Refused for having a warrant of arrest

[Jamila ak 1]

I am an expat with a warrant for my arrest in the states,  also I am married with two children who are both also citizens,  but unfortunately my wife is not a citizen and haven't applied for an i130, she filed for a visa and got denied,  she wanted to visit the states for 2 weeks during the spring vacation and her visa was denied , they didn't give a reason but can it be possible that it's due to my arrest warrant? Thanks in advance. 

[dwheels76 5,468]

Probably has everything to do with her not having strong ties to her country and that she is married to a US citizen. Not your arrest. How would they know. They are looking at her and if she will return when she is suppose.

[Boiler 45,549]

Agree more likely the standard 221g

[millefleur 5,046]

Was she not given a paper at the end of the interview stating the denial? The common reason is 214(b) which is lack of ties to home country or ties to America are stronger than that of home country, such as having a USC spouse.

[Jamila ak 1]

Thank you guys , makes sense 

[igoyougoduke 1,656]

6 hours ago, Jamila ak said:

I am an expat with a warrant for my arrest in the states,  also I am married with two children who are both also citizens,  but unfortunately my wife is not a citizen and haven't applied for an i130, she filed for a visa and got denied,  she wanted to visit the states for 2 weeks during the spring vacation and her visa was denied , they didn't give a reason but can it be possible that it's due to my arrest warrant? Thanks in advance. 

odds that she wont return back to home country is 100% with a US husband. file for a immigrant visa petition if you want her to come to US. no other way around. 

Edited December 14, 2021 by igoyougoduke

[Dashinka 24,514]

11 hours ago, igoyougoduke said:

odds that she wont return back to home country is 100% with a US husband. file for a immigrant visa petition if you want her to come to US. no other way around. 

The USC husband is not living in the US based on the OP.

[millefleur 5,046]

7 hours ago, Dashinka said:

The USC husband is not living in the US based on the OP.

It doesn't matter, the odds of OP getting a tourist visa are low. The arrest warrant clearly doesn't help but in general having a USC spouse will make it very difficult. Even when the USC spouse lives abroad and has been living abroad for years, it's common to get the 214(b) denial, it happened to us when my husband applied despite that I had a years long work visa and had been living abroad for years. There's often a strong suspicion that the spouse will use the tourist visa to enter and adjust status and it's hard to overcome, even when the USC lives abroad. It's probably harder in some countries than others, given overstay patterns by nationality.

 

I've seen threads here on VJ where a foreigner + USC spouse both living abroad had to attempt like 4 or 5 times before finally getting a B approved. Or the even more extreme route: file the I-130, get the GC and then relinquish the GC to prove you have no interest in living in the US, then maybe they will see you have no immigrant intent to approve the B.

[Boiler 45,549]

OP has mentioned she lives in Lebanon now quite how you persuade the Consulate you will go back I have no idea.

[Dashinka 24,514]

1 hour ago, millefleur said:

It doesn't matter, the odds of OP getting a tourist visa are low. The arrest warrant clearly doesn't help but in general having a USC spouse will make it very difficult. Even when the USC spouse lives abroad and has been living abroad for years, it's common to get the 214(b) denial, it happened to us when my husband applied despite that I had a years long work visa and had been living abroad for years. There's often a strong suspicion that the spouse will use the tourist visa to enter and adjust status and it's hard to overcome, even when the USC lives abroad. It's probably harder in some countries than others, given overstay patterns by nationality.

 

I've seen threads here on VJ where a foreigner + USC spouse both living abroad had to attempt like 4 or 5 times before finally getting a B approved. Or the even more extreme route: file the I-130, get the GC and then relinquish the GC to prove you have no interest in living in the US, then maybe they will see you have no immigrant intent to approve the B.

Yeah, I was not suggesting this would make it any easier for the foreign National spouse to get a B2, I was just clarifying the facts from the OP.

Edited December 14, 2021 by Dashinka