Complicated situation: Marrying Indonesian, but obtain greencard in syria

[pushbrk 13,611]

im still confused. If shes married to me, why would they care whether shes shes a potential immigrant to USA or not. If she immigrates and stays in USA, fine, big deal. IF not, fine, big deal. i dont get it. Why should a regular Visa be harder than an Immigration visa.

Ok, just a guess. Are they afraid maybe she will get the Tourist Visa, then suddenly leave me and go to the USA without me and stay there? or possibly go to the USA to "visit" family, then run off and not come back to Syria with me? something like this? Thats all i can think of.

Since overall a non-immigrant visa is a much different and less complex process, they do not want people circumventing immigration law by using a non-immigrant visa to immigrate... It is that simple..

That's the assumption she would have to overcome to get the tourist visa to begin with. Not that she'd leave you but the two of you would use the visa to get her into the USA and stay instead of visit. Gotta get your head around the difference between a right and a privilege.

[trinket 30]

im still confused. If shes married to me, why would they care whether shes shes a potential immigrant to USA or not. If she immigrates and stays in USA, fine, big deal. IF not, fine, big deal. i dont get it. Why should a regular Visa be harder than an Immigration visa.

Ok, just a guess. Are they afraid maybe she will get the Tourist Visa, then suddenly leave me and go to the USA without me and stay there? or possibly go to the USA to "visit" family, then run off and not come back to Syria with me? something like this? Thats all i can think of.

Yes to what you said, those are the usual suspects.

Plus lets evaluate a bit

Tourist visa—

Cost-- $131

Time to get – May be 1 month at most, once you can slot an interview date online

Paperwork—Almost none

Spousal visa—

Cost--$ 825 + medical and other stuff, so lets calculate it as $1000

Time to get – With DCF around 2-3 months, with other routes anywhere from 6 months to 1 year or even more.

Paperwork—3 steps, USCIS, NVC and then Consulate level, have to bring in Affidavit of support papers, which aren’t part of tourist visa.

There is a pretty big difference between immigrant and non-immigrant visa, so there are potential differences too. America deals with the largest influx of illegal and that’s why consulates are so tough on guarding their national interest (I am in no way taking their side, but these are the facts). A lot of people do abuse the system and that’s why it is hard to get tourist visa.

And not just for someone from a third world country like Indonesia, but maybe look into Canada forum and see how many Canadian spouses had to return back to Canada when they tried to come to US through VWP to meet up their US spouse.

So yes it’s a complicated system, but that’s how it is, it’s not that easy as you are thinking it is. Make a solid plan of what you want for your future, where you want to stay with your wife and then decide on which path to take.

Best wishes.

[sweetchops 0]

ok, so if i showed a contract and got a letter from my current employer showing that my employment is in Syria and that obviously we plan on returning to SYria where i reside, this should improve the chances, right? Also maybe if i paid the rent on my apartment in Syria for the upcoming month after my planned return from USA, this would help as well. Are these the type of things your talking about in order to convince them that its only for temporary visits? then again, a 10 year visa may still be hard, considering my employer only does 2 year contracts at a time... I dont see how to convince them with any type of material papers.

Also, what would happen if suddenly I did plan on moving back to the USA perminently at some point in the next few years. Can she return to the USA on the tourist visa then we just go through the immigration there? Some of this stuff just seems silly. She comes from a fairly well off family, financially. will this help? For indonesia standards shes pretty rich, but probably lower middle class for U.s. standards.

i am just afraid how weird it will seem to my family if she cant come visit with me once a year and i just have to tell them every year, "OH my wifes just back in Syria, one of these days u will meet her..maybe.." My family may start thinking bad things, like shes some mail order servant sex labor type bride and im just locking her away in a closet, especially with all the stereotypes of Muslims oppression of women.

Edited November 16, 2008 by sweetchops

[payxibka 10,048]

ok, so if i showed a contract and got a letter from my current employer showing that my employment is in Syria and that obviously we plan on returning to SYria where i reside, this should improve the chances, right? Also maybe if i paid the rent on my apartment in Syria for the upcoming month after my planned return from USA, this would help as well. Are these the type of things your talking about in order to convince them that its only for temporary visits? then again, a 10 year visa may still be hard, considering my employer only does 2 year contracts at a time... I dont see how to convince them with any type of material papers.

Also, what would happen if suddenly I did plan on moving back to the USA perminently at some point in the next few years. Can she return to the USA on the tourist visa then we just go through the immigration there? Some of this stuff just seems silly. She comes from a fairly well off family, financially. will this help? For indonesia standards shes pretty rich, but probably lower middle class for U.s. standards.

i am just afraid how weird it will seem to my family if she cant come visit with me once a year and i just have to tell them every year, "OH my wifes just back in Syria, one of these days u will meet her..maybe.." My family may start thinking bad things, like shes some mail order servant sex labor type bride and im just locking her away in a closet, especially with all the stereotypes of Muslims oppression of women.

It might seem silly but it is very serious.. Using a non-immigrant entry to circumvent immigration law is illegal.... If found to be true, can result in deportation and lifetime ban to re-entry for the alien... A big price to pay because you don't do it the right way....

[sweetchops 0]

ok, but the point is its NOT to bypass immigration. So if she has the tourist visa already, and has already visited USA a few times, temporarly, and suddenly theres a job offer back in the USA or some other reason I need to return to the USA perminently, do I have to leave her alone in Syria (or send her back to Indonesia) and go through the immigration there, or can she come back to the USA on the tourist visa and go through immigration there?

In a case like this, i dont see this as any real exploitation of the tourist visa since the tourist visa was applied for and obtained for legitimate reasons of temporary visitation. Im just saying if plans change..

[canadian_wife 1,831]

Payx is still right, she CANNOT enter on a tourist visa and then 'change her mind' if your intention was always to do immigration upon arrival. That is illegal and can have devestating results.

[payxibka 10,048]

ok, but the point is its NOT to bypass immigration. So if she has the tourist visa already, and has already visited USA a few times, temporarly, and suddenly theres a job offer back in the USA or some other reason I need to return to the USA perminently, do I have to leave her alone in Syria (or send her back to Indonesia) and go through the immigration there, or can she come back to the USA on the tourist visa and go through immigration there?

In a case like this, i dont see this as any real exploitation of the tourist visa since the tourist visa was applied for and obtained for legitimate reasons of temporary visitation. Im just saying if plans change..

For the third time, you cannot use a non-immigrant entry, if your intent upon entry is to immigrate...

If plans change during the stay that is a different set of facts... but those intentions cannot be "in play" when entry is made.

It does not matter if you do not see exploitation... What matters is what does the USCIS see...

[sweetchops 0]

ok, so put simply, if I need to return to USA perminently, basically its Bye bye, see you in a year or so, heres some rent money while your going through Immigration in Syria. Is that pretty much how its going to have to work? Even if we have been married for years and she has visited USA multiple times? ALl of a sudden now she cant visit the USA as soon as I need to move back perminently?

[canadian_wife 1,831]

A LOT of people on here are going through immigration the way you explained, the waiting, the worrying, the stress. It is a difficult procedure but you are not unique. If you KNOW you are going to go back to the U.S. and are making plans, you can begin the immigration process in Syria through the US consulate which is substantially shorter wait time then you returning to the US and then filing the papers.

If her intention is to immigrate to the US then it becomes increasingly difficult for her to be granted admittance, regardless if she has a tourist visa or not as the customs officer will, as you have clearly pointed out it is your intention to do so, see it as if she intends to file immigration paperowrk upon arrival in the US which is illegal.

As of now, nothing to worry about. Enjoy your life with your wife and if plans change you can begin the immigration procedures. Just make sure it is done properly.

[sweetchops 0]

i plan on doing everything legitimately. I just worry about the future and if plans DO change, the possibility of me having to leave her for a long time if I have to go back to the USA. I think its a lot worse to be married for a few years, become accustomed to living with her, then having to leave her for a year, as opposed to leaving her for a year from the very begining, then never having to worry again once the immigration is completed. Thats my problem. Marrying her then leaving her then living with her forever is less stressful, to me, than marrying her, living with her for a long duration THEN leaving her for a duration before reuniting. Makes moving back to my homeland less tempting.

[pushbrk 13,611]

ok, so put simply, if I need to return to USA perminently, basically its Bye bye, see you in a year or so, heres some rent money while your going through Immigration in Syria. Is that pretty much how its going to have to work? Even if we have been married for years and she has visited USA multiple times? ALl of a sudden now she cant visit the USA as soon as I need to move back perminently?

Only if you suddenly move back permanently. If you plan it a few months in advance, you can use the Direct Consular filing process to obtain a CR1 or IR1 visa for her. Then she accompanies you and immigrates at the same time.

It would help you to stop worrying about whether you "like it"or not and simply learn your options. We all had to get our heads around our options at some point in our process. It's good your starting to do so before the marriage so you'll be able to set the proper expectations. Some of us were fortunate enough to get our heads around it before we made our decisions about marriage but many are in the same boat as you. The expatriot life has its complications.

[sweetchops 0]

basically having that in mind, just makes me nervous about the future and is more stressful than just going through the immigration right after marriage. Hope that makes sense. i dont want to always be wondering if her immigration will be denied even if we been married for many years. That would keep me from ever being able to move back to my country as well, as I dont believe in divorcing her because of U.S. governmental logistics denying her immigration. If her immigration was denied just the following months after the wedding, then divorce would be a little more justified since we have not had lots of time to grow accustomed to living with each other and building a life with each other.

so, ya, i have a right to be more stressed concerning the variables for my case, as opposed to filing for immigration right after the wedding. Basically I cant feel realaxed until the whole immigration thing is completed, and if i dont go through immigration for say, 15 or 20 years in the distant future, then im not going to feel relaxed about future prospects of returning to my home country America

[sweetchops 0]

Ok, but what if I have to move back to the USA on the pronto? Like suddenly i obtain a job offer and they need me back in the states in a couple weeks? In this case, pretty much i have to leave her and have her go through immigration while im back in USA away from her?

Also, another qusetion. What if i visit family in USA and bring her along on her tourist visa, and plans change and suddenly I obtain a job during my temporary stay in USA. Under these circumstances, she could go through immigration if i can prove that the employer notified me that I was officially hired while I was already back in the USA in what was originally expected to be a temporary visit. Correct?

Oh and sorry, just a bit stressed. Not to sound rude or anti-government or anything.

Edited November 16, 2008 by sweetchops

[pushbrk 13,611]

Ok, but what if I have to move back to the USA on the pronto? Like suddenly i obtain a job offer and they need me back in the states in a couple weeks? In this case, pretty much i have to leave her and have her go through immigration while im back in USA away from her?

Also, another qusetion. What if i visit family in USA and bring her along on her tourist visa, and plans change and suddenly I obtain a job during my temporary stay in USA. Under these circumstances, she could go through immigration if i can prove that the employer notified me that I was officially hired while I was already back in the USA in what was originally expected to be a temporary visit. Correct?

"Have to" is a strong term. You're talking about options and choices here. Yes, if you can demonstrate plans changed after her US entry, she can probably stay and adjust status.

You're marrying a foreigner. It limits your options but there are options within which to have a pretty normal life.

[amaciar 0]

ok, but the point is its NOT to bypass immigration. So if she has the tourist visa already, and has already visited USA a few times, temporarly, and suddenly theres a job offer back in the USA or some other reason I need to return to the USA perminently, do I have to leave her alone in Syria (or send her back to Indonesia) and go through the immigration there, or can she come back to the USA on the tourist visa and go through immigration there?

In a case like this, i dont see this as any real exploitation of the tourist visa since the tourist visa was applied for and obtained for legitimate reasons of temporary visitation. Im just saying if plans change..

When and if you decide to move back to the US permanently your quickest option will be to go through the US Embassy in Syria. It cuts out several steps and makes the process months not a year. Also if you were to move back to the US for several years your spouse could apply for citizenship after three years of having a green card and living permanently in the USA. Not positive how long that application takes once filed though. So then she would have the same rights as you. I would try and talk to someone in the US Embassy in Syria and they can help you figure out your best course of action or just look over more of the post here they are very helpful.