Which Visa Should I Apply For?

[luck4unme 0]

Hi All.

I have been a resident of Colombia for many years. I plan to file a Direct Consulate Filing if allowed.

We have no interest in living in the USA.........ust plan to visit family and show them my country. Several married guys' wives applied for B-1 tourist visa and were denied. They think it was because they were married and therefore the correct visa was spousal.

So are they correct that we should apply for a spousal visa even though we have no interest in residing in the USA?

Specifically, is anyone aware of tourist visa apps being denied to wives of US citizens because they were married? Or is it just a coincidence and the visa app would have been denied regardless of marital status.

Thanks

[Transborderwife 4,666]

If you do not plan on living here do not file for a greencard, simple as that. DCF is not available in Colombia

[Caryh 5,206]

You will have to show how you're re-establishing your residency for the spousal visa to be approved. Which is fraud because you have no intention on doing so. Then she will end up losing the green card, because she is not maintaining residency. You're caught in one of those catch 22s. They don't believe you're not short cutting the immigration process by getting a visitors visa, but you can't keep a green card if she doesn't stay there. Apply for the tourist visa, but before you do, gather plenty of hard evidence on why you're not moving back to the USA and she isn't either. Establish the hard ties on why she will return.

[Boiler 43,430]

B1 is for business.

[luck4unme 0]

I am a rookie at all this. Apologize if I read the following incorrectly:

A B-1/B-2 visa is commonly known as a tourist visa, since it the type of nonimmigrant visa used for tourism. The majority of visa applicants at U.S. Embassy Bogota apply for this visa. It is for people who wish to visit the United States temporarily for business or pleasure.

• 
  
  Some of the activities permissible on a B-1/B-2 visa are:
  
  
  
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  Going on vacation
  
  
  
• 
  
  Visiting family members or friends
  
  
  
• 
  
  Attending business meetings
  
  
  
• 
  
  Participating in work-related training
  
  
  
• 
  
  Receiving medical treatment
  
  
  
• 
  
  Performing missionary work
  
  
  

[Caryh 5,206]

B-1 is the business visitor. B-2 is the vacationing and visiting family visa.

I am a rookie at all this. Apologize if I read the following incorrectly:

A B-1/B-2 visa is commonly known as a tourist visa, since it the type of nonimmigrant visa used for tourism. The majority of visa applicants at U.S. Embassy Bogota apply for this visa. It is for people who wish to visit the United States temporarily for business or pleasure.

• Some of the activities permissible on a B-1/B-2 visa are:
• Going on vacation
• Visiting family members or friends
• Attending business meetings
• Participating in work-related training
• Receiving medical treatment
• Performing missionary work

[luck4unme 0]

Thanks Cary

As mentioned, I have been a resident of Colombia for many years and have no desire to reside anywhere else.

I do not own property or have any assets in the USA or Colombia..... just a small bank account for the purpose of direct deposit of Social Security that I immediately withdraw via Colombian ATM. I have no work skills or ability to work or live in the USA.... nor do I have sufficient income or desire to reside CONUS. I have adopted my wife's six year old daughter and am comitted to her getting her educaton here in her home country.

My wife owns a car, a home and has bank accounts here in Colombia. She has close family here and does not know anyone in the USA. She is the mother of a 6 year old girl who I have adopted. We would want her to travel with us. Disney, DC, New York, Chicago.....maybe Grand Canyon, Vegas etc.

We love our life here and have no desire to live anywhere else on the planet.

What other "hard evidence" would be helpful in obtaining a tourist visa?

Interesting that some of my friends were forced into chosing fraud in order for their wives and children to simply visit the USA. Catch 22 is an understatement.

Thanks to everyone who posted.

[Boiler 43,430]

What does your wife do?

[Ontarkie 13,915]

~~Moved to Tourist Visas, from What visa do I need. - As the OP doesn't plan on moving to the US.~~

[Unlockable 7,306]

Interesting that some of my friends were forced into chosing fraud in order for their wives and children to simply visit the USA. Catch 22 is an understatement.

They weren't forced into committing fraud. They committed fraud.

And the actions of your friends is the very reason it is difficult to get a visa from many countries.

[MacUK 983]

They weren't forced into committing fraud. They committed fraud.

And the actions of your friends is the very reason it is difficult to get a visa from many countries.

What I think he means is that they were forced to pursue CR-1 visas just to visit the US as they weren't able to get tourist visas.

Not that they tried using tourist visas to move to the States

[Boiler 43,430]

That is not fraud and not an option here.

[luck4unme 0]

So.... the consensus is to have her apply for a B-2 tourist visa and if denied ......"that is the way the cookie crumbles."

And as a result we will not be able to visit my country and my extended family.

Before anyone launches barbs, yes, I am fully aware that is my choice to live outside of my country of birth and citizenship.

[Cathi 5,610]

So.... the consensus is to have her apply for a B-2 tourist visa and if denied ......"that is the way the cookie crumbles."

And as a result we will not be able to visit my country and my extended family.

Before anyone launches barbs, yes, I am fully aware that is my choice to live outside of my country of birth and citizenship.

sorry to say this is pretty much true. One cannot apply for a cr-1 knowing full well they will not live here. It is lying, lying is misrepresentation, misrepresentation is a lifetime ban. If there ever comes a time when you actually do want to move back to the US, or apply for another B2 in the future it would be impossible with a lifetime ban for your wife. The best advice is to gather as much evidence you can proving ties to home. and apply for the b2 .

Also applying for a cr1 isn;t as easy as you think, it is very expensive, well over $1000 when said and done, plus you have to prove domicile in the US before the visa is issued and there is the affidavit of support. You have to prove you can support her so she doesn't become a public charge, so you have to fill out an affidavit proving you earn enough money here in the US-obviously you don;t work here, so that means you would have to get a joint sponsor willing to sign(and willing to lie to immigration for you) their own affidavit that he/she would essentially be supporting your wife(lying for you). A cr1 also takes at least a year. But even telling you this is a moot point because filing for a cr1 when you never plan to live here would involve lying, lying is material misrepresentation, material misrepresentation is lifetime ban.

Edited April 9, 2016 by mimolicious

[Harpa Timsah 13,258]

Your ties to Colombia will also have some effect on the outcome. Don't compare yourself to other cases.

I have also seen people get the Greencard, then basically "turn it in" at the embassy in foreign country and "exchange" it for a B2. Giving up the GC like that can prove that you really don't, in fact, want to live in the US (because the GC is permission to do so).

But don't worry about that before you apply for the B2 outright. If she is honest in her application, then even if she is denied, it will not hurt her in the long term.