Tourist Visa for my Wife

[SusieQQQ 11,587]

4 hours ago, Boiler said:

There is a waiver for the ban.

For a non-immigrant visa? Ok

[jan22 3,056]

12 hours ago, AlexSouthAmerica said:

Hopefully whoever we deal with in regards to getting a new visa will have common sense and just let her get another visa. She has been here 4 previous times and only overstayed to be with me this time. She has no intent of immigrating here and I have no intent of staying if we do indeed leave. We still have a few more people to meet with before making a decision, but it seems it's a matter of circumstances and who we end up dealing with when the time comes to apply for a new visa.

 

Thanks for the input everyone, I really appreciate it! If anyone has any similar experiences, stories, or other information, please add to the discussion. I will definitely be checking back here often.

It's not a matter of common sense -- its a matter of law.  Law and common sense frequently are unrelated. 

 

Law requires the officer to start with the assumption that your wife is an intending immigrant until she can convince them otherwise.  Although she used her previous visa in accordance with the law three times, the last (most recent) time she used it she overstayed.  That's something the officer will need to take a careful look at and be convinced won't happen again.  Pretty high bar to start from.

[Pennycat 880]

19 hours ago, Boiler said:

There is a waiver for the ban.

 

There's a waiver for the ban if they're trying to come back on a spouse visa or something but a tourist visa? I was long under the impression that once you've overstayed or otherwise abused a tourist visa, you were unlikely to be given another.... no?

 

 

OP: I really think that the lawyers may have been not talking about the bans themselves (maybe I'm not sure) but the general liklihood of getting a tourist visa after misusing the first one. The bans are bans from *any* visa, or entry in general (and are able to be waived for spouses/family for hardship reasons) but she'd not be guaranteed to get another tourist visa, ban or no ban and maybe that's what the lawyers were saying? That's always been my understanding of the situation. So she wouldn't be banned from the US generally (after the 3 years are up)-- she could still come back on a spouse visa, but they probably won't be in a rush to approve a tourist visa. 

[Boiler 45,743]

1 hour ago, CatherineA said:

 

There's a waiver for the ban if they're trying to come back on a spouse visa or something but a tourist visa? I was long under the impression that once you've overstayed or otherwise abused a tourist visa, you were unlikely to be given another.... no?

 

 

OP: I really think that the lawyers may have been not talking about the bans themselves (maybe I'm not sure) but the general liklihood of getting a tourist visa after misusing the first one. The bans are bans from *any* visa, or entry in general (and are able to be waived for spouses/family for hardship reasons) but she'd not be guaranteed to get another tourist visa, ban or no ban and maybe that's what the lawyers were saying? That's always been my understanding of the situation. So she wouldn't be banned from the US generally (after the 3 years are up)-- she could still come back on a spouse visa, but they probably won't be in a rush to approve a tourist visa. 

D3 mentioned earlier in the thread. Couple of times.