Jump to content
Caleb J

Can one obtain a tourist visa while married to a U.S citizen?

By Caleb J in Tourist Visas

 Share

7 posts in this topic

Recommended Posts

Caleb J Contributor

Caleb J   1

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
Posted

So here's the story. I have a relative who is planning in obtaining a tourist visa for his alien spouse. He moved to her country a few years ago and lives here ever since. He's married to her for 2+ years. He's planning on getting a visa for her. In fact he obtained one for his seven- month child (born abroad).

Here are some information. Can it help or hurt her chances?

American Citizen:

-Lives abroad;

-Has a car in his name abroad.

-Has a child abroad.

-Is a religious leader.

-Married previously and helped a former alien spouse immigrate to the U.S

-Has an American child also living abroad with him and spouse.

Alien spouse:

-Has letter of invitation for a religious event in U.S and trip expenses paid for.

-Has no income

-Lives rented home.

-Has a child from previous marriage, and one current to American citizen.

-Has previously travelled to another country.

Does the American citizen having ties to her country help anything or is it up for the alien to prove she's coming back to the country after a trip to the U.S? They aren't planning on immigrating anytime soon . . . so a IRI visa is out of question. Has anyone had success obtaining a tourist visa after being married to an American? What helped?

Thanks!

Pre Immigration:

Oct, 2010: Met my spouse!

May, 05/04/2014: Began dating!

Jan 01/01/2015: Engaged.

Jul 07/17/2015: Married!

USCIS CR-1/IR-1:
Dec 12/28/2015: Mailed I-130 (Chicago Lockbox)
Jan 01/04/2016: NOA 1 (California)
Jan 01/26/2016: NOA 2 (USCIS)
Feb: Sent to NVC.
TOTAL DAYS IN USCIS: 22 days.
NVC Stage
Feb 02/14/2016: NVC received case.
Feb 02/23/2016: NVC issued Case and Invoice #.
Feb 02/25/2016: Received Case & Invoice Number from NVC.
Feb 02/25/2016: Filled out and completed DS-261.
Feb 02/27/2016: Invoice fee to pay Affidavit of Support.
Mar 03/15/2016: Paid Affidavit of Support fee.
Mar 03/18/2016: Affidavit of Support fee paid status.
Mar 03/18/2016: Invoice to pay IV fee, Paid IV fee,
Mar 03/23/2016: Completed DS-260.
Mar 05/11/2016: Ceac Case shows ready and expedited to Rio(unknowingly)
May 05/31/2016: Sent in AOS & IV package.
May 05/31/2016: Case complete. Received Medical Letter and Interview scheduled for June 17th, 2016.
June 06/01/2016: Medical exam schedule for 06/15/2016.
June 06/17/2016: VISA APPROVED!!!

Link to comment
Share on other sites
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

While so may people married to a US citizen have been denied a visitor visa, lots of others have been granted such visas. It's all case by case basis. She should definitely apply for one regardless of the possible outcome and hope for the best. Is he travelling with her? It's usually up to her to show the ties to the country, but if she can provide some evidence that her USC citizen is living with her and working in her country and will return back after the trip, that could also be some sort of her ties to her country to be with her husband.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,519

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Lots of red flags but no harm trying.

“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.”

Link to comment
Share on other sites
gradtaai Explorer

gradtaai   8

Posted
Filed: IR-1/CR-1 Visa Country: Thailand
 Timeline
Posted

Like said above-- lots of red flags. Who is paying for the trip? My wife tried for two tourist visas, refused both times. All the questions asked at the interview were about me (USC). Didn't matter she owned property, car, had her own business, had money in the bank. So now I got her a residency visa. Most likely will return and hand it over for a tourist visa.

Link to comment
Share on other sites
Caleb J Contributor

Caleb J   1

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
  • Author
Posted

Like said above-- lots of red flags. Who is paying for the trip? My wife tried for two tourist visas, refused both times. All the questions asked at the interview were about me (USC). Didn't matter she owned property, car, had her own business, had money in the bank. So now I got her a residency visa. Most likely will return and hand it over for a tourist visa.

Thats what I imagined.. A friend of theirs(who sent the letter) is paying for the trip. So it here's a greater chance for denial then. Hmm. She's going to try this weekend with her husband. They're going to Rio.

Arken-Yes, he's traveling with her.

Pre Immigration:

Oct, 2010: Met my spouse!

May, 05/04/2014: Began dating!

Jan 01/01/2015: Engaged.

Jul 07/17/2015: Married!

USCIS CR-1/IR-1:
Dec 12/28/2015: Mailed I-130 (Chicago Lockbox)
Jan 01/04/2016: NOA 1 (California)
Jan 01/26/2016: NOA 2 (USCIS)
Feb: Sent to NVC.
TOTAL DAYS IN USCIS: 22 days.
NVC Stage
Feb 02/14/2016: NVC received case.
Feb 02/23/2016: NVC issued Case and Invoice #.
Feb 02/25/2016: Received Case & Invoice Number from NVC.
Feb 02/25/2016: Filled out and completed DS-261.
Feb 02/27/2016: Invoice fee to pay Affidavit of Support.
Mar 03/15/2016: Paid Affidavit of Support fee.
Mar 03/18/2016: Affidavit of Support fee paid status.
Mar 03/18/2016: Invoice to pay IV fee, Paid IV fee,
Mar 03/23/2016: Completed DS-260.
Mar 05/11/2016: Ceac Case shows ready and expedited to Rio(unknowingly)
May 05/31/2016: Sent in AOS & IV package.
May 05/31/2016: Case complete. Received Medical Letter and Interview scheduled for June 17th, 2016.
June 06/01/2016: Medical exam schedule for 06/15/2016.
June 06/17/2016: VISA APPROVED!!!

Link to comment
Share on other sites
Caleb J Contributor

Caleb J   1

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
  • Author
Posted

A little update: Her visa was approved, and her daughter is now a U.S citizen.....

Guess it worked out okay . . . my wife's tourist visa was denied last year. But she's now going for the CR1 visa. It better be approved.

Pre Immigration:

Oct, 2010: Met my spouse!

May, 05/04/2014: Began dating!

Jan 01/01/2015: Engaged.

Jul 07/17/2015: Married!

USCIS CR-1/IR-1:
Dec 12/28/2015: Mailed I-130 (Chicago Lockbox)
Jan 01/04/2016: NOA 1 (California)
Jan 01/26/2016: NOA 2 (USCIS)
Feb: Sent to NVC.
TOTAL DAYS IN USCIS: 22 days.
NVC Stage
Feb 02/14/2016: NVC received case.
Feb 02/23/2016: NVC issued Case and Invoice #.
Feb 02/25/2016: Received Case & Invoice Number from NVC.
Feb 02/25/2016: Filled out and completed DS-261.
Feb 02/27/2016: Invoice fee to pay Affidavit of Support.
Mar 03/15/2016: Paid Affidavit of Support fee.
Mar 03/18/2016: Affidavit of Support fee paid status.
Mar 03/18/2016: Invoice to pay IV fee, Paid IV fee,
Mar 03/23/2016: Completed DS-260.
Mar 05/11/2016: Ceac Case shows ready and expedited to Rio(unknowingly)
May 05/31/2016: Sent in AOS & IV package.
May 05/31/2016: Case complete. Received Medical Letter and Interview scheduled for June 17th, 2016.
June 06/01/2016: Medical exam schedule for 06/15/2016.
June 06/17/2016: VISA APPROVED!!!

Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   45,292

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thanks for the update with the good news.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...