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EcuadorAlien

What Visa is needed for spouse where husband is not living in US

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Hello forum members

we would like to bring up the following question: Our sister with Ecuadorian citizenship is married to a US citizen who lives in Ecuador since 8 years. They got married in Ecuador (also 8 years ago). We (sister and brother in law) also live in the US on a E2-visa. We got German citizenship.

She would like to visit her husband's family as well as us, just as a Tourist without any intentions to stay in the US permanently.

What options does she have to apply for a Visa?

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Yes, a tourist visa. She will need to prove that she will return to Ecuador, such as a good job, minor children staying behind, enrollment in university, a business she runs etc. In her case, as she has a USC husband, it would also be a good idea to show prove that HE has ties to Ecuador and won't stay in the USA;.

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Definitely a Tourist visa.

The challenge will be, as mentioned by other posters, that you convince the Consular Officer(s) that you and your husband have strong ties to Ecuador, and no intentions to stay or seek to "adjust status" once in the US.

And the Tourist visa is right for you because it is a LOT cheaper than any other option, much less paperwork for you, and generally quicker to get.

Direct Consular Filing (DCF) is the way to go.

Cheers,

Dave

Edited by DaveSana

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Thank you all for your responses. Unfortunately she already tried once to get a Tourist Visa and she got rejected. As you say, maybe she needs to find strong arguments that makes it obvious that she will come back, and her husband too.

Edited by EcuadorAlien

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The particulars of the earlier attempt(s) to get a Tourist visa might be relevant.

Did she have kids, property, a significant job, back in Ecuador? Is she married with no kids and wanted to visit with her husband (and hence less reason to not go back)?

Was she aware that she needed to convince the CO that she had strong ties, or did she think that getting a visa would not be a problem?

Do NOT accept the invitation to get an immigrant visa AT ALL. That would only make matters worse, and if you do NOT want to immigrate, having one would be of little use, in addition to being even harder to justify.

Taking a few trips to other countries might help. Meeting the US-based family in a different country might help too.

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It's the only option for OP's scenario as described.

The Tourist visa is the appropriate visa given the OP's scenario - agreed, and stated.

But It is NOT the only legal option for the PERSON to visit the States and spend time with family, which is the actual primary goal beneath the "scenario".

It is, however, the simplest, quickest, and cheapest, as opined.

Dave

Edited by DaveSana

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Say, take a short duration full time course of study...something that goes beyond that which is allowed with a B visa.

Say, a summer intensive course, that gives them permission to be in the country, and spend some time with family, and yet is not a tourist visa.

Dave

Edited by DaveSana

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Study visa requires an i20 and committing rather significant finances. It's not as simple as getting a study visa, coming to the US, and just returning home after visiting.

The first post is quite clear about the applicant wanting to visit her husband's family just as a tourist. B2 visa is the only legal option.

Refrain from offering advice on attempting a visa with fraudulent intentions.

Edited by KierenHby

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