B1/B2 Renewal

[zachdg 0]

<from a friend>

In June 2010, I was issued a 10 yrs multiple entry visa from renewal, the previous visa was valid from May 2001 to May 2011. I had used it to visit the US in 2009, 2011, 2013 and in February 2016 I had eloped with my current wife (LPR back then, USC now) using that visa, stayed for 3 months and left, I travelled again in  2017 and my last was back in December 2018 to Feb 2019. My Visa is already expired, and since the embassy is closed i cannot renew it. My question is, will it be a problem that i got married using that visa in the past?, can that cause me denial? I am not planning to immigrate at the moment so all i really need is a visit visa but in the future, will it be a problem that we were married on a tourist visa??. 

[SusieQQQ 11,586]

That shouldn’t be an issue in itself, as you didn’t violate visa terms. Having a USC spouse may be, though the fact that you’ve traveled to the US a few times since your marriage and (apparently) never tried to stay should hopefully work in your favor.

[zachdg 0]

1 minute ago, SusieQQQ said:

That shouldn’t be an issue in itself, as you didn’t violate visa terms. Having a USC spouse may be, though the fact that you’ve traveled to the US a few times since your marriage and (apparently) never tried to stay should hopefully work in your favor.

This was posted for a friend but according to him, yes! The visits was for christmases, anniversaries and other events that lasted along 1 to 2 months, depending on the vacation days given. Never tried to stay but in 2018 he was issued a Driver's License that was valid for 1 year and was worried when  he saw in the DS-160 the question "Have you ever obtained a US Driver's License" 

[SusieQQQ 11,586]

That’s odd, you usually need to show proof of legal residence for a DL. Anyway, he has to answer the question honestly.

[zachdg 0]

Just now, SusieQQQ said:

That’s odd, you usually need to show proof of legal residence for a DL. Anyway, he has to answer the question honestly

Thanks! I'll inform him. The DL was issued in Nevada using his I-94 and wife's address

[geowrian 22,337]

Nothing stated is a reason to alone to refuse the visa.

That said, having a close tie to the US - and any other differences in circumstances since the last visa was issued - will be part of the consideration by the CO for a new visa.

 

They issued a state DL to a tourist who was only in the US for 1-2 months? What state was this? (Edit: Answered as I posted this). That's kinda odd. Normally they need to see evidence of some sort of residency (even temporary or illegal, in some states) to issue a DL.

Edited June 5, 2020 by geowrian

[SusieQQQ 11,586]

24 minutes ago, zachdg said:

Thanks! I'll inform him. The DL was issued in Nevada using his I-94 and wife's address

Sounds fishy tbh.  Even the non-federal ID one that doesn’t require proof of legal presence, requires you to be a Nevada resident with two proofs of address. He certainly could get questioned about how he represented this when supposedly on a tourist stay. 

 

https://dmvnv.com/dlresidency.htm

 

[zachdg 0]

2 hours ago, SusieQQQ said:

Sounds fishy tbh.  Even the non-federal ID one that doesn’t require proof of legal presence, requires you to be a Nevada resident with two proofs of address. He certainly could get questioned about how he represented this when supposedly on a tourist stay. 

 

https://dmvnv.com/dlresidency.htm

 

I'm doubting too, that's why i posted it here. i did gather some more info, Their house's deed and utilities was named to the both of them, the License was only valid for 6 months not 1 year (misinformed lol). 

Edited June 5, 2020 by zachdg

[zachdg 0]

2 hours ago, geowrian said:

Nothing stated is a reason to alone to refuse the visa.

That said, having a close tie to the US - and any other differences in circumstances since the last visa was issued - will be part of the consideration by the CO for a new visa.

 

They issued a state DL to a tourist who was only in the US for 1-2 months? What state was this? (Edit: Answered as I posted this). That's kinda odd. Normally they need to see evidence of some sort of residency (even temporary or illegal, in some states) to issue a DL.

I was doubting too to be honest, But he's my friend so i just gave him advice and what not. But what i think he should do is just tell his wife to file an I-130 already since they are planning to do it next year, and it literally takes long (8 to 15 months) for a IR1 petition from the Philippines, that said i did file a IR5 for my mom last march and i think it'll take until next year.

[Loren Y 2,755]

22 hours ago, zachdg said:

Thanks! I'll inform him. The DL was issued in Nevada using his I-94 and wife's address

Yes, In Nevada they will issue a DL or State ID, even a real ID if you can provide the required proof up to the validity or expiration of your I-94. My wife had a few of these( One on I-94, then One with EAD/AP card, then finally got the full term unrestricted with her green card). Ask your friend to look at his NV license, I guarantee it will have a colored bar that says Limited Term on the front, below is a copy of my wifes first ID card here in Nevada. Gold star shows real ID compliant, and it was only issued for about 50 days as that is what was left on her I-94 at the time.

Edited June 6, 2020 by Loren Y

[SusieQQQ 11,586]

8 minutes ago, Loren Y said:

Yes, In Nevada they will issue a DL or State ID, even a real ID if you can provide the required proof up to the validity or expiration of your I-94. My wife had a few of these( One on I-94, then One with EAD/AP card, then finally got the full term unrestricted with her green card). Ask your friend to look at his NV license, I guarantee it will have a colored bar that says Limited Term on the front

Not the point imo - he already said it was limited duration - the issue for a b visa renewal is that he claimed residence during a supposed tourist visit. 

[zachdg 0]

On 6/6/2020 at 12:59 PM, Loren Y said:

Yes, In Nevada they will issue a DL or State ID, even a real ID if you can provide the required proof up to the validity or expiration of your I-94. My wife had a few of these( One on I-94, then One with EAD/AP card, then finally got the full term unrestricted with her green card). Ask your friend to look at his NV license, I guarantee it will have a colored bar that says Limited Term on the front, below is a copy of my wifes first ID card here in Nevada. Gold star shows real ID compliant, and it was only issued for about 50 days as that is what was left on her I-94 at the time.

It does say Limited-Term Driver's License according to him, but it's valid from February 08 to July 29

[SusieQQQ 11,586]

49 minutes ago, zachdg said:

It does say Limited-Term Driver's License according to him, but it's valid from February 08 to July 29

 

On 6/5/2020 at 10:09 PM, SusieQQQ said:

Not the point imo - he already said it was limited duration - the issue for a b visa renewal is that he claimed residence during a supposed tourist visit.