spouse PLEASE HELP !!!

[StoneKay 0]

I am from Nigeria and my wife is a US Citizen. We both live and work in Qatar for over four years now. But we got married [wedding] on "march,2018" here in Qatar. i have applied for a visitors visa so i can met my new families but was denied TWICE, On my last interview the officer suggested i apply for a spouse visa instead. I only want to be visiting i do not plan on staying in the US for now.. 

my Questions

1. Dose getting a spouse visa allows me to still live abroad or do i have to live in the US for a period of time ?

2. what documents do i need to get ready before starting the spouse visa application process? from me and my wife ?

 

Thanks for your help in advance.......

 

 

[geowrian 22,338]

1. A spousal visa is an immigrant visa. As such, you would need to maintain permanent residency within the US or else it will become abandoned. Permanent residency generally includes spending more time within the US than outside of it. It's more complicated than that, but that's a very general guideline.
   1. If your plan is to visit, then a tourist visa is the way to do it. Unfortunately, unless there is a material change in the circumstances, he will continue to be denied.
   2. That said...option 2 would be to get a spousal visa, enter the US on that, then voluntarily abandon permanent residency once abroad again. No guarantees, but it does tend to show a favorable response for any future tourist visa application.
2. Guide: https://www.visajourney.com/content/i130guide1

Note that a spousal visa is a 12-16 month process, and will cost over $1220 + medical.

Edited January 20, 2019 by geowrian

[geowrian 22,338]

Option 3 would be to immigrate to the US and live there until you become a US citizen. One can qualify after 3 years of being a permanent resident via being USC's spouse. Once you're a citizen, you can be abroad as long as you want. That said, both permanent resident and US citizens are taxed on worldwide income (although most to all of it can be excluded from actually paying taxes on it in many cases).

[millefleur 5,047]

It is extremely difficult for a B1/B2 applicant to be approved when they are married to a USC. There is a very strong assumption made by CO's that the applicant will want to stay in the US and live there, which is not the purpose of a B1/B2.

 

You've applied twice for a B1/B2 in a short period of time? That also can be viewed as desperation to get to the US. They assume immigrant intent here. If you want to live in the US and move there, apply for a CR1/IR1. If you have no intention to live in the US with your spouse, don't bother. But keep in mind it will be very difficult to get a B1/B2 in this situation.

 

If the goal is to have the family members meet, you might need to consider a backup plan, such as having them visit you or meeting in a 3rd country.

[nastra30 2,447]

CR1/IR1 AKA spousal visa is basically applying for US greencard to be a permanent resident in the US. I look at this way- with a visitor's visa (B1/B2) you have to proof to the CO that you do not an immigrant intent without fraud but with Spousal visa (CR1/IR1) you have to proof an immigrant intent without fraud. The CO officer refused you B1/B2 visa twice because you didn't convince them enough that you do not have an immigrant intent. Another way to put it, the CO thinks you have an immigrant intent. That's why they are advising you to try the spousal visa route.