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Filed: Other Country: Colombia
Timeline
Posted

I am a retired US citizen, married to a Colombian and have lived in Colombia for 10 years. We do not plan or intend to live in the US. Our life here is perfect for us.

 

My wife would like to travel to Disneyland with her 8 year old daughter. She owns her own home, car, has a close immediate family and also has bank accounts. She does not have a career at this time. I would remain in Colombia and not travel with them. They have no intent or desire to live in the USA. She does know some of my family (Mother, sister, friends) from their visits to Colombia. They will not visit any family or friends. The purpose of the trip is to go to Orlando for the attractions.

 

I have received conflicting answers to her tourist visa eligibility. 

 

Some say she would require a spousal visa because we are married and that fact precludes her from qualifying for a tourist visa. If that is true...... because we do not intend or have any desire to live in the US, is it true I am precluded from sponsoring  her for a spousal visa?

 

Does anyone know if it is a fact that my wife and daughter are precluded from tourist visas because we are married?

 

If it is a fact that I cannot sponsor her for a spousal visa and she would not qualify for a tourist visa as a result of our marriage, then what are her options?

 

Thanks,

 

Robert

Posted

The tourist visa would be the correct visa to use to visit the US. Doing a spousal or other immigrant visa would be incorrect if you do not intend to live in the US as your permanent residence.

 

If the child is a USC, then she doesn't need a visa (just a passport).

Your wife needs to qualify on her and show her ties to return home. It is whatever it is...the only way to know if she will be approved is to apply. Good luck.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

The fact of being married to a USC does not preclude anyone from being eligible for a tourist visa, it just means that there will be more scrutiny on the applicant because having a USC spouse means the applicant has a strong tie to the US. It is the applicant's job to prove that they do not have intent to immigrate and have strong ties to the country where they currently reside and intend to return there.

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Filed: Timeline
Posted

Why are you not going with them?

 

Seems odd you would allow your wife and her daughter to travel to a new country for the first time, to 'visit attractions' and not want to be there with them?

 

If I was the CO interviewing her I would think it was suspicious.

 

To be honest if she has no job its a 99% denial anyway.

Posted
57 minutes ago, az2014 said:

Why are you not going with them?

 

Seems odd you would allow your wife and her daughter to travel to a new country for the first time, to 'visit attractions' and not want to be there with them?

 

If I was the CO interviewing her I would think it was suspicious.

 

To be honest if she has no job its a 99% denial anyway.

 

I don't think it is a 99% denial. She owns property. 

 

Why would you judge someone for not going on a vacation? Disney is crazy and unless so have a lot of energy, it is not a vacation but work of being in lines and lines and a lot of people. Maybe he does not want to go through the stress and also, it is a lot of money to spend on a "non-holiday". 

Filed: Timeline
Posted
17 hours ago, Coco8 said:

 

I don't think it is a 99% denial. She owns property. 

 

Why would you judge someone for not going on a vacation? Disney is crazy and unless so have a lot of energy, it is not a vacation but work of being in lines and lines and a lot of people. Maybe he does not want to go through the stress and also, it is a lot of money to spend on a "non-holiday". 

Have you ever applied for a B2 visa? From your response I highly doubt it. A job is the first tie they ask about.

 

As you said Disney is crazy and to let your wife and her daughter go alone and not be there with them to experience it, help them, show them around is very odd and selfish.

 

No job...USC husband..travelling with daughter to 'go to Disney'... sounds like a set up to overstay... easy peasy denial.

Posted
24 minutes ago, az2014 said:

 

 

As you said Disney is crazy and to let your wife and her daughter go alone and not be there with them to experience it, help them, show them around is very odd and selfish.

 

 

Sorry but I think this is a strange view to have. I could understand letting your wife and daughter go alone to some really violent unstable country is odd. To Disneyland, not so odd. You don’t need “help” to be “shown around” or to survive Disneyland, trust me, I’ve done it alone with a kid and can certainly also understand why a spouse would want to avoid it!! It’s also a very expensive way to spend a few days of something you don’t want to do.

Filed: Other Country: United Kingdom
Timeline
Posted
On 12/12/2017 at 8:17 PM, az2014 said:

Why are you not going with them?

 

Seems odd you would allow your wife and her daughter to travel to a new country for the first time, to 'visit attractions' and not want to be there with them?

 

If I was the CO interviewing her I would think it was suspicious.

 

To be honest if she has no job its a 99% denial anyway.

 

On 12/12/2017 at 9:16 PM, Coco8 said:

 

I don't think it is a 99% denial. She owns property. 

 

Why would you judge someone for not going on a vacation? Disney is crazy and unless so have a lot of energy, it is not a vacation but work of being in lines and lines and a lot of people. Maybe he does not want to go through the stress and also, it is a lot of money to spend on a "non-holiday". 

I always try to imagine how a suspicious CO might view things.

 

I'd say that not wanting to go on vacation is not so suspicious, and if that's how this family wants to spend their leisure money then that's up to them.

 

BUT...

Trying to think how a CO might view it, they could be suspicious that the applicant might be saying that their USC spouse isn't joining them simply because they think that might be helpful to get approved and that in fact the USC was always going to be travelling with them.

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

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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