Tourist visa for Kenyan Spouse

[MaggieD 0]

I have recently married a Kenyan man and we are currently traveling in Asia. I want to visit my parents in the U.S. because my father is having a maor surgery. I need to be there for his recovery so it could take some months. We want to ge the 5 yr kenyan tourist visa now, not a K3 or K1. Only a visa that will allow him to visit. Has anyone gotten this visa or had any experience with it? 

[JE57 239]

So if I understand you correctly you'd like to get a US tourist visa for your Husband who is a Kenya National to visit the USA with you. He would apply for a tourist visa at a US embassy Ideally in Kenya but if you are on long holiday in Asia he could (in theory) apply at any US embassy or consulate where you are staying.   However, to get the VISA he must prove strong ties to his home country or the country in which he currently resides.   That would normally mean owning property or significant job/income.  You being a US citizen married to him makes it less likely that he would obtain such a VISA.   (UNLESS you are married and you both reside in Kenya and  you have a strong ties (JOB/PROPERTY/ETC) in Kenya then perhaps he might be granted based on being married to you and you being his strong tie to Kenya..  However, that is also unlikely.  

It seems unlikely that he would get a tourist visa and there isn't a more appropriate visa for your circumstances unless you want to get a spousal visa (K1 is not an option because you are already married). 

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If he gets the VISA it will be valid (likely) for 10 years for multiple entries the length that he is allowed to stay on each entry is determined when he enters the USA but is typically granted at 6 Months..   However, he should in general plan to spend twice as much time out of the USA than in the USA and the VISA does not guarantee that he'd be admitted when presenting at the US border. 

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  Good luck and prayers for your father.

[mrmvkjts 459]

As stated above, not an easy thing for you to get!

 

Kenya is considered a high fraud country and you would need a LOT of proof that you’re husband is not intending to illegally immigrate to the US!

 

I wish you all the best!

[Going through 5,671]

Would be very difficult for him to get a tourist visa---- one reason being where he is from, and the other being that he is married to a USC.  Once the CO asks who he's travelling to the US with, and he says "my USC wife", that can be a third reason for a denial.  The CO is going to automatically assume your husband intends to adjust status from within the US and circumvent immigration law.

 

IF, and it's a big IF, he were to get approved, still doesn't put him in the clear since POE can still deny him at the border even with a valid visa in hand---or stamp in his passport that he may only stay for a few weeks.  Both circumstances have happened plenty of times to members here.

 

Simpler if you travel to the US alone to care for your father for those few months, since you have guarantee of entry as a citizen.

 

Otherwise, there's nothing stopping him from trying.  Just keep in mind you cannot sponsor his tourist visa in any way, and he must be approved based on his merits alone---hopefully he has strong ties (home ownership, job, financial means, etc.) to Kenya to show the CO.

[Going through 5,671]

59 minutes ago, JE57 said:

(UNLESS you are married and you both reside in Kenya and  you have a strong ties (JOB/PROPERTY/ETC) in Kenya then perhaps he might be granted based on being married to you and you being his strong tie to Kenya..  However, that is also unlikely.  

Unlikely, as you said...especially considering he would be travelling with the USC wife----ties are normally what you leave behind to return to...so in that context, I don't believe she can be considered a strong tie to Kenya if she's going with him...

[MaggieD 0]

Thank you so much for the replies. We rent a house in Kenya and I am applying for my Kenyan residency. Do you think this would help? We don't want to live in the US at this time, however I just don't want to be seperated from him for an indefinite amount of time. 

 

Also I thought he couldn't adjust status within the US. Any suggestions on what we should do instead? the K3 seems impossible and K1 seems confusing because we are already married in Kenya. Should I go home and work on it from there? 

Edited March 12, 2018 by MaggieD

[Going through 5,671]

6 minutes ago, MaggieD said:

We rent a house in Kenya

Does not help (rentals can be given up at any time, not the same as owning the property), but at least shows a stable residence.

 

6 minutes ago, MaggieD said:

I am applying for my Kenyan residency.

Doesn't hurt---but won't make much of a difference to the CO either, since the application is based off of HIS information/circumstances, and not your own.

Edited March 12, 2018 by Going through

[EandH0904 1,184]

7 minutes ago, MaggieD said:

Also I thought he couldn't adjust status within the US. Any suggestions on what we should do instead? the K3 seems impossible and K1 seems confusing because we are already married in Kenya. Should I go home and work on it from there? 

You can adjust status, you just aren't supposed to. A k1 is for unmarried couples so it wouldn't apply to you. 

[Going through 5,671]

14 minutes ago, MaggieD said:

Also I thought he couldn't adjust status within the US.

You can---but it's not something that should be done with intent when crossing the border.  

Unfortunately, many people apply for tourist visas and then "all of a sudden change their minds" as soon as they cross into the US and adjust status instead of going back home after their "vacation".

This is why the CO needs to see strong ties from him proving his intent to go back to Kenya, as the CO will presume your husband intends to stay in the US.

Edited March 12, 2018 by Going through

[MaggieD 0]

Actually he does own some property in his hometown. He has no children but is financially responsible for two orphaned nieces. Perhaps this would help. Or K3 would be our only option. K3 seems to take years though. 

 

[Going through 5,671]

2 minutes ago, MaggieD said:

Actually he does own some property in his hometown. He has no children but is financially responsible for two orphaned nieces. Perhaps this would help. Or K3 would be our only option. K3 seems to take years though. 

 

K3 is pretty much obsolete now----he would be eligible for the CR-1 (spouse visa)...about a year and a half processing time.

Edited March 12, 2018 by Going through

[Mollie09 1,543]

So now you're talking about getting a K3 / CR1, but you said you just wanted him to visit the US with you to see your father? CR1 is for moving to the US permanently, not visiting, so which one are you looking for?

[Unlockable 7,314]

19 minutes ago, MaggieD said:

Actually he does own some property in his hometown. He has no children but is financially responsible for two orphaned nieces. Perhaps this would help. Or K3 would be our only option. K3 seems to take years though. 

 

K3 is obsolete and are rarely approved. Out of the tens of thousands of immigrant visa USCIS approves per year there are only a few hundred K3's that get approved. K3's usually get denied and converted to CRi/IR1.

 

The reason your husband is a high risk is because he can adjust status through you in the US. Many people do that because it is kind of a way to skip the line, so to speak. It is because people don't want to be separated for long periods of time which is something you already admitted to in an earlier post (not insinuated that you are going to do it).

[Dashinka 24,520]

1 hour ago, MaggieD said:

Actually he does own some property in his hometown. He has no children but is financially responsible for two orphaned nieces. Perhaps this would help. Or K3 would be our only option. K3 seems to take years though. 

 

Are you planning on staying in the US?  If not, then the CR1 is not for you and your spouse.

[Boiler 45,564]

He can apply for a B.