Tourist visa to green card without spouse sponsorship, maybe Vawa? (merged)

[John Doe 12 0]

Hello I am a us citizen and I am married to a non us citizen spouse who has a us tourist visa. I reside with my spouse outside the USA. My non us citizen spouse also resides outside the USA and posesses a us tourist visa. I plan to live outside the USA and my spouse would like to live most probably in the USA or at the very least have a green card. I have been married to my spouse for about 1 year and 11 months. I would not like to sponsor my spouse for a green card because most likely she would go to live in the USA and I wouldnt like that.Can a non US citizen apply for a green card after 2 years of marriage if the US citizen’s spouse refuses to sponsor the non-US citizen’s spouse green card?

 

Thanks

Edited November 13, 2017 by Penguin_ie
forgot something

[Boiler 45,921]

No

[John Doe 12 0]

 

 

Hello

 

Can a non us citizen spouse with a B2 tourist visa petition for a green card under the VAWA violence against woman act if the us citizen spouse who resides outside the USA refuses to sponsor the non us citizen spouse for a green card?

 

thanks.

Edited November 13, 2017 by Penguin_ie
empty space

[Unshakable Faith 493]

No. There is no requirement that a USC file for their foreign spouse.  VAWA is for abuse.

 

Additionally, in order for the foreign spouse to be able to obtain a green card, the US citizen has to be domiciled in the US (or prove that they plan to be domiciled in the US) before a Visa would ever be issued to the spouse.

Edited November 13, 2017 by Unshakable Faith

[Dianalorena 1,153]

So, you're saying that you never want to help your spouse get a green card because you don't want her to want to live in the U.S, ever... even if you're clearly stating that she desires to live there at some point? To answer your question no, she has no access to a green card without you filing for a green card, sponsoring her, the whole nine yards. 

I also recommend you talk about this, from what you wrote it seems that you want different things and that can create a lot of tension in a relationship that could be irreparable in the future.

[SusieQQQ 11,587]

1 hour ago, John Doe 12 said:

Hello I am a us citizen and I am married to a non us citizen spouse who has a us tourist visa. I reside with my spouse outside the USA. My non us citizen spouse also resides outside the USA and posesses a us tourist visa. I plan to live outside the USA and my spouse would like to live most probably in the USA or at the very least have a green card. I have been married to my spouse for about 1 year and 11 months. I would not like to sponsor my spouse for a green card because most likely she would go to live in the USA and I wouldnt like that.Can a non US citizen apply for a green card after 2 years of marriage if the US citizen’s spouse refuses to sponsor the non-US citizen’s spouse green card?

 

Thanks

Am I misreading this - you don’t want her to get a GC because if she does she’ll go live in the US while you’ll stay outside? 

Or do you (hopefully) just mean she’ll put pressure on you to move to the US?

[John Doe 12 0]

I live outside the USA, and my spouse already lives in the USA for periods of time with the B2 visitors visa in the form mostly of two  two to four month periods anually. I am a stay at home spouse. The non us citizen spouse is the bread winner. The non citizen spouse says that with the posession of green card travel to the USA would be easier and employment opportunities would be better, however I believe that if the non citizen spouse gets the green card that would mean most probably establishing permanent residence in the USA which I who currently live outside the USA dont  find particulary interesting as we have a child in common and my mother takes care of our child and if my spouse who is not so compassionate with children moves to USA permanently that would mean that our child would probably suffer under the non us citizen spouse un compassionate care. 

[Pinkrlion 2,724]

I believe this is the spouse posting, this is not the only post asking this question.

 

immigration is not a right just because you are married to a US Citizen.  If your us spouse does not plan to live in the US, you have no legal immigration options.  He does not have to file for you.

Edited November 13, 2017 by Pinkrlion

[JE57 239]

This link details the exceptional conditions that might apply here....  https://www.uscis.gov/humanitarian/battered-spouse-children-parents

Note: that it may be possible for the abused spouse to enter the USA on a B2 visa and then file.   It wouldn't lead to a green card but possibly with a propensity of proof of abuse could lead to a granting of deferred action and the ability to obtain working rights in the USA.   

-

Simply refusing to file for non US citizen spouse is would not meet the bar of abuse if both  live overseas.  

Entering the USA on a B2 visa with the intent to file for adjustment of status would be immigration fraud. 

-

If you are the non-USC spouse this is likely not a valid path to the USA and if you are being abused you should get safe.  Also, USC living abroad has no legitimate way to file unless that USC intends to return to living in the USA.      If you are the USC worried that your spouse will attempt this then make sure your spouse understands that refusal to file while living abroad is not abuse in and of itself and that even if non usc spouse  were admitted to the USA on the B2 and successfully filed for adjustment of status then it's unlikely to lead to a green card.  If you are the USC and your spouse has valid grounds for claiming abuse then please consider getting help ASAP or divorce in country of residence

[John Doe 12 0]

Thank you pinkrlion.

[John Doe 12 0]

10 minutes ago, JE57 said:

  If you are the USC worried that your spouse will attempt this then make sure your spouse understands that refusal to file while living abroad is not abuse in and of itself and that even if non usc spouse  were admitted to the USA on the B2 and successfully filed for adjustment of status then it's unlikely to lead to a green card.

Thank you JE57.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[John Doe 12 0]

Hello

Can a non US citizen who has B2 tourist visa and is married to a us citizen who resides outside the USA enter the USA and file for a status adjustment without the us citizen spouses sponshorship?".

 

thanks

[pushbrk 13,044]

The US Citizen spouse MUST be the primary/first sponsor of any immigration process for a foreign spouse.  Although the US Citizen IS in a "marriage" no matter the citizenship or status of their spouse.  Making this a power battle between spouses, allows for winning the battle while losing the war.  It works both ways.  Be wise.

[geowrian 22,338]

First, you can only qualify for AOS if you're in the US.

Second, you cannot enter the US on a tourist visa with intent to stay / file for AOS. That is clear visa fraud.

Third, in order to get a green card via family-based immigration (AOS or an immigrant visa), you must have a sponsor. The sponsor would be the petitioner (USC spouse in this case). No sponsor = no green card.

[NigeriaorBust 4,087]

  Your spouse isn't allowed to work in the US on a visitors visa.  If they go for a green card they may discover that they have worked ( if I read your post correctly )