Spousal visa for student

[Bob44 12]

THAT was super helpful. I don’t think the attorney mentioned advanced parole. So we will likely go with the tourist visa route. She’s gotta go in three months and I’d rather travel and live in Colombia at this point. Hopefully she gets the tourist visa. Thanks!

[Crazy Cat 41,845]

8 hours ago, Bob44 said:

Thanks again for your help. She is in an English Immersion program here that is short. She was a military attorney in Colombia and is on sabbatical. So no, she’s not working nor have time for it. 
 

The attorneys we talked to here said if we married here and filed  and adjusted her status she couldn’t leave and return. Which I think is one of the bad policies we have. Was the attorney wrong? Should get married, file, change status and then live elsewhere for two years? That’s the crux. We both have relationships in our countries so if we go two years away, we are away. I mean, we want a life. And it’s been a two year pain. 

A Green Card is for living in the US.  It is not a glorified visitor visa.  There are requirements for maintaining residency.  In general, a Green Card holder can remain outside the US for up to a year without permission.  Remaining outside the US for more than a year would require a re-entry permit.  Once she becomes a US citizen, she can freely exit and enter the US at will.  Good luck.  

There are also dangers regarding a tourist visa since each entry is strictly at the discretion of CBP.  If they suspect she is working while inside the US, she can be removed and banned for 5 years.  The immigration process requires a great deal of knowledge, planning, time, patience, and money.  Good luck on your journey.

[Bob44 12]

Thank you. Quite the process. I’m aware of the rules and we intend to abide by them. It’s amazing how you guys know so much!!

[Redro 4,611]

28 minutes ago, Bob44 said:

Thank you. Quite the process. I’m aware of the rules and we intend to abide by them. It’s amazing how you guys know so much!!

A bunch of us have learned through experience... whilst others have read some horror stories. Stay on VJ and you'll see your partner obtaining a second F1 for a short period of time is the exception and not the rule.

Many foreign nationals aren't allowed to visit the US before they obtain their K1 or IR1/CR1... and the majority try to stay in the US for a few years until they can obtain citizenship. Some will live in the US for half the year but if you're planning on dividing your time between the US and Colombia for the next few years you should look into applying for a re-entry permit which will allow her to stay outside the US for up to 2 years. 

[Timona 4,207]

Don't they ask on the tourist visa if you have a USC boyfriend/ girlfriend? If so, chances are, she's getting denied. I know she already filled the questionnaire...but that question is still applicable at interview. 

 

If I were you, since you say you're 3 months out to the tourist visa, I'd marry now in court, file AOS and have AP within 7/8 months. You've only added 4/ 5 months to the timeframe. 

 

There's a high chance consulate knows she has a boyfriend in US. Additionally, shifting from F-1 to B-2 just shows she's doing everything possible to stay in US..With that, consulate is going to deny the B-2. And of course, ESTA plan is also gone. 

 

If she gets denied B-2, you're looking at 1.5 years for her to come back to US. So what's it going to be? 4/5 months or 1.5 years? Your choice

 

So, marry now and just add those 4 months i mentioned. You should be good. 

Edited April 25, 2022 by Timona

[Redro 4,611]

30 minutes ago, Timona said:

Don't they ask on the tourist visa if you have a USC boyfriend/ girlfriend? If so, chances are, she's getting denied. I know she already filled the questionnaire...but that question is still applicable at interview. 

 

If I were you, since you say you're 3 months out to the tourist visa, I'd marry now in court, file AOS and have AP within 7/8 months. You've only added 4/ 5 months to the timeframe. 

 

There's a high chance consulate knows she has a boyfriend in US. Additionally, shifting from F-1 to B-2 just shows she's doing everything possible to stay in US..With that, consulate is going to deny the B-2. And of course, ESTA plan is also gone. 

 

If she gets denied B-2, you're looking at 1.5 years for her to come back to US. So what's it going to be? 4/5 months or 1.5 years? Your choice

 

So, marry now and just add those 4 months i mentioned. You should be good. 

Listen to @Timona.

You and your partner should discuss which is more important. Her ability to stay with you but visit her parents from time to time (after 6-12 months) Or her ability to stay with her parents and you but the inability to visit the US (with you) before she receives an immigrant visa. 

[Bob44 12]

Well trying to get in the minds of these guys in immigration is silly. I don’t know how they would know that but so what? It’s not illegal to have a boyfriend in the US.  If they ask if she has a boyfriend, she will say yes. She’s coming back to travel the US in Canada. I’m a Buddhist. So is she. It’s about intentions. Ours are to be together legally. We will let the chips fall where they may. Just don’t want to do something stupid on account of ignorance.
We are fortunate enough to have options. I just wanted to make sure I understood completely. We aren’t desperate. This process just gives us more compassion for those that are apart and don’t have options. We had our four months apart during Covid so can have some empathy. 

[pushbrk 12,878]

17 minutes ago, Bob44 said:

Well trying to get in the minds of these guys in immigration is silly. I don’t know how they would know that but so what? It’s not illegal to have a boyfriend in the US.  If they ask if she has a boyfriend, she will say yes. She’s coming back to travel the US in Canada. I’m a Buddhist. So is she. It’s about intentions. Ours are to be together legally. We will let the chips fall where they may. Just don’t want to do something stupid on account of ignorance.
We are fortunate enough to have options. I just wanted to make sure I understood completely. We aren’t desperate. This process just gives us more compassion for those that are apart and don’t have options. We had our four months apart during Covid so can have some empathy. 

You would  be wise to understand that the tourist visa is an option that is far from assured. If she's denied, you the US Citizen will be doing all the travel to visit for 18 to 24 months.

[Timona 4,207]

57 minutes ago, Bob44 said:

Well trying to get in the minds of these guys in immigration is silly. I don’t know how they would know that but so what? It’s not illegal to have a boyfriend in the US.  If they ask if she has a boyfriend, she will say yes. She’s coming back to travel the US in Canada. I’m a Buddhist. So is she. It’s about intentions. Ours are to be together legally. We will let the chips fall where they may. Just don’t want to do something stupid on account of ignorance.
We are fortunate enough to have options. I just wanted to make sure I understood completely. We aren’t desperate. This process just gives us more compassion for those that are apart and don’t have options. We had our four months apart during Covid so can have some empathy. 

 

It's not illegal to have USC boyfriend..but shifting from one visa to another just shows she's desperate to stay in US. Her trip to Canada isn't something US wants to know. US only wants to know their part.

 

And YES, consulate does know. How do you think they catch others? The consulate does its homework before you get to the interview: ask neighbors, social media, go to people's jobs, homes etc.

 

Good luck tiger 🐅.  Carry on. You've got wise counsel from a lot of people here. The ultimate decision is yours.

[Bob44 12]

Thanks again everyone. I know a visa isn’t guaranteed. A lawyer for the Colombian military with family and a house in Colombia? They say no it’s fine. Quite honestly I don’t care at this point. I’ll move. 

[Rocio0010 5,579]

2 hours ago, Bob44 said:

I don’t know how they would know that but so what?

Because she will tell them.

 

2 hours ago, Bob44 said:

It’s not illegal to have a boyfriend in the US. 

Nobody said that.

 

29 minutes ago, Bob44 said:

A lawyer for the Colombian military with family and a house in Colombia?

Not sure what you meant by this, but the law is the law and for visa purposes it doesn't really matter whether she's a lawyer for the Colombian military or a cashier at a grocery store.

[Timona 4,207]

27 minutes ago, Bob44 said:

Thanks again everyone. I know a visa isn’t guaranteed. A lawyer for the Colombian military with family and a house in Colombia? They say no it’s fine. Quite honestly I don’t care at this point. I’ll move. 

 

I don't think that matters to US government. 

Didn't you say she's here on F-1? If so, not sure when she's practicing. 

You'd be surprised how many people with big positions get declined. 

 

Hey, don't get mad at me with my responses. I'm just trying to help you. Two heads are better than one 🤷🏽‍♂️

[Bob44 12]

I am not mad at you at all. I get it. I’m saying if the Embassy denies a gal like that with her background for a tourist visa. I mean man. Not everyone in the world wants to live and work in the US. You’ve heard all the rants i am sure. 
 

it’s too bad there is no travel option once married. The problem is the backup. 
 

I am not surprised at anything anymore. Will roll with it. 

[pushbrk 12,878]

4 hours ago, Bob44 said:

I am not mad at you at all. I get it. I’m saying if the Embassy denies a gal like that with her background for a tourist visa. I mean man. Not everyone in the world wants to live and work in the US. You’ve heard all the rants i am sure. 
 

it’s too bad there is no travel option once married. The problem is the backup. 
 

I am not surprised at anything anymore. Will roll with it. 

If she's a lawyer and a member of the military, she may well have a good chance, unless the smell of her immigrant intent overwhelms her ties to Colombia.  She will need to easily and smoothly explain her reasons for visiting the US.  That she's honored the terms of a previous visa certainly helps.

[Crazy Cat 41,845]

4 hours ago, Bob44 said:

I’m saying if the Embassy denies a gal like that with her background for a tourist visa. I mean man. Not everyone in the world wants to live and work in the US.

However, by law, EVERY person who applies to enter the US as a visitor is already assumed to have the intent to live here......It is her responsibility to overcome that assumption.