a 6 month break.

A child is a strong tie. But a new spouse in the US would likely be seen as a stronger tie. Remember that EVERY visa applicant is assumed to have immigrant intent. So it is the responsibility of the person applying to prove that they will return to their country at the end of the trip. A spouse does not have a right to visit the US just because they are married to a citizen.

You may not like the answers that you are receiving, but they come after a lot of time spent going through immigration personally and observing the postings of Visa Journey members seeking similar advice.

And for what it's worth, the embassy is not where the time of stay decision is made. The immigration officer at the airport will determine how long she can stay. You can plan for 6 months, but may be given less time (a few weeks to a few months).

Do some reading in the MENA regional forum here on VJ (Middle East, North Africa) to discover specific information about people at the Casa embassy.

Thanks man see this kind advice I do need. I will definetly go and read in this forum. see my thing is the immigration officer cant be this dumb because if I want her to stay her forever I will just apply for her green card as I have a right to do so. I mean they gotta look at this as well. Who wants to risky thier love ones to do something illegal by keeping them here forever on tourist visa when you can bring them here as a green card holde and thwy can stay here as long as they want AND THAT IS MY POINT.

see my thing is the immigration officer cant be this dumb because if I want her to stay her forever I will just apply for her green card as I have a right to do so. I mean they gotta look at this as well. Who wants to risky thier love ones to do something illegal by keeping them here forever on tourist visa when you can bring them here as a green card holde and thwy can stay here as long as they want AND THAT IS MY POINT.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Why have you not applied?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Timeline
Posted

Why have you not applied?

Because like i said she can't wait here till all her paper wotk is straighten up do she can travel back because she can't stay away from her son more than 4 months or 6 months. Plus I missed her terribly and I want to see her. So we thought tourist vida she can come for few months and go back and keep doing that till she can get sole custody for her son then we all can be togheter. Do you understand what I am going thru now?
Filed: K-1 Visa Country: Wales
Timeline
Posted

Have you thought of moving? Would seem easier.

Did not realise that the child is somebody else's, I would imagine it gets complicated with child custody.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Timeline
Posted

Have you thought of moving? Would seem easier.

Did not realise that the child is somebody else's, I would imagine it gets complicated with child custody.

Yes the child is from her previuos marriage. And her exhusband won't give her sole custody. I wish if it was easier to move but I am stable here and its gonna be hard for me to find a job and support a family over there. So we decided she come see me for few months then i go see her for few weeks due to my job.

Filed: K-1 Visa Country: Wales
Timeline
Posted

I would see if she can get a Visitor Visa before you make too many plans.

Also look at the IRS substantive presence test and bear in mind that if she does get a visa and appears to be abusing it there will come a point where it will be an issue seeking entry.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Timeline
Posted

I would see if she can get a Visitor Visa before you make too many plans.

Also look at the IRS substantive presence test and bear in mind that if she does get a visa and appears to be abusing it there will come a point where it will be an issue seeking entry.

No way we do not play with the law. All we want is to see eachother for the period that hopefully they will approve and go back that's all.

Filed: Other Country: United Kingdom
Timeline
Posted

Thanks man see this kind advice I do need. I will definetly go and read in this forum. see my thing is the immigration officer cant be this dumb because if I want her to stay her forever I will just apply for her green card as I have a right to do so. I mean they gotta look at this as well. Who wants to risky thier love ones to do something illegal by keeping them here forever on tourist visa when you can bring them here as a green card holde and thwy can stay here as long as they want AND THAT IS MY POINT.

It's not the immigration officer being dumb, it's the amount of spouses who get their tourist visa after promising the officer that they only want to visit and then change their mind as soon as they get to the States and apply to adjust their status.

THAT is what they are wary of when deciding to approve or deny a spouses tourist visa. You may be only interested in doing things in the right and proper way but unfortunately the actions of all the people before you who decided they didn't want to wait for a proper spouses visa means that the innocent people get punished.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: Other Timeline
Posted

It's not the immigration officer being dumb, it's the amount of spouses who get their tourist visa after promising the officer that they only want to visit and then change their mind as soon as they get to the States and apply to adjust their status.

THAT is what they are wary of when deciding to approve or deny a spouses tourist visa. You may be only interested in doing things in the right and proper way but unfortunately the actions of all the people before you who decided they didn't want to wait for a proper spouses visa means that the innocent people get punished.

Well that is messed up. Because if she have sole custody i will already apply for her and her son, but unfortunately we cant at the moment. And when I said about immu officer can't be dumb i meant that wven if she come here as tourist visa and we try to change status they may deny us because was wrong entry for het to the state. So who wants to slim thier chances of havibg thier love ones close to them. I hope you understand what I am saying. If we were just engaged that may be wierd but we are married as I ve a right to apply for her but visa tourist works best for our situation. But they gotta treat every case undividual as they promissed they can't build and judge it on how many people screw up or abusing the visa system. Thank you.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Has she applied for a Visitor Visa?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

Nothing much to prepare, you fill the form in and go to the 'interview'.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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