Advice needed regardinf visa application

[markanthony 0]

Good day all,

I am not sure if this is the right forum to post my situation in, if not I apologise. Please read carefully as it is quite a long post but I would prefer to give as much information as possible from the word go.

I am married to a lady US citizen from Norh Carolina. We have been married since October, 2000. I am South African and she came over here to SA to meet me and get married. She then went back home to the US to start my visa application to enter the US. We submitted the required documents, I unfortunately do not remember where and she then came back to SA to visit me again.While she was here my work circumstances changed due to the company closing and paying for the continuation of my applcation became impossible. I had already received approval for my visa or something to that effect, I still have most all the original correspondence if any reference numbers/information is needed.

She has now lived here in SA with me ever since. She is on a visitors visa here and just keeps renewing it every 2 years as she does not want to leave SA witout being able to take me with her.

Now, my questions are:

1: Is my application completely dead? In other words do I have to start applying from scratch?

2: If it IS dead, what are our options regarding getting me into the US with her? We have lived as a married couple for 10 years now, would that count in our favor at all with any application?

3: She is not able to work while here on a visitors visa, so how would her not having any way to provide for us impact on any application?

Thanking you for your time and assistance,

Mark de Wet.

[amyjohans 4]

Good day all,

I am not sure if this is the right forum to post my situation in, if not I apologise. Please read carefully as it is quite a long post but I would prefer to give as much information as possible from the word go.

I am married to a lady US citizen from Norh Carolina. We have been married since October, 2000. I am South African and she came over here to SA to meet me and get married. She then went back home to the US to start my visa application to enter the US. We submitted the required documents, I unfortunately do not remember where and she then came back to SA to visit me again.While she was here my work circumstances changed due to the company closing and paying for the continuation of my applcation became impossible. I had already received approval for my visa or something to that effect, I still have most all the original correspondence if any reference numbers/information is needed.

She has now lived here in SA with me ever since. She is on a visitors visa here and just keeps renewing it every 2 years as she does not want to leave SA witout being able to take me with her.

Now, my questions are:

1: Is my application completely dead? In other words do I have to start applying from scratch?

2: If it IS dead, what are our options regarding getting me into the US with her? We have lived as a married couple for 10 years now, would that count in our favor at all with any application?

3: She is not able to work while here on a visitors visa, so how would her not having any way to provide for us impact on any application?

Thanking you for your time and assistance,

Mark de Wet.

1. Yes, your application is closed once you have gone one year without contacting the NVC. Or if you already did your interview your visa was only good for 6 months to enter the US.

2. Your wife will have the file the I-130 to start a new petition. The two good things are you will receive an IR-1 visa and when you enter the US you will receive a 10 year green card instead of the conditional two year one since you have been married for more than two years. The other good news is that since your wife is living abroad with you, she will most likely get her petition expedited at the USCIS stage. Most USC's living abroad have been getting their petitions expedited.

3. That will come into play when she fills out the Affidavit of Support paperwork. She will most likely need to find a joint sponser, someone who is a USC or LPR. But you will have to read more about that to decide if a joint-sponsor is necessary in your case.

[Ryan H 3,791]

Now, my questions are:

1: Is my application completely dead? In other words do I have to start applying from scratch?

2: If it IS dead, what are our options regarding getting me into the US with her? We have lived as a married couple for 10 years now, would that count in our favor at all with any application?

3: She is not able to work while here on a visitors visa, so how would her not having any way to provide for us impact on any application?

Answers:

1. Yes and Yes

2. She files sends an I-130 to the Chicago lockbox to begin the spousal visa process (she should use her South African address she shares with you on all forms, this will likely put the file into the much talked about auto-expedite queue for cases where the petitioner lives abroad {she will not be able to DCF since she has been living in SA on tourist visa extensions}). Since you have been married for 10 years, you would ultimately be applying for an IR-1 visa which would result in you being issued a 10 year green card upon entry to the US.

3. Her not being able to work in South Africa in of itself is not an issue. However, in order for you to be issued a visa, a financial requirement needs to be met. Since she is unlikely to qualify on her own, she will need to find someone who is willing to be a joint sponsor.

Furthermore, she will need to show that she is in the process of reestablishing a US domicile.