Spousal visa for student

[pushbrk 12,878]

4 minutes ago, Crazy Cat said:

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. 

Yes, so in other words, it is not illegal to have an American boyfriend.  It's illegal for a Consular Officer to issue a nonimmigrant visa to a person with immigrant intent. (except in special circumstances which do not exist in this case)

 

The applicant must state a clear reason for visiting the USA.  If the real reason is to visit her boyfriend, that's unlikely to work.  Contrived reasons don't work either.

[Crazy Cat 41,845]

1 minute ago, pushbrk said:

Yes, so in other words, it is not illegal to have an American boyfriend.  It's illegal for a Consular Officer to issue a nonimmigrant visa to a person with immigrant intent. (except in special circumstances which do not exist in this case)

 

The applicant must state a clear reason for visiting the USA.  If the real reason is to visit her boyfriend, that's unlikely to work.  Contrived reasons don't work either.

Well said.  Thank you, Sir!!!

[Bob44 12]

Thank you again. I’m seeing the problem here and that is the assumption everyone wants to live and stay here. You guys keep saying immigration intent even though I’ve explicitly said that not it. She can more than handle herself and I’m sure the right decision will be made. It’s quite the process and eye opening. Thanks again. 

[pushbrk 12,878]

6 minutes ago, Bob44 said:

Thank you again. I’m seeing the problem here and that is the assumption everyone wants to live and stay here. You guys keep saying immigration intent even though I’ve explicitly said that not it. She can more than handle herself and I’m sure the right decision will be made. It’s quite the process and eye opening. Thanks again. 

You do get that the Consular Officer is required to assume immigrant intent, and the burden is on the applicant to overcome that required assumption.  Right?  She must "handle herself" with THAT in mind.

 

[Rocio0010 5,579]

2 hours ago, Bob44 said:

You guys keep saying immigration intent even though I’ve explicitly said that not it

It’s not what WE say. It’s what the CO assumes. You can explicitly say no to us, but she’ll have to demonstrate strong ties to her home country to convince the CO.

[Chancy 6,241]

3 hours ago, Bob44 said:

I’m seeing the problem here and that is the assumption everyone wants to live and stay here. You guys keep saying immigration intent even though I’ve explicitly said that not it.

 

We are not making it up.  It's actually in US immigration law, regardless of what you say.  Google "INA section 214(b)".  Every tourist visa applicant is presumed to have immigrant intent, and the burden is on the applicant to overcome that presumption and convince the consul officer by having strong ties to their home country.

 

[Bob44 12]

Hey there,

 

THanks for all the help on previous posts. We are planning on getting married here in the US and we have two options as my gal is a student here. One option is file here for green card and stay. The other option is file for green card in Colombia, she leaves when school is over in the summer and stay outside the country during the process. She also has a tourist visa interview in August that would allow her to visit while we wait. The question is would you file here and wait knowing it would be awhile for here to be able to leave or would you file outside of the US in her home country and after we file she has the interview for a tourist visa. 

 

Knowing that she could have stayed here and filed here, but chose her home country and then a tourist visa so she could come once in awhile while we wait. What are the difference in wait times and would the embassy folks look weird at her knowing she has left the US twice now and has already applied for a green card outride the US? Which would you do? Hope my description is clear. 

[Penguin_ie 5,993]

***** Two threads merged and topic moved to What Visa forum, as Op isn;t sure yet  what to file for.  Please only post once about an issue/ question.  If you have follow on questions or more info, post them as a reply to the original (this) thread, so as to keep all the info together *****

[SalishSea 17,827]

On 4/25/2022 at 3:49 PM, Bob44 said:

I’m seeing the problem here and that is the assumption everyone wants to live and stay here. You guys keep saying immigration intent even though I’ve explicitly said that not it.

It's not us.

 

Immigration law requires nonimmigrant visa applications to be adjudicated through that lens.  CPB are required to evaluate requests to enter the US through that lens.

[aaron2020 11,651]

13 hours ago, Bob44 said:

Hey there,

 

THanks for all the help on previous posts. We are planning on getting married here in the US and we have two options as my gal is a student here. One option is file here for green card and stay. The other option is file for green card in Colombia, she leaves when school is over in the summer and stay outside the country during the process. She also has a tourist visa interview in August that would allow her to visit while we wait. The question is would you file here and wait knowing it would be awhile for here to be able to leave or would you file outside of the US in her home country and after we file she has the interview for a tourist visa. 

 

Knowing that she could have stayed here and filed here, but chose her home country and then a tourist visa so she could come once in awhile while we wait. What are the difference in wait times and would the embassy folks look weird at her knowing she has left the US twice now and has already applied for a green card outride the US? Which would you do? Hope my description is clear. 

What happened to her not having immigrant intent 10 days ago?  LOL.

[Bob44 12]

1 minute ago, aaron2020 said:

What happened to her not having immigrant intent 10 days ago?  LOL.

We still don’t know. It depends. 

[aaron2020 11,651]

8 minutes ago, Bob44 said:

We still don’t know. It depends. 

And this is why we have been telling you that a tourist visa is unlikely.

 

As an attorney, she should understand that the burden to overcome the legal presumption that everyone who applies for a visa intends to immigrate rests with her.  We don't know and it depends if she will travel to the US on the tourist visa and stay to apply for a green card doesn't sound like she can overcome the legal presumption.  

Edited May 8, 2022 by aaron2020

[Boiler 45,486]

I thought Portugal stopped that program due to massive amounts of fraud?

[Bob44 12]

1 hour ago, Boiler said:

I thought Portugal stopped that program due to massive amounts of fraud?

They did. In March. But she applied over a year ago. I’m not sure it was all fraud. Just lots of applicants. 

[Boiler 45,486]

56 minutes ago, Bob44 said:

They did. In March. But she applied over a year ago. I’m not sure it was all fraud. Just lots of applicants. 

I remember reading about it, definitely fraud. Pay to play